Business , Financial & Legal Consultant In India

December 8, 2018

What Is Auditing & Types Of Auditing In India

Auditing

Auditing is the on site verification activity, or it is like inspection and examination of a process or of a quality system. An Auditing is applicable on entire Organizations or an Audit must be specific to a function or process, or a production step.

Some Audits are named according to their purpose and scope.

3 Types of Audit

There are 3 Kinds of Audit and they are as follows:-

Product Audit:- In this an examination which is done of a particular product and service to evaluate whether the particular product or services conforms to the requirement or not.

Process Audit:- It is a kind of verification done to check whether the processes are working within established limits or not.

System Audit:- An audit is conducted for a management system. Auditing is done to check the quality management system is whether maintained or not.

Internal and External Audits: first Party, Second and third party Audits:

First Party Audit: It is done within the Organization to measure its strength and weaknesses against its own methods and produces i.e. it is an internal Audit which is performed by the Auditors who are hired by the Organization itself but they should not be having any vested interest in the audit result of the area which is audited.

Second Party Audit: It is an external Audit which is done or performed on the supplier by a customer or by a contracted Organization on behalf of a customer.

Third Party Audit: It is performed by an Audit Organization independent of the customer-supplier relationship and is free from any kind of conflict of interest.

December 7, 2018

What is TDS Return, and why you need to file it?

As per Government TDS Scheme, TDS has to be deducted at the time of making payment. Person who is making payment deducts and and deposits TDS with the Government of India.

TDS which is deducted is usually paid to the Government through Income Tax Challan along with the payment.

Besides depositing tax, as a deductor you must file TDS return.

Basically a TDS return is a quarterly return which is to be filed or submitted with the Income tax department. If you are deductor then it is mandatory to file TDS Return, and details of the TDS that is deducted is to be deposited by you to the Government. TDS return includes various things as per the forms such as details of PAN of the deductor and deductee, TDS Challan information and other details as required by the Forms.

TDS Return Forms

There are different forms available according to the nature of the income that has to be submitted and they are as follows:

For TDS on salary form 24Q is available.

For TDS where deductee is a non-resident, Foreign Company, form 27Q is there.

For TDS on payment for transfer of certain immovable property, form 26QB is there.

For TDS in any other case, form 26Q is there.

December 7, 2018

What Is The Process To Rectify The Already Registered Trademark In India

trademark rectification process in india

Trademark rectification is a legal procedure that is done to correct or rectify the error that has been done or made in the Trademark that has been put inside the Trademark registry. It is done when trademark has been wrongly registered or or when the mark is still in the trademark Registry after it has been expired (gone beyond the 10 year limit).

Trademark Rectification- Eligibility criteria

Anyone whose Trademark has been entered into the registry in a wrong way.
Anyone whose Trademark Application ahd the correct mark but the data which was entered in the register was wrong.
Anyone whose Trademark registration period of 10 years is over and the mark are still present.
Anyone who wants to cancel the trademark registration.

Trademark Rectification can be applied only when anyone’s Trademark is registered. If anyone’s Trademark is not registered then Rectification for trademark cannot be applied.

What are the grounds of trademark rectification or Trademark Cancellation?

If the trademark registration was done without any proper means, or if the Registration was obtained through untrue representation of facts, or if the Trademark was already been registered.
The Trademark is still inside the registry even after either there is a case againsts it, or the Trademark can create confusion.
If there are changes, amendment, or modification needed to be made to a registered Trademark according to the more recent advancement.
If a Trademark is registered but hasn’t been using it for more than 5 years.
If the Trademark hasn’t been renewed after its prescribed time of 10 years.
If the Trademark Registration have been obtained using unsrupulous means or fraud, then the Trademark can be expunged from the Trademark registry.
If there are any evidences pertaining to the non conformity of the Trademark registered on the grounds present in the Indian Trademark Act.
If more classes need to be included or added to the Registered Trademark.

Where is Trademark rectification Application filed?

Trademark rectification application is to be filed before the Trademark registry or either you can apply the rectification application of Trademark online also. However more physical approach is recommended.

Trademark Rectification Procedure

Firstly you need to file the Application for Trademark Rectification, and for filing there is a prescribed fees and format provided.
The application should include the case statement.
Once you have finished the Application, you can submit it either to the Registrar or IPAB.
After the Registrar receives the Application they are going to make contact with the registered proprietor of the mark to give counter statement.
As the counter statement arrives to the evidence stage, the parties are required to file their evidences in an affidavit format.
After this a haring happens, and the order for subsequent removal or rectification of Trademark is passed.

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December 3, 2018

What Is Section 8 Company And Its Registration Process In India ?

If you are planning to start non- profit Organization then opening a section 8 company is a good option as it involves several benefits within it. So here in this blog we will discuss the procedure for the registration of Section 8 Company.

Objectives of section 8 Company

Section 8 company is basically to start Non- Profit Organization into certain kind of business entity. And the objectives of Section 8 company are as following:-

To promote science, Art, Commerce, Education, social welfare, charity, social welfare, Protection of environment or any other objective that relates to social-economical conditions of society in some shape or form.
The profits which are generated through this business is to be used or promote the above mentioned objective.
Its only objective is to promote business and its profits not to be distributed among its members.

Section 8 Company Registration Process

Firstly Digital signature Certificate is to be obtained of one of the Directors of the Company.
Then DIN (Digital identification number) is to be obtained of the proposed Section 8 Company.
Then Name is to be Approved through RUN (Reserve Unique Name) and then submit it to the Registrar of Companies.
The MOA ( Memorandum of association and AOA (Articles of Association) is to be submitted in which under MOA Objectives and Powers of the Company is explained where in AOA rules and regulations that are followed by NON-Profit organization/ Entity.
Then Form INC 12 is to be filed, this form is for providing such institute a License to conduct welfare activities.
Finally we file for Company Incorporation, by filing spice Form.

Documents which are required

Copy of PAN Card of Director
Any Identity Proof
Utility Proof as Address proof for the headquarters of Company
Passport sized photo id
Proof of ownership of the registered office
An NOC as well.

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November 29, 2018

How to protect Trademark Internationally

If any person wants to register their mark in abroad or you are thinking for worldwide expansion then he can consult his lawyer or his agents to get it registered. And every Application for Trademark is applied individually in that Country’s IP Office. Applying in a different Country is a quite tricky process and that is why World Intellectual Property Organization (WIPO) have given Sorted solution for that and i.e. Filing of Trademark through Madrid Protocol through which Trademark can be applied in several countries through a single Application.

What is Madrid System

It is basically an Agreement which is signed by several countries (At present t has 97 member countries). By filing single Application Trademark can be filed in these several countries. By filing of a single Application status of your Trademark in each country can be tracked and managed centrally through the WIPO Site. without Madrid System international Trademark process is quite tricky and lengthy.

An Application will be moved from the country of origin only. And costing is given on the WIPO website. Fee Calculator is there on the WIPO website to tell the fees for applying for Madrid. It depends on the number of countries you are applying for and accordingly fees is charged. It takes 15 to 18 months to get it registered and can be renewed after every 10 years.

Therefore for Trademark application it is advisable to seek suggestion from the trademark attorney and after proper consultation only applies for Trademark filing by the way of Madrid System.

November 28, 2018

What is the role of Company registrar of Companies in the Incorporation process

The Company Registration process in India includes Companies Secretaries, Chartered accountants and some other individuals. In this blog we will discuss the role of Registrar of Companies in incorporation process.

Role of Company Registrar

Registrar of Companies has very important role to play in Incorporation of Companies. All documents are sent to the Registrar of Companies only. He decides everything like whether Company’s name can be incorporated or not. There are three Categories which are divided in to 3 parts and they are as follows:-

Document Accumulation– Once Registrar receives all the documents and application, then he will cataloguing it responsibly for future assessment.

Document Assessment- Once the Registrar receives all the documents then he will check whether all the documents are in order or not. And for Document assessment he will check whether all documents are present or not. And whether the documents are as per the rule of Ministry of Corporate Affair. And he will check that whether the application is filed right or not.

The certification- Once the Registrar checks every document that whether all the documents are present or not and all the documents are on record or not. And after checking all documents he will decide whether to certify the company or not. After certification of the company, documents are given to the Applicant. Only Chartered Accountant and Companies secretaries and some other people are authorised to apply for Incorporation of the Company. Because they are the experts and will advice you on correct things.

In BIATConsultant there are team of experts which can guide you in Company incorporation process.

November 26, 2018

What Is Said To Be Dormant Status Of The Company

Dormant status of the Company

The concept of Dormant Company came into existence in India with Companies Act, 2013. And it basically is formed as a sleeping or inactive company which is made for the future perspective. There is not any specific clause in the companies Act but it is mentioned in section 455 of Companies Act, 2013. And under this section the types of companies which are formed for future references is being discussed.

Inactive company does not carry any business operations or has not made any significant accounting transaction during the last two financial year. Companies must have not filed any financial statements or Annual returns during the last two financial years. Companies who have fails regarding mandatory annual requirements, those companies are also referred as a Dormant Company.

Here are some Rules regarding Dormant Company

MSC-1- Application for seeking- Application for obtaining a status of a Dormant Company can only be obtained through a special resolution Approval and through issuing a notice to all the Shareholders. There should not be any kind of dues i.e. tax dues or any outstanding loans, then only the status of a Dormant Company can be obtained.

MSC 2- Certificate of Registrar- Registrar will issue the Certificate.

MSC 3- Return of Dormant Company- By filing return the financial position of the Company can be seen. And the returns of the Company should be filed by the Chartered Accountants who are in Practice.

MSC 4- Application for Active Status- If a Company wants to get its Active Status then it can simply move an application for the revert of the status along with the requisite fees.

MSC 5- Certificate of Application status- In this certificate of Application status is being issued.

There are some rules which specifies that a Company cannot remain inactive for more than 5 consecutive years i.e. there are some rules given in which it is clearly written that a Company cannot remain inactive for more than 5 Consecutive years.

And is registrar has doubt that being a Dormant Company some transactions have been issued then the registar can take necessary steps or action to revert the status of an inactive company to a Active Company.

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November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

Step by Step procedure for Copyright protection in India-

To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.

November 25, 2018

What Is Procedure Of Copywriting A Song In India ?

Once a song is made it is very important to copyright the same as soon as possible in order to protect it from infringement. In this blog we will discuss about how to copyright a song.

Copyright Registration In India is an intellectual property right provided by the law of creators of literary, dramatic, Musical or Artistic Work and producers of Cinematographic films and sound recording.

Documents required for Copyright a song

For making an application for songs Copyright, the NOC of Author, Publisher, Composer/ Producer and all other persons involved under creation of song is required to be submitted.
Two original and identical copies of the work.

The procedure of songs Copyright in India

Filing the Application- First step in the process of copyright registration of a song, an application is to be filed through a Copyright Government portal. An application can either be filed by the Applicant himself or by the person authorised by him. In Application form the details should be filled properly and is to be filed by giving prescribed fees. After submitting the application number, a Diary number is generated.

Formality check fail- Formality check is done to ensure that the basic requirement of 2 copies of work, and the complete form XIV Power of Attorney are completed. If the application fails on formality check then letter is sent to the Address to service for asking to furnish the necessary requirement issued to the Applicant.

Waiting Period- If the application is passed from second stage without any objection then it will be kept open or will be kept open for receiving any kind of objection from the person who claims or has any interest in the subject matter of the Copyright for the period of 30 days. If no objection is raised between that period then the application will be processed further on the first come first basis.

Hearing- In case any objection is raised on the Copyright applied, then the notice is issued to both the Parties. After receiving the notice, then hearing will be scheduled by the Registrar. In hearing both the parties will be given chance to speak on their part, and then if application is accepted then the it will be processed further.

Registration Granted- Finally the application passed to the Registrar, if Registrar will be satisfied then the Copyright registration certificate will be granted and if not satisfied then the Application will be rejected.

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November 24, 2018

Relevancy and reliability for BIS Registration for consumer Electronics

Introduction

India is a growing country that is why demand of consumer electronic Goods is increasing day by day. That is why government has introduced Compulsory registration scheme for consumer electronics and for that Bureau of Indian Standards has been introduced and being implemented.

Types of BIS Certification Scheme

Normal procedure for Domestic Manufacturers- The applicant is required to submit the BIS Certification Application with required documents and requisite fees. After submitting the application preliminary factory evaluation is being done by BIS Officer. Then those samples are tested in the factory. And BIS Certification is provided when sample is accepted. In this process BIS Certification is being granted within 4 months from the date of filing of the Application.

Simplified procedure for domestic manufacturers- In this the applicant submits the test reports of the sample from the BIS approved lab along with application of BIS Certification. If test report is satisfactory then verification is being done by BIS officer, and BIS Certification is granted if the verification is satisfactory. i n this license is expected to be granted within 30 days.

Tatkal scheme- Those Manufacturers who want BIS Certification mandatorily as per government Notification then they can obtain BIS Certification through tatkal scheme. In this scheme the total time for processing is specified within 30 days, and this scheme is taken on the priority basis and is done as soon as possible as compared to the other.

Eco- mark scheme- In this scheme BIS License is granted for eco friendly products. And these products must qualify the Indian standards. However it is similar to domestic Manufacturers.

Foreign manufacturers Certification Scheme- In this foreign Manufacturers are granted this License for the use if ISI mark under separately designed scheme within 6 months period.

So in case you are looking for BIS Registration Consultant in India to get your ISI mark registered in India , contact BIATConsultant.com .