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IEC (Import Export Code) Registration
For ambitious business owners, domestic markets are
never limits. It is considered importantto expand limits of the business. But
expanding globally is not without a precise strategy to deal with all the
obstacles on way. These obstacles may be financial but also take form of legal
regulations. Thus one must be thoroughly aware of several procedures and laws that
export-import is subject to and obtain all the required license, IEC (Import
Export Code) license being one such mandatory license.
IEC (Import Export Code) is a
10-digit code having lifetime validity, issued by the DGFT (Director General of
Foreign Trade).
Only a legal entity with PAN card
can apply for the IEC
Registration.
What
are the Features of IEC?
1.
The
application process is from start to end on a digital platform.
2.
It
is an easy procedure and takes not more than 30 days to obtain after the due
filing of the application
3.
IEC
does not require any further steps to be taken once the allotment is complete.
No returns, maintenance fee or any compliance to be followed.
4.
It
requires no renewal and has a lifetime validity to be used for all export and
import transactions.
What is the Requirement
for Filing an IEC?
1.
One
time Client browser settings
2.
A
valid PAN
3.
Valid
Mobile Number and Email ID
4.
Scanned
copy of the documents to be uploaded
What are the Steps of Filing
the Application?
1.
The
prescribed format of application form is available on the website of DGFT (form
no. ANF 2A ). All the required details maybe filled.
2.
Respective
Regional Officer of DGFT has to be selected. The DGFT Regional Officer must
chosen carefully and appropriately.
3.
A
prescribed fee has to be paid online through any designated bank or the modes
that have been provided.
4.
The
required documents must be attached,which can only be in either GIF or PDF
formats as mentioned. The documents must be attached carefully as any discrepancy
may cause rejection of the application.
5. After reviewing the application for
correctness, take a print, sign and submit its scanned copy on the site.
6. The status of IEC can be tracked on
the official site.
What Documents are
Required for Registration?
In case of fresh e-IEC:
1.
Digital
Photograph of the Signatory Applicant (Proprietor, Managing Partner, Director
of the Company, Karta or the Chief Executive of Registered Society, as the case
may be)
2.
Copy
of PAN card
3.
Bank
Certificate/ Statement or cancelled cheque bearing the applicant entities name
4.
Proof
of registered address
In case of any modifications, some
other documents in addition to the above are required like partnership deed,
ROC etc as the case may be.
Original Source- http://swarit-advisors.blogspot.in/2018/05/iec-registration.htmlTrademark Registration Importance
WHAT IS INTELLECTUAL PROPERTY AND
INTELLECTUAL PROPERTY RIGHTS?
A child from creative mind is worth protecting. Laws have thus developed in field of protecting such works which are not tangible in nature. The assets which are not physical are as valuable as others. Hence, Intellectual property which include literally and artistic works, scientific and technical inventions, symbols and names used in commerce activities, geographical indicators, industrial designs etc. These intellectual properties can be protected from infringement and from usage without the consent/ or authority of the creator/owner. These rights not only protect the unauthorized usage but also provide benefits monitory and recognition to the creator; this encourages the creativity in the market in form of inventions, commercial activities, artistic build-up etc.
WHAT IS TRADEMARK?
As
per WIPO, ‘A trademark is a sign capable of
distinguishing the goods or services of one enterprise from those of other
enterprises.’A Trademark thus
acts as a brand to the public and has goodwill attached to it. It may include
any name, work, symbol, color, logo or any combination of these, intending to
distinguish the specific goods and services from the others. The source of
goods and service will be identified with the trademark.
WHAT IS THE STATUS OF TRADEMARK
LAWS IN INDIA?
Though
there were some laws regarding the trademark earlier in the country, in order
to conform to the TRIPS (Trade-Related Aspects
of Intellectual Property Rights), The Trade Marks Act, 1999 was introduced in India. Thereafter an
amendment was introduced in 2010. Apart from the legislation, Indian Courts
have been instrumental in drawing guidelines for protection of Rights in
respect of Trademarks. A trademark is registered for a period of ten
years, but may be renewed from time to time for a period of 10 years upon
application with prescribed fee.
WHAT IS THE TRADEMARK REGISTRATION
PROCESS IN INDIA?
Any person who claims to be the creator/owner of a trade mark
in use or proposed to be used by him,who desires of registering the same, shall
apply to the Registrar for the registration of his trade mark.
Trademark
registration is a long process. Following are the steps followed:
1.
Trademark Search
Upon deciding what the trademark shall be, thorough search is required to be made in respect of the availability of the trademark. An already registered or widely used and popular mark is one that must be avoided to not fall into any disputes at a later stage.
Upon deciding what the trademark shall be, thorough search is required to be made in respect of the availability of the trademark. An already registered or widely used and popular mark is one that must be avoided to not fall into any disputes at a later stage.
- Application
filing
Trademark registration can be filed with the Trademark Registrar in the prescribed manner and filed along with the fee with following information:
·
Proposed Logo or the Trademark
·
Name and address of the creator
·
Classification or Trademark
Class
·
If being used, then the date since
when
·
Description of the goods or services
The form
shall be submitted along with supporting
documents serving as proof of the stated information. Creator may sign a Power
of attorney in favor of the applicant.
- Upon due examination by the Registrar, for any conflicts or prohibitions, the trademark will be published in Indian Trademark Journal for inviting any objection or issues from any parties which are required to be raised within 90 days. If no objections are received within such time then the proposed trademark proceeds to acceptance.
Original Source- https://swaritadvisors.com/learning/trademark-registration-importance/
Impact of GST on Start-ups
India
is currently the 3rd largest startup superpower in the world and with projections of high
paced growth for them;there is only one way
ahead – UP.
There
is no denial that introduction of Goods and Service Tax was not in the ideal
course as intended and expected. Yet it is worthwhile to note that the
challenges rising are being responded to by the GST council in an efficient
manner in form of amendments, notifications and clarifications. In the ever
evolving economy, active steps according to the need of the hour are essential.
Every aspect and content of economy is to be researched for and the necessary
advancement may be made accordingly.
What is GST?
Goods and Services
Tax is an integrated, destination based indirect tax on consumption of goods
and services, levied at every stage, on the value added, right from manufacture
up to the final consumption, the burden of which will be on the final consumer.
A dual GST system has been introduced in India
from 1 July 2017. This shall facilitate the ease of doing business, better
compliances and a well structured tax regime. It does not differentiate between
goods and services and is expected to reduce tax evasions.
What
is Start-up?
A startup
company is a newly formed entrepreneurial unit keeping in mind the perceived
demand for a particular product or service which has not been addressed at
large and developing a viable business setup to earn profits from the gap.
What are the Positives of GST on Start-ups?
1.
Reducing the
complexities
a consolidated form of tax instead of variedtaxes at both central and state level shall definitely brings down the complexities involved in dealing with the tax structure.
An easier GST registration which will call for simple scaling shall bring down the costing of the start ups.
It shall not only bring in an ease of running and developing a startup but also to encouraging initiation of a new unit. Fewer tax computations happens to be a positive of GST.
In addition to that, all the procedures are online and frequent steps are being taken to ensure a straight forward and less time consuming mechanism to be in place.
a consolidated form of tax instead of variedtaxes at both central and state level shall definitely brings down the complexities involved in dealing with the tax structure.
An easier GST registration which will call for simple scaling shall bring down the costing of the start ups.
It shall not only bring in an ease of running and developing a startup but also to encouraging initiation of a new unit. Fewer tax computations happens to be a positive of GST.
In addition to that, all the procedures are online and frequent steps are being taken to ensure a straight forward and less time consuming mechanism to be in place.
2.
Reduction of Tax
Burden:
The threshold for GST registration is 20 lakhs annual turnover. This is likely to exempt many start ups from the registration, and the profits shall be positively affected.
The threshold for GST registration is 20 lakhs annual turnover. This is likely to exempt many start ups from the registration, and the profits shall be positively affected.
3.
Easier invoicing
and consolidated taxing is another benefit. The goods and services are all treated as one. The
multiple taxes to be dealt with have now come under an umbrella. This shall
bring an ease into the management and functioning of start ups.
4.
Logistic costs:The big companies
were able to keep in place a strategy to help them to avoid the inter-state
taxes, which were not only high but also unreasonable; which hampered the
budgets of the small businesses and start-ups. Introduction of GST has now
benefitted them to negate these logistic
costsand providing a smoother road.
The entry taxes and complex procedures while entering in other states, leading to delays, has always prevented the expansion to otherstates, which now will not be an obstruction.
The entry taxes and complex procedures while entering in other states, leading to delays, has always prevented the expansion to otherstates, which now will not be an obstruction.
5.
Compliances: Examining all
the aspects, it is clear that the compliances required under this scheme are
far less than earlier. Thus the time, cost and other resources dedicated to the
compliances shall decrease substantially.
What are Possible Negatives of the GST Regime on Start-ups?
Along with there being
positives, which shall benefit the business of start-ups in long run, there are
some concerns that are being faces today:
1. Being a fairly new regime, Goods and Services Tax has brought confusion
regarding GST registration procedures, exempted limits and various other
aspects. With regular changes and notifications being published, a little
disorganization for the time being is expected.
Most start ups are not equipped with enough tax and legal expertise. This may result more manpower and resources required to be dedicated.Though in long run, after the clouds of confusion have dispersed, there will be no looking back. But for the time being, the start-ups need to focus on both, development of their unit as well as the catching up with this latesttax regime.
Most start ups are not equipped with enough tax and legal expertise. This may result more manpower and resources required to be dedicated.Though in long run, after the clouds of confusion have dispersed, there will be no looking back. But for the time being, the start-ups need to focus on both, development of their unit as well as the catching up with this latesttax regime.
2. GST
has increased the tax burden for manufacturing startups.Under
the previous laws, only the manufacturing business with a turnover more than Rs
1.50 cr had to pay the excise, whereas now, the limit has been setto Rs 20 lakh,
which is drastically lower than earlier.
3. E-commerce
Ventures require to obtain GST registration mandatorily and no threshold has been
set for them. This is bound to hamper those start ups with financial constraint
in respect to investments.
4.
The provision of
Reverse Charge: Here, it isthe receiver who becomes liable to pay the tax,
i.e., reversal of the chargeability. If
a vendor do not have GST registration, supplies goods to a person who is
registered, then Reverse Charge shall apply i.e. the receiver shall GST not to
the supplier, but directly to the Government. The registered dealer paying GST
under the reverse charge has to do self-invoicing for the purchases
made.For Inter-state purchases, the buyer will require to pay IGST and CGST and
SGST has to be paid for Intra-state purchase.
Also, for an e-commerce operator who is supplying services, reverse charge mechanism shall apply and he shall be liable to pay GST. The Central Board of Indirect taxes and Customs has issued a list of goods and services where this mechanism shall apply.
Also, for an e-commerce operator who is supplying services, reverse charge mechanism shall apply and he shall be liable to pay GST. The Central Board of Indirect taxes and Customs has issued a list of goods and services where this mechanism shall apply.
Despite the current jumble, it is projected that the procedures shall be made more clear and easier with time and each member of the economy shall be benefitted by the Goods & Service Tax regime
Original Source: https://swaritadvisors.com/learning/impact-of-gst-on-start-ups/




