Friday, 31 July 2020

FSSAI Annual Return



FSSAI Annual Return - Form D1 & Form D2 FSSAI


Any kind of food business activity i.e. manufacturer, re-packer, retailer, wholesaler, importer or exporter can be started only after taking FSSAI registration/licence from the FSSAI department. 

Hence you can say, FSSAI registration is pre-requisite to start any kind of food business in India. 

Once registration/licence from under FSSAI Act, then Food Business Operator (FBO) also bound to follow other provisions, regulations & guidelines of the Act. 

Under FSSAI Licensing & Registration of Food business Regulations, 2011 to track the FBO activities during the year it is mandatory to file every licensee to file Annual return to FSSAI department.


What law says?


As per clause 2.1.13 of FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF FOOD BUSINESSES), REGULATIONS 2011 
  • Every licensee shall file annually return for preceding year.
  • Every licensee engaged in manufacturing of milk and/or milk products 
    shall file half yearly returns for the preceding half year.
  • Submit a return electronically or in physical form as may be prescribed
  • To the Licensing Authority 
  • in respect of each class of food products handled by him during the previous financial year.
Also Condition no 5 of Conditions of licence Food Business Operators (FBO) shall furnish annual return And FBO engaged in business of collection/ handling/manufacturing of Milk and Milk Products shall furnish half yearly return.

Hence by above laws, it is concluded that laws talk about Annual Return & half year return only. 

Time & form of return to be filed?


All Licensed Food Business Operators (FBO) involved in manufacturing/processing including Relabellers/Repackers and Importers are required to submit annual return of their food business in Form D-1 for every preceding year by 31st May. 

FBO involved in manufacturing/processing of Milk and Milk products are required to submit half yearly return in Form D-2 within one month of the end of the preceding half year i.e April to September and October to March.

Penalty for non filing?


As per clause 2.1.13 of FSS (LICENSING AND REGISTRATION OF FOOD BUSINESSES), REGULATIONS 2011, If any delay in filing return beyond the specified period above i.e. 31st May or One month (as the case may be) shall attract a penalty of Rs 100 per day of delay.

Extension due to COVID 19?


Due to COVID -19 pandemic difficulties were being faced by the FBO in submission of annual & half yearly returns during lockdown. 

Timeline for submission of annual return (Form D-1) for FY 2019-20 by FSSAI licensed food business involved in manufacturing/processing and importing of food products is extended till 31st December, 2020.

AND

Timeline for submission of half yearly return (Form D-2)  for October 2019 -March, 2020 And April 2020 to September 2020 by FSSAI licensed food business involved in manufacturing/processing and importing of food products is extended till 31st December, 2020.

FBO shall send their returns as per the form D1 or D2 through email/physical copies to concerned licensing authorities. The list of licensing authorities is available on the website of FSSAI. 





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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM


Friday, 24 July 2020

Partnership Deed Format



PARTNERSHIP DEED

 

This DEED OF PARTNERSHIP is executed on the [ Mention date of execution]  between: Mr. ................. S/o Shri ..................... aged about ...... Years, residing at [Mention address here] (hereinafter referred to as the FIRST PARTY)

                                                      A N D

Mr ................ S/o Shri ................. aged about ...... years, residing at [Mention address here]  (hereinafter referred to as the SECOND PARTY)

 

WHEREAS both the parties have decided to enter into a partnership for carrying on the business mentioned in the objects clause of this Deed of partnership:

WHEREAS the partners agree that this deed of partnership shall be deemed to have come into force on the day [Mention date here].

WHEREAS the partners have decided to reduce the terms and conditions of their partnership into writing as per the terms and conditions appearing hereinafter:

 NOW THIS DEED OF PARTNERSHIP WITNESSES AS FOLLOWS:

1. Commencement of partnership

The parties hereby agree that the partnership firm shall (be deemed to have or) come into force on the [Mention date here].

 2. Name and Style

The partnership shall carry on business in the name and style of "(Mention name of firm)". 

 3. Objects of the partnership

The partnership shall carry on the business of .....................[Mention list of products or services] or such other goods as may be agreed upon by the partners from time to time.

 4. Principal place of business

The partnership firm shall carry on its business from its principal place of business at [Address of the partnership firm] or at such other place/places as the partners may, from time to time, decide.

 5. Capital contribution

(i) The partners have agreed that each of them shall contribute a sum of Rs. [mention amount agreed to contribute by each partner] to the capital of the firm as their capital contribution.

 6. Loans by Partners

On amounts specifically brought in as loans to the firm by the partners, simple interest of [mention rate of interest] (per annum ) shall be payable.

 7. Remuneration of partners.

The partners will mutually decide, from time to time, the work to be undertaken by each of them, Remuneration payable to the partners for the work done by them shall be decided by the partners mutually from time to time.

 8. Accounts & Profit / Loss

(i) Proper books of account shall be maintained in the usual course of business and the same shall be closed once in a year to ascertain the net profit or loss of the firm for that year and they shall be kept at the place of business and either partner shall have access to all the books of accounts of the firm at all reasonable times and shall be at liberty to take copies of the same. The parties have agreed to share profits/ losses in the following proportion:

FIRST PARTY : [mentioned % of share]

SECOND PARTY : [mentioned % of share]

 9. Duration of partnership.

The partnership shall be one at will .

 10. Borrowing powers.

The firm may raise funds from any banks, financial institutions and other private parties for the purpose of the business of the firm and all the documents shall be signed by both the partners.

 11. Bank Accounts

(i) The firm may open one or more bank accounts and such accounts/s shall be operated by the both partners.

 12. Except to the extent mentioned herein above, the provisions of the Indian, Partnership Act, 1932 shall be applicable to the firm and the partners.

 13. No partner can sell or mortgage or transfer or assign his share or interest in the partnership property or business without the written consent of the other partner.

 IN WITNESS WHEREOF, the parties have set their hands this [Mention date here].

 

 

 First Party                                                                  Second Party

  

 Witnesses:

 1.

 

2.


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DISCLAIMER:- THE ARTICLE IS BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.


THE AUTHOR - CS. SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT AND CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM

Wednesday, 22 July 2020

MSME Classification





MSME CLASSIFICATION W.E.F. 01ST JULY 2020


Udyam Registration is prior requirement to be MSME

Ministry of Micro, Small and Medium Enterprises vide its notification dated 26th June 2020 has introduced "Udyam Registration". It covers classification of enterprises as micro, small and medium enterprises, specific form & procedure for filing memorandum. 

 

Udyam Registration will be effective from 01st July, 2020 & any person who intends to establish a micro, small or medium enterprises as per classification defined under this notification will be required to file online for Udyam Registration.

 

Some important points of Udyam Registration.

  1. Any person who intends to establish a micro, small or medium enterprise may file Udyam Registration online on the Udyam Registration portal.
  2. No documents, papers, certificate or proof required to upload.
  3. On successful registration enterprise will be "Udyam".
  4. All registered Udyam will be assigned a permanent identity number "Udyam Registration Number".
  5. "Udyam Registration Certificate" shall be issued on successful completion of the registration process.

 

Classification of MSME enterprises:

An enterprise shall be classified as micro, small or medium enterprise on the basis of following criteria:

 


Micro     

 

Where the investment in plant & machinery or equipment 

does not exceed ONE Crore rupees AND turnover doesn't 

exceed FIVE Crore rupees.

 Small      

 

Where the investment in plant & machinery or equipment 

does not exceed TEN Crore rupees AND turnover doesn't 

exceed FIFTY Crore rupees.

 Medium


Where the investment in plant & machinery  or equipment
does not exceed FIFTY Crore rupees AND turnover doesn't 
exceed TWO HUNDRED & FIFTY Crore rupees.


 

A composite criteria of investment and turnover shall apply for classification of an enterprise as micro, small or medium.

 

If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and be placed in the next higher category but shall not be placed in lower category unless it goes below the ceiling limits in both criteria.

 

All units registered under GST portal for same PAN shall be collectively treated as one enterprises and turnover and investment for all such entities shall be seen together and only the aggregate values will be considered for deciding the category.


Calculation of investment in plant and machinery or equipment: 

  1. Calculation of investment will be linked to the ITR of the previous years filed under Income Taxt Act, 1961.
  2. If new enterprise & no ITR filed till date then investment will be based on self declaration and such relaxation shall end after 31st March of F. Y. first ITR filed.
  3. The purchase value of plants & machinery shall be taken excluding GST.
  4. The cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the Act shall be excluded from the calculation of the amount of investment in plant and machinery.  

 

Calculation of turnover:

  1. Export of goods or services or both, shall be excluded for turnover calculation.
  2. Turnover shall be linked to the Income Tax or CGST and the GSTIN.
  3. If enterprise doesn't have PAN then turnover will be on self-declaration bass for period upto 31st March 2021, after that PAN & GSTIN shall be mandatory.

 

Process of Udyam Registration:

  1. First visit Udyam Registratin Portal.
  2. Aadhaar number shall be mandatory for Udyam Registration.
  3. Aadhaar for proprietor in case of proprietorship, for managing partner in case of partnership firm and for Karta in case of a HUF.
  4. If Company or LLP or other organisation then its authorised signatory shall provide its GSTIN and PAN along with his Aadhaar number.
  5. No enterprise shall file more than one Udyam Registration.
  6. Any number of activities can be added in one Udyam Registration.
  7. If wrong information or misrepresents provided in Udyam Registration shall be liable to such penalty as specified under section 27 of the Act.

 

Registration requirements for existing enterprises: 

  1. All existing enterprises registered till 30th June 2020 shall be required to register again on the Udyam Registration portal on or after the 01st day of July, 2020. 
  2. All enterprises registered till 30th June 2020 shall be re-classified in accordance with this notification.
  3. All existing enterprise registered prior to 30th June 2020 shall continue to be valid only for a period upto 31st day of March, 2021.

 

Update of information & filing of return: 

  1. Any enterprise registered under Udyam shall update its information online on the portal including the details of ITR and GST return for the previous F.Y. & other information as required.
  2. If enterprise not update relevant information online on Udyam Registration portal within time then its status will be suspended.
  3. On the basis of information furnished & from ITR or GST return, status of enterprise will be updated accordingly.
  4. If any change in status of an enterprise that will be communicated for the same.

 

Grievance Redressal and facilitation:

The Champion control room.

Office of the Ministry of MSME. 

District industries centers (DICs).

All will act as single window facilitation systems. 

 

Reference The gazette of India no CG-DL-E-26062020-220191.




                  
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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM


Saturday, 18 July 2020

PAN CARD ONLINE




FREE PAN CARD BY GOVT OF INDIA

As announced by the Finance Minister Mrs. Nirmala Sitaraman in budget announcement. Instant PAN (Real time Basis) allotment with Aadhaar card.

Also this is free of cost. No fee is payable for it.


This facility is made available to public at large in India from today onwards. Earlier it was under beta testing trial basis. After successful trial of it, it is now available to public. Its easy & paperless process. Issued within 10 minutes.

Approx 50.52 crore PAN cards issued in India till now & still more to be issued. After this easy process of PAN Allotment, more people will attract & get issued for themselves. 



Who can apply?

Any individual having valid Aadhaar card & Mobile No registered/Linked with Aadhaar card can apply. Hence must be Individual, Must have valid Aadhaar card & must have mobile no registered with Aadhaar card. All three conditions must be satisfied. If any condition is not fulfilled then he/she cant apply for the same.

How to apply?

Process to apply for PAN with Aadhaar card is so easy, you have to just follow these simple 5 steps to get it issued. 


The e-PAN is also sent to the applicant on his/her email id. if it is registered with Aadhaar.



The launch of the instant PAN facility is yet another step by the Income Tax department towards Digital India. It's so easy to get PAN for individuals. 

This initiative taken by income tax department will provide huge benefit to public at large, as approx all citizens in India have Aadhaar card now days. Also by this Income Tax department will attract more people to take PAN card & also increase the number of ITR filing as well.


DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM


Friday, 17 July 2020

Simplified Udyam Registration Process for MSME



SIMPLIFIED UDYAM REGISTRATION PROCESS FOR MSME


What is Udyam Registration?

Udyam registration is a new system introduced by the Ministry of Micro Small Medium Enterprises to assign status of micro, small or medium to enterprises in India. Government has various schemes & plans for development of MSME. Hence to implement these schemes & plans government need to verify the status of enterprises. 

Hence by introducing Udyam registration system, government can easily identify the updated status of enterprise. Whether fall under micro, small or medium category & accordingly provide the benefit to enterprise.

Hence we can say in simple words Udyam registration is a system developed by government to identify the updated status of each enterprise.

Why government introduced Udyam Registration?

Udyog Adhaar registration system was being used earlier to register for MSME, which generate registration on self declaration basis once, but after registration there was no change in status of enterprise also no system was available to track the latest status of enterprise. As no further information was available after registration.

Hence it was lacking in the following areas:-

  1. No updated information available.
  2. No status update functionality on the basis of current position of enterprise.
  3. Status allotted at the time of registration remains same even after increase in turnover & investment.
  4. No system to track the authenticity of turnover & investment by enterprise.

By introducing Udyam registration system, now :- 

  1. Status of enterprise will be updated automatically every year.
  2. Turnover & investment data will be fetched from income tax return & GST Return.
  3. Authenticity of investment & turnover checked automatically.
  4. Status of enterprise will be on the basis of authentic data. 

What are the documents Required for Udyam Registration?

Udyam registration is based only on adhaar number, totally paperless & online process. Hence no document is require to file on Udyam Registration portal. Only information relating to enterprise.

Points to be kept in mind while doing Udyam registration:

  1. No fee is payable for Udyam Registration.
  2. Permanent registration number will be allotted.
  3. PAN & GST linked detail of investment & turnover will be taken automatically from Government data.
  4. PAN & GST number is mandatory from 01st April 2021.
  5. Only one Udyam registration for one enterprise. Multiple Udyam registration not allowed.
  6. After completion of process an online "Udyam Registration Certificate" will be generated.
  7. No renewal is required for Udyam Registration.

 

 Online Udyam Registration process for new enterprise:


  1. Open website "www.udyamregistration.gov.in"
  2. Click on the "For New entrepreneurs who are not registered yet as MSME" option available at home page.
  3. Enter aadhaar number for Prop/Partner/Karta/authorized person.
  4. Enter name of entrepreneur (Name should be as per Aadhaar). 
  5. Click on Validate & Generate OTP.
  6. Enter OTP Code received on your linked mobile.
  7. Next step is to select type of organization from drop-down option (Prop/Partnership/HUF/Society etc)
  8. Then it will ask for PAN no, you have to confirm whether you have PAN, if you have then click on yes & enter PAN no and validate the same.
  9. Provide your mobile no & email id for communication in future.
  10. Also provide your social category, selection any one (General/SC/ST/OBC etc)
  11. Select your gender from available option (Male/Female/other)
  12. Then you will have to select whether physically challenged. (Yes or No)
  13. Under next column it will automatically fetch detail of your firm from GSTN portal based on the PAN no provided by you earlier. 
  14. Provide office address for communication.
  15. Status of your enterprise, whether business already commenced or not. If already commenced & GST registered then it will automatically fetch date of commencement from GST portal.
  16. Fill bank detail including Name, IFSC code & Account no.
  17. Then select Activity code by drop-down. Detailed list of activities code available at this link. (https://udyamregistration.gov.in/docs/nic_2008_17apr09.pdf)
  18. Provide detail of nos of person employed.
  19. Investment & turnover detail will be automatically fetched from GST & Income Tax database.
  20. Whether you wish to register for government emarket portal GEM, just select your choice.
  21. Whether you wish to register for TReDS, just select your choice.
  22. On the basis of office address provided by you, District Industry Center will be automatically fetched.
  23. Click on declaration & then submit & final OTP.
  24. Validate by OTP received, now your organization is registered as Udyam & a certificate of your Udyam Registration you will receive.

Online Udyam Registration process for already registered enterprise:


  1. Open website "www.udyamregistration.gov.in"
  2. Click on the "For those already having registration as EM-II or UAM" option available at home page.
  3. Enter udyog aadhaar number.  
  4. Click on OTP option from Mobile or Email id as filled in application.
  5. Enter OTP Code.
  6. A confirmation message will show "Thanks for verifying your details, Please revisit us after sometime to complete the process. Your details are being confirmed."
  7. Visit again after sometime & login again with Udyog aadhaar no & OTP.
  8. Follow same process as for new registration mentioned above.

How to print Udyam Registration Certificate?


  1. Enter your Udyam Registration Number.
  2. Choose any one option for OTP ( One Time Password ).
  3. After clicking on 'Validate & Generate OTP' button, you will receive OTP on Selected Option.
  4. Enter OTP and click on 'Validate OTP & Print' button. When your entred OTP matches succssfully, you will be auto redirect to Print Certificate.

 

FAQ FOR UDYAM REGISTRATION:

 1. Whether any fee payable for Udyam Registration?

There is no fee is being charges by Government for Udyam Registration.

2. Whether mandatory to have PAN & GST for Udyam Registration.

PAN & GST is mandatory after 01st April 2021 till then its not mandatory to have PAN & GST.

3. Whether mobile no should be linked with aadhaar?

As Udyam registration is issued only on the basis of Aaadhaar no & OTP is sent to verify the applicant. Hence if mobile no is not linked then it will not be possible to verify. Without OTP application will not be processed. Hence first link mobile with aadhaar from aadhaar center & then apply for Udyam Registration.

4. Whether Udyam Registration having any validity period?

Udyam Registration is not having any validity period, it is issued once for an enterprise.

5. Whether require any renewal of Udyam registration certificate?

Udyam registration issued is not require to get renewed again. Its issued once & there is no such condition for renewal. 

6. Whether any Government fee is payable for Udyam registration?

Government is not charging any fee for Udyam registration. Hence NIL fee is payable for Udyam registration.

7.Whether already registered enterprise under udyog aadhar require to re-register for Udyam registration?

All enterprise already registered under udyog aadhar or new enterprise to get status of micro, small or medium enterprise is mandatory require to get itself registered on Udyam portal. Hence Udyam Registration is mandatory for all existing already registered enterprises as well.


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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM