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  • Why do I Need A Bank Certificate To Get An IEC Code?

    Why do I Need A Bank Certificate To Get An IEC Code?

    Why do I Need A Bank Certificate To Get An IEC Code?

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    In an increasingly competitive market, a business dealer must expand his market presence to maintain his position in the market. Thus, sustainable growth can be achieved if the market starts to operate at the international level, which is subject to the Import and Export Code (IEC) registration. Therefore, businesses wishing to initiate import/export activities must obtain this unique 10-digit code from an approved body. The Directorate General of Foreign Trade under the Ministry of Commerce of the Government of India is authorized to issue IEC codes to applicants. This article will focus on why you need a bank certificate to get an IEC code.

    What are the IEC requirements for business?

    The main reasons companies need IEC are:

    Import and Export

    The main motive for obtaining the IEC license is to start with the import and export of goods and services. Importers or exporters must obtain an IEC number before trading goods and services worldwide. Therefore, an IEC license is required for import and export.

    Shipment Clearance

    It is important to submit the IEC for shipping clearance. Therefore, an IEC certificate is required to go through the shipping process, which is the final step in exporting goods.

    Custom Clearance

    The Customs Service is the only agency responsible for customs clearance. Customs clearance is the process of verifying the authenticity of imported goods that require an IEC certificate. Therefore, importers are required to provide an IEC when importing goods for successful customs clearance

    Payments in Respect of Import and Export

    Both importers and exporters are required to provide IEC certificates when making and receiving payments

    What is the process to get IEC registration?

    The following is the procedure for applying for an import-export code:

    • Create application form No. Aayaat Niryaat. 2A format.
    •  Apply with the concerned Regional Office of the Director-General of Foreign Trade. 
    • Collect your documents, such as proof of address, ID proof, etc. as well as bank details and certificates related to Aayaat Niryaat form 2A
    • After completing the application, attach the instrument and submit the form to the Director-General of Foreign Trade with a digital signature certificate.
    • Pay the fees applicable to the registration of import and export codes.
    • The government will send the import-export code as an electronic copy once your application is approved

    What are the documents required for IEC Registration?

    Applicants must upload copies of all scanned documents to be submitted. The file types accepted by the DGFT portal are GIF and PDF; other types of files cannot be uploaded. The following documents are mandatory for the IEC code registration process:

    The following documents are mandatory for the IEC code registration process:

    The following documents are required to register the IEC code:

    • Bank Certificate from the bank
    • A copy of a PAN card of an individual, business, or firm.
    • A copy of your personal voter ID or Aadhar card or passport.
    • Individuals or companies or firms cancel cheque copies of current bank accounts. 
    • Building leases or copies of electricity bills of the premises.
    • A self-addressed envelope for sending IEC certificates by registered mail
    • Photographs, Passports, and PAN Cards may be uploaded as GIFs while the MoUs, sale deeds, Bank certificates, and registration certificates must necessarily be in PDF format. You can also upload Aadhaar cards, canceled checks, driving licenses and voter IDs in GIF or PDF format

    Why do I need a bank certificate to get an IEC code?

    This is required as per FEMA regulations. IEC makes it easy to do foreign remittances. Which requires a working current account.

    This bank certificate proves that you are capable of doing foreign remittances.

    For exporters, a bank account is required to get foreign funds and drawbacks from the government.

    In both cases, if you are getting IEC without any bank account. You might receive or send funds not following the FEMA rules. So, the bank account is the basic step to prevent foreign exchange fraud.

     

    What are the requirements for a bank certificate to receive an IEC code?

    When applying for  IEC code registration to issue or change an IEC number,  the applicant must provide a bank certificate and supporting documents. Applicants must obtain a duly signed and sealed bank certificate from the banker. The purpose of these bank statements is to automatically provide important information about the applicant and bank details

    The bank certificate format for obtaining an IEC certificate to be issued by DGFT can be found on the DGFT  official website. Directorate General of Foreign Trade is an attached office of the Ministry of Commerce and Industry under the Government of India. DGFT headquartered is in Delhi and is responsible for regulating and facilitating India’s foreign trade. IEC bank certificate format (must be issued on official bank letterhead)

    Format of Bank Certificate for Issuance of IEC

    (To be issued on the Bank’s official letterhead)

    Ref No. ………………………

    To

    ……………………………………

    ……………………………………

    ……………………………………

    (Name and address of the issuing authority)

    Sir/ Madam

    …………………………………………………………….. (Name of the bank or the branch) certify that M/s………………………………………………. (Account holder’s name and address) is/are maintaining a savings bank or current account (thick check if applicable) No. …………………… with us, and since ……………

    Affix the applicant’s Photograph (passport size)

    Note: The photograph as attested and affixed must be that of the account holder.

    (Signature of the authority issuing)

    (Above the rank of Manager)

    Name…………………….

    Designation ………

    IFS Code of the bank issuing:

    Date: ……………….

    Place: ……………….

    (Banks’ Stamp)

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  • What Does The Import-Export Code Mean?

    What Does The Import-Export Code Mean?

    What Does The Import-Export Code Mean? Code Mean?

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    Import Export Code (additionally referred to as IEC code) is a 10-digit identity number this is issued through the DGFT (Director General of Foreign Trade), Department of Commerce, Government of India. Companies and agencies ought to gain this code to begin an enterprise that offers import and export in the Territory of India. An Importer Exporter Code (IEC) is a key enterprise identification number that is obligatory for export from India or Import to India. No export or import will be made through any character without acquiring an IEC until mainly exempted. 

    Situations Where IEC is Required

    • When an importer has to clean his shipments from the customs then it`s wished through the customs authorities.                                                                                       
    • When an importer sends money abroad through banks then it’s needed by the bank.
    • When an exporter needs to ship their shipments, the customs port needs them.             
    • When an exporter receives money in foreign currency directly into their bank account, the bank requests it.

    Steps Involved in IEC (Import/Export Code) Registration

    The following is the procedure for applying for an import-export code:

    • Create application form No. Aayaat Niryaat. 2A format.
    •  Apply with the concerned Regional Office of the Director-General of Foreign Trade. 
    • Collect your documents, such as proof of address, ID proof, etc. as well as bank details and certificates related to Aayaat Niryaat form 2A
    • After completing the application, attach the instrument and submit the form to the Director-General of Foreign Trade with a digital signature certificate.
    • Pay the fees applicable to the registration of import and export codes.
    • The government will send the import-export code as an electronic copy once your application is approved.

    Documents required for IEC Registration (Import Export Code)

    The following documents are required to register the IEC code:

    • A copy of a PAN card of an individual, business, or firm.
    • A copy of your personal voter ID or Aadhar card or passport.
    • Individuals or companies or firms cancel cheque copies of current bank accounts. 
    • Building leases or copies of electricity bills of the premises.
    • A self-addressed envelope for sending IEC certificates by registered mail.

    Benefits of IEC Registration

    -Business Expansion

    IEC provides services or products to the global market and supports you to grow your business.

    -Claim Multiple Benefits

    IEC registration allows companies to claim multiple benefits of imports and exports from DGFT, the Export Promotion Council, Customs, and more. Based on registration.

    -No Return Filing

    The IEC does not require the submission of any returns. Once granted, there is no need to follow any kind of process to maintain its effectiveness. In addition, there is no obligation to report export transactions to DGFT.

    -Easy Processing

    Obtaining an IEC code from DGFT within 10 to 15 days of application is very easy. You do not need to submit proof of export or import to obtain an IEC code.

    -No Need For renewal / No update required

    The IEC code is valid for the life of the entity and does not need to be renewed. Once received, the company can use it for all import/export transactions.

    Cases Where Import-Export Code (IEC) is Not Mandatory               

    According to the latest government notice, IEC is not mandatory for

    All traders registered with the GST. In all of these cases, the dealer’s PAN will be applied as a new IEC code for imports and exports. An Import/Export Code (IEC) is not required if the goods being imported/exported are for personal use and are not used for commercial purposes. Imports and exports are carried out by the ministries and agencies of the Government of India. The notified non-profit does not need to request an import/export code.

    Is IEC mandatory?

    Yes. An Importer-Exporter Code (IEC) is an important company identification number required for importing into or exporting from India. Individuals/organizations may not export or import without obtaining an IEC unless specifically exempt from tax. However, IEC is not required to export services unless the service provider claims profits under foreign trade policies.

    What time to get the IEC code?

    An IEC will be automatically generated when your online application is submitted with the relevant fees and required documentation. DGFT will send the applicant a notification of the IEC assignment via SMS and email, along with a hyperlink to download and print the e-IEC.

    Can individuals obtain IEC?

    Yes, sole proprietors can obtain IEC registration. Individuals can apply for IEC registration using either the company name or the individual’s name.

    Do you need a Digital Signature Certificate (DSC) to apply for IEC?

    A digital signature certificate (DSC) is not required when applying for an IEC. IEC applications can be signed with Aadhaar certification. DSC was introduced in the IEC to enhance the IEC issuance and modification process.

    Do you need to update your IEC profile every year?

    Yes. The IEC profile should be updated annually. If the IEC profile has not been updated, it will be deactivated. The deactivated IEC can be reactivated after a successful update. However, resumption is subject to the condition that no other measures shall be taken in order to violate the provisions of foreign trade policy.

    How do you print your IEC certificate?

     The IEC certificate can be printed as follows:

    • Access the DGFT website
    • On the home page, click the [Services] tab.
    • Select the IEC Profile Management option from the drop-down list.
    • A new page will open. Click the Print IEC option on the page.
    • Check the entry and click the [Print IEC] button.

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  • What Is Legal Heir Certificate?

    What Is Legal Heir Certificate?

    What Is Legal Heir Certificate?

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    In case the legal head of a family passes away, his legal heirs need to first report this event to the authorities concerned and obtain a death certificate immediately. Since all the rights and liabilities of the deceased will now be transferred and distributed among the deceased’s legal heirs, the latter also will need to apply for a legal heir certificate, also referred to as a ‘survivor certificate’, to initiate the inheritance proceedings.

    A legal heir certificate may be a document that has legal enforceability and states the connection between the deceased and his legal heirs. This “post-demise” document, which lists the names of all the deceased’s legal heirs, is important so that surviving members can claim their rights in the deceased relative’s estate for their life.

    Understandably, an excellent deal of diligence and inquiry are employed on the part of the authorities, before issuing a legal heir certificate.

    Who Are Legal Heirs?

    According to succession laws, when an individual dies without leaving any legal clarification or a will behind, an individual who inherits all the materialistic properties and responsibilities, and even debts that accompany land, are termed an heir.

    In India, legal heirs are often classified into two categories – Class I and another II.

    Class I heirs in equal share for a Hindu man consistent with Hindu Succession Law –

    • His wife

    • His children

    • His mother

     In the non-appearance of class I heirs, Class II heirs can claim the property.

    Class II heirs for a Hindu man consistent with Hindu Succession Law –

    • His father

    • His grandchildren

    • His great-grandchildren

    • His siblings

    • Other relatives

    Legal heir certificate use

    There are various purposes the legal heirs of a deceased will need to produce a legal heir certificate:

    1. To transfer movable and immovable properties and assets of the deceased.

    2. Lay claim benefits of insurance policies of the deceased.

    3. To transfer utilities within the name of the survivors.

    4. To receive salary arrears of the deceased.

    5. Lay claim employment benefits, if the deceased was still underemployed.

    6. Lay claim the deceased’s provident fund and gratuity.

    7. For transfer of deposits, balances, investments, shares, etc., of the deceased.

    8. To file tax returns on behalf of the deceased.

    Who can apply for a legal heir certificate?

    Legally recognize heirs of the deceased can apply for a legal heir certificate. it includes:

    -The children of the deceased (son and daughter).

    -The spouse of the deceased.

    -The parents of the deceased.

    -The siblings of the deceased (brothers and sisters).

    Documents needed for legal heir certificate

    While anybody legal heir can apply for the legal heir certificate or survivor certificate, he has got to include the names of all the surviving members or legal heirs, while making the appliance. The applicant will need to submit the subsequent documents to the authority concerned, to urge a legal heir certificate:

    • Duly filled and signed form.

    • Proof of birth dates of all legal heirs.

    • List of surviving members if they’re quite four in number.

    • Photographs of all applicants.

    • Self-undertaking affidavit/ self-declaration form.

    • Death certificate of the deceased.

    • Address proof of the deceased.

    What documents are often submitted as ID proof?

    Aadhaar card, PAN card, Ration Card with photo, Voter ID card, passport, and driving license are often submitted as ID proof.

    What documents are often submitted as address proof?

    Aadhaar card, passport, bank passbook, telephone bill (landline or post-paid), Voter ID card, Ration Card, electricity bill, gas bill, driving license, registered rent agreement, and water bill can be submitted as the address proof.

    What documents are often submitted as of date of birth proof?

    School leaving certificate / secondary school-leaving certificate/ certificate of recognized boards from the school last attended by the applicant or any other recognized educational institution, passport, and PAN card, can be submitted as proof of date of birth.

    the way to get a legal heir certificate?

    Step 1: Approach the municipal/ taluk/tehsil office

    As mentioned earlier, one of the surviving members of the family can start the procedure to urge the legal heir certificate on behalf of all the surviving members. Since this procedure has got to be administered face to face in most states, the legal heir will need to approach the municipal corporation office (in urban areas) or the tehsil office (in rural areas), to urge the legal heir certificate.

    Step 2: confirm all the documents are in situ and therefore the application is carefully filled and the supporting documents are attached

    Before you approach the authorities, you’ve got to form an application in a standard format and fill all the small print carefully in your application. Information that you simply will need to provide within the legal heir certificate application includes the names of all the legal heirs, their address, and their respective relationship with the deceased. Keep copies of all the documents mentioned within the list above ready. of these documents must be self-attested by the legal heir to whom they belong.

    Step 3: Submit the legal heir certificate application

    You also need to keep handy all the first documents. As mentioned earlier, you furthermore may need to submit an affidavit or self-declaration alongside the appliance.

    Step 4: Document verification

    Once you submit your application and therefore the officials – revenue inspector/administrative officer – are through with the ground-level verification and scrutiny of the documents on their part, you’ll be issued a legal heir certificate, which you’ll need to collect from the office

    Legal heir certificate fee

    The applicant must pay a nominal fee to obtain the legal heir certificate. In Madhya Pradesh, for example, the applicant has to affix a court stamp of Rs. 2 with the application form.

    Time to get a legal heir certificate?

    It takes approximately 30 days for the legal heirs to obtain a legal heir certificate.

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  • What Is The Process Of Trademark Renewal?

    What Is The Process Of Trademark Renewal?

    What Is The Process Of
    Trademark Renewal?

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    Trademarks are marks that are graphically addressed which assist individuals with distinguishing the organization or individual who created the labor and products. These imprints can be enlisted under the Trademark Act, 1999 with the Trademark library workplaces.

    The holder of a Trademark is at the freedom to restore the brand trademark endlessly at regular intervals. The Registrar gives a window of a half year before the finish of a decade to the holder of the brand name to reestablish their brand name and keep partaking in the freedoms granted. On account of an individual neglecting to restore a brand name, the recorder will give a notice in the Trademark Journal showing the evacuation of the brand name.

    After the time of the decade on the off chance that the trademark isn’t renewed the individual actually has the choice of reclamation, and that implies restoration itself however with a fine.

    Need Of Trademark Renewal

    There are many benefits to reestablishing a trademark. Enlistment of the trademark grants the holder of the trademark many privileges that are safeguarded by regulation. It forestalls the encroachment of the trademark and furthermore accommodates compensation if there should arise an occurrence of such encroachments.

    It similarly allows the holder the choice to move the trademark to another person or association at their will. Permitting of trademarks is just conceivable assuming that the holder of the trademark has enrolled the trademark, hence an enlisted trademark holds huge money-related esteem.

    Documents Required For Trademark Renewal

    A duplicate of the registration certificate

    Duplicate of structure TM-A (structure utilized for the first application for enlisting the trademark)

    ID and address confirmation of the candidate

    Overarching legal authority assuming the candidate is an approved delegate or a specialist

    Process Of Trademark Renewal

    An enrolled trademark is just legitimate for 10 years, after which it should be re-established. The recorder of trademarks will send you a letter of token of the expiry of the brand name a half year preceding its expiry When it comes to restoring a trademark, you have two options:

    Reestablish the trademark for all intents and purposes

    Reestablish the trademark with changes and adjustments

    The application for the re-establishment of a trademark is the structure TM-R.

    The application shouldn’t be recorded by the enrolled proprietor of the trademark, it tends to be finished by an approved delegate or a specialist.

    Subsequent to documenting the application one needs to follow the situation with the application in the event that any resistance is recorded to the enrollment of the brand name. Such opposition can be recorded by any person or individuals overall.

    Whenever the application is supported, the trademark will be distributed in the authority paper the Trademark Journal. On the off chance that the brand name has been distributed, the proprietor of the brand name has assurance for an additional decade.

    The brand name can be endlessly reestablished. The cost for the restoration of a trademark relies on whether it has been one in-person genuinely or it has been done on the web.

    Assuming that done genuinely the petitioning for the reestablishment costs 10,000 rupees.

    Whenever done online by means of e-documenting it costs 9,000 rupees.

    Trademark Restoration

    It is possible that a person will neglect to update their trademark within the specified time frame. In such circumstances, don’t worry; there is still an option. If a trademark is not renewed, it can be attempted to be restored. Reinstatement of a trademark is permitted under Section 25 (4) of the Trademark Act of 1999, which allows individuals to apply for trademark restoration.

    It is only possible to reinstate a registered trademark one year after it has expired. The expense of reestablishing a brand name is notwithstanding the recharging charge: If done in person, the cost is 10,000 rupees; if done online, the cost is an extra 9000 rupees.

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  • What Is Section 44ADA Of The Income Tax Act – Presumptive Taxation Scheme

    What Is Section 44ADA Of The Income Tax Act – Presumptive Taxation Scheme

    What Is Section 44ADA Of The Income Tax Act – Presumptive Taxation Scheme

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    Section 44ADA of the Income Tax Act benefits self-employed professionals whose annual income (total gross receipts) is less than Rs.50 lakhs. Engineers, lawyers, doctors, architects, accountants, interior designers, and technical consultants are all examples of occupations where such a person could work. Now you’re curious about the advantages.

    What Makes Section 44ADA Of The Income Tax Act Unique? Let’s Have A Look.

    Small taxpayers, on the other hand, are exempt from keeping account books under Section 44ADA and can calculate profits as a proportion of total sales for the fiscal year. The Act’s main goals are as follows:

    • Simplifying the tax system for self-employed individuals. 
    • Making it easier for self-employed professionals to comply with tax laws.
    • Making the business process easier.
    • Establishing parity between individuals who are covered by Section 44ADA and those who are not.

    According to the Income Tax Act, the presumptive taxation plan is used to alleviate a person who is involved in a  business or profession from the tiresome task of keeping a regular book of accounts and the responsibility of auditing accounts. It does, in fact, allow you to calculate your taxes based on a projected income or profit.

    Who Are The People, Covered By Section 44ADA?

    •  Resident Individual
    •  Resident Hindu Undivided Family (HUF)

    Is There A List Of Professionals Who Are Covered By Section 44ADA? 

    Section 44AA(1) lists the following professions as being eligible:

    • Accountancy
    • Decoration of the interior
    • Consultant on technical issues
    • Engineering
    • Legal
    • Medical
    • Architecture
    • Any other professionals that the Central Board of Direct Tax has informed (CBDT). 

    The Extract of Section 44ADA of the Income Tax Act

    Special provision for computing earnings and gains of profession on a presumptive basis, as found in Section 44ADA of the Income Tax Act.

    44ADA

    (1) Notwithstanding anything in sections 28 to 43C, in the case of an assessee who is a resident of India and who is engaged in a profession referred to in sub-section (1) of section 44AA and whose total gross receipts do not exceed fifty lakh rupees in the previous year, a sum equal to fifty percent of the assessee’s total gross receipts in the previous year on account of such profession or, as the case may be, a sum higher than the afore. 

    (2) For subsection (1), any deduction authorized under sections 30 to 38 is presumed to have been fully implemented, and no additional deduction under those sections is permitted.

    (3) For each of the relevant assessment years, the written down value of any asset used for profession is presumed to have been computed as if the assessee had claimed and been awarded the depreciation deduction.

    (4) Notwithstanding anything in the preceding provisions of this section, an assessee who claims that his profits and gains from the profession are less than those specified in sub-section (1) and whose total income exceeds the maximum amount not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under subsection (1) of section 44AA, have they audited.

    How Do You Figure Out Your Taxable Income If You’re Using The 44ADA Presumptive Taxation Scheme?

    If a professional opts for presumptive taxation under section 44ADA, his or her income is determined on a presumptive basis at 50% of the profession’s gross receipts rather than on a regular basis.

    The person who chooses to tax under this provision can also disclose income that exceeds 50% of total gross revenues. Also, after declaring income at 50%, a person who uses the presumptive taxation scheme is not able to claim any additional deductions.

    A professional, on the other hand, can claim deductions under several parts of Chapter VI-A. Though depreciation is not allowed as a distinct deduction when calculating income under section 44ADA, the write-down value (WDV) of any asset used in the business must be computed each financial year.

    The written down value is the asset’s worth that includes the filing tax in the event that the assessee sells the asset late.

    Payment Of Advance Tax For Specified Professions Under Section 44ADA:

    If a person from a specific profession listed under section 44AA(1) opts for a presumptive taxation scheme under section 44ADA, he or she is required to pay the full amount of advance tax on or before March 15 of the PY.

    If he or she fails to pay interest as required by sections 234B and 234C, he or she will be prosecuted.

    Maintenance Of Books Of Accounts As Per Section 44ADA:

    Section 44AA of the Income Tax Act deals with the maintaining of books of accounts by a person engaged in business or profession.

    If a person chooses the presumptive taxation scheme under Section 44ADA and declares income at 50% of gross receipt, he is exempt from keeping books of account for a specified provision under Section 44AA.

     As a result, they are exempt from having their finances audited under Section 44AB.

    Accounts Must Be Audited And Books Must Be Kept Up To Date Under The Following Conditions:

    If a person fits the following criteria, he or she is required to keep books of accounts and have them audited under Section 44AB.

    • Under Section 44ADA, declaring income from a profession at less than 50%. 
    • The assessee’s total income exceeds the exemption ceiling set by the CBDT.

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  • How To Convert Partnership Into LLP?

    How To Convert Partnership Into LLP?

    How To Convert Partnership Into LLP?

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    Convert Partnership Into LLP: A Limited Liability Partnership (LLP) can encourage be a way better business than an everyday partnership. Partnerships are littered with personal liabilities, and LLPs remove excessive regulations of the Indian Partnership Act, 1932. Benefits of LLP- there are tax benefits, no audit requirements below a particular capital, no cap with relevance a no. of partners.

    Benefits of an LLP 

    Separate Legal Entity: 

    A liability Partnership[LLP] IS a separate legal entity from its partners. partners can sue one another just in case a situation arises. A term of dissolution needs to be mutually arranged by the firm, dissolve. 

    Flexible Agreement:

    Transferring the ownership of LLP could be a very simple process. an individual is often quickly and simply inducted in as a delegated partner, and also the ownership will switch to them.

    Suitable For Tiny Businesses:

    LLPs with a capital of but twenty-five lakhs and turnover but 40 lakhs per annum, don’t require any formal audits. for tiny businesses and startups registering as LLP is useful. 

    • An LLP can own or acquire any movable and immovable property because it’s recognized as a juristic person. Partners of an LLP cannot claim the property.

    Separate Legal Entity:

    • Starting or beginning a business requires specific requirements to be eligible for registering as an LLP. 
    • The normal partnership structure of an LLP shares identical attributes when it involves internal management, profit distribution, and tax liabilities. But, it offers the partners indebtedness.
    • At least two partners are required to create a liability Partnership [LLP]. there is no limit to the no. of partners in LLP.
    • No shared capital is required or required, though each partner must have an agreed contribution towards it. 
    • Minimum capital contribution: The LLP should have a certified capital of a minimum of Rs. 1 lakh. there’s no minimum capital requirement for an LLP (or an organization, for that matter). 
    • A minimum of one designated partner should be an Indian resident. 
    • DPIN for all Partners of LLP. 
    • Address proof for the office of LLP. The registered office of an LLP doesn’t need to be an advert space. Even a rented home is the registered office, farewell as a NOC is obtained from the owner.
    • The LLPs also will be permitted to choose downstream investment in an exceedingly different company or choose LLP in those sectors which permit 100% FDI in accordance with the automated route.

    Steps To Register LLP In India

       

        •  Arrange basic documents of Partners.

        •  Fill in a web form with accurate information.

        •  Apply for Digital Signature and DIN of Partners.

        •  Prepare all legal documents.

        •  Apply to call availability of the proposed LLP.

        •  File Incorporation Docs with ROC. 

        • Get LLP Incorporation Certificate Drafting of LLP Agreement.

        •  Filing of LLP Agreement.

      Step 1: Obtaining DSC And DIN [Direct Identification Number] 

      The first step is to get the [DSC] Digital Signature Certificate of the required partners of the indebtedness Partnership. the rationale for this is often that each one of the forms must be submitted online and need the directors’ digital signatures. The law also requires that every director file for a DIN Direct number. the appliance needs to be made in Form DIR- 3.

      Step 2: Application For Name Approval.

      This process involves registering the LLP. Before doing this, you would like to determine if the name is already taken or not. The registrar only approves names of LLP that don’t seem to be taken before. The acceptance of the name of LLP is made by the Registrar providing the Central Government doesn’t deem it undesirable. The name should also not hold any resemblance to any of the prevailing partnership firms, LLPs, body corporates, trademarks. 

      Step 3: LLP Agreement.

      LLP agreement is extremely crucial in a very indebted partnership because it determines the mutual rights and duties between the partners, and between the LLP and therefore the  partners. The partners enter into the LLP agreement upon the LLP registration by filing form three online on the MCA portal. This procedure has got to be done within thirty days of the date of incorporation. 

      Step 4: LLP Incorporation Certificate.

      Memorandum  Association [MOA] and AOA, you’re steps closer to getting your LLP registered. the subsequent step is to induce the LLP Incorporation Certificate. you’ll be able to be intimate by submitting all the documents to the registrar. The time is between 2- 12 days. you’re able to go when Once you get your LLP Incorporation Certificate.

      Step 5: Apply For PAN & TAN.

      As soon as you get the incorporation certificate, you have got to use it for your company PAN &TAN with the NSDL. it takes around three weeks to urge done. the value for the procedure is a less than Rs.200.

      Documents Required For LLP Registration In India. 

      • To Be Submitted By Partners.
      • Scanned copy of Aadhar Card/ Voter’s ID/Passport/Driving License. 
      • Scanned copy of latest bank statement/telephone bill or electricity bill.
      • Scanned passport-sized photograph.
      • Note: anybody of the partners must self-attest the primary 3 documents. For Registered Office Scanned copy of the newest bank statement/mobile bill. Scanned copy of No-objection certificate from the landholder.

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    • MSME Registration

      MSME Registration

      MSME Registration

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      AEPC requests for an extra hike in outstanding dues limits for ECLGS. The Apparel Export Promotion Council (AEPC) has urged the govt. to ease ECLGS norms. AEPC chairman A. Sakthivel has asked the govt to extend the limit of outstanding dues for eligible MSMEs under the Emergency Credit Line Guarantee Scheme (ECLGS) to Rs 100 crore. He said such a move would extend resource to the export sector, which has been badly plagued by the COVID-19 pandemic

      Micro, Small, and Medium Enterprises is the full form of MSME. MSME is critical to the economy of our country. The Micro, Small and Medium Enterprises Development (MSMED) Act of 2006 established the MSME provisions.

      MSME Registration

      Manufacturing Sector: 

      Any company engaging in manufacturing or production of products as specified under the primary Schedule to the Industries (Development and Regulation) Act, 1951 or installing machinery within the process valuable addition to the ultimate product having a definite name or character or use.

      Service Sector: 

      Any enterprise engaging in providing service.

      Each enterprise has different investment limits.

      Manufacturing Sector

      Micro: 

      but or capable 25 lakh rupees (INR)

      Small:

      quite 25 lakh, but but or up to 5 Crore (INR)

      Medium: 

      over 5 Crore, but doesn’t exceed 10 Crore Rupees (INR)

      Service Sector

      Micro: 

      but or adequate 10 lakh rupees (INR)

      Small:

      over 10 lakh, but but or adequate to 2 Crore (INR)

      Medium:

      quite 2 Crore, but doesn’t exceed 5 Crore Rupees (INR)

      If you’re getting to start your own business and therefore the register has an MSME, do read further to grasp more about the registration procedure.

      Documents Required for MSME Registration

      An enterprise must submit the subsequent documents for registration

         

          • Sale Bill Copy

          • Purchase Bill Copy

          • Partnership Deed / MoA and AoA

          • Address Proof of Business

          • Copies of Business Licenses and get Bill of Machinery

        How to Register MSME registration?

        Step 1:

        Visit the government website

        Step 2:

        • Enter the 12-digit Aadhaar Number and Name of the entrepreneur as given within the Aadhaar card.
        • IIf the applicant’s name does not match, he or she will be unable to continue. at that time click on the “Validate & Generate OTP” button.
        • The OTP are going to be sent to your UIDAI registered mobile number.
        • Or click on the “Reset” button to clear both the fields and re-enter the proper details.

        Step 3:

        You would want to submit your “Social Category” – (General, SC/ST, OBC) after successful validation.

        1. Gender – Fill the gender status
        2. Status – The entrepreneur applicant must select the physically handicapped status.
        3. Name of the Business: The entrepreneur should enter the name of the corporate. An entrepreneur can have quite one company. each of the entities has got to be registered separately under the identical Aadhaar Number.
        4. Type of organization: From the given list, the applicant must select the organization kind of his business.
        5. PAN Number: The applicant should enter PAN if his business falls under a particular category:

           

            • Cooperative

            • Private Ld.

            • Public Ltd.

            • Limited liability Partnership (LLP)

          This section is optional for other kinds of business entities.

          1. Location of Plant: He/she must enter the situation details of all the plants.
          2. Business Postal Address: The applicant should fill the entire address of the business entity- District, State, Pin code, mobile number, and Email ID.
          3. Business Commencement: Date of Commencement of Business should be entered within the appropriate fields.
          4. Details of Previous Registration: Details of valid EM-I/EM-II as per the MSMED Act, 2006 should be furnished within the appropriate field.
          5. Bank Details: The applicant must give the business account’s banking information.

             

              • Account Number

              • Bank

              • IFSC Code

            1. Major Activity: Here the applicant must choose the main activity – Manufacturing or Service, his/her business is engaged from Udyog Aadhaar. Even the entity involved in both manufacturing and repair, the applicant has got to choose the most important enterprise type.
            2. National Industry Classification (NIC) Code: The Central Statistical Organisation (CSO), which is part of the Ministry of Statistics and Program Implementation, compiles the list of NIC codes.

            The applicant can choose multiple codes of the Manufacturing and repair sectors.

            1. Of Employee: The applicant has got to mention the amount of employee involvement and who are receiving payment/wages.
            2. Total Investment: The calculation of total investment involves the worth of things purchased excluding R&D, Industrial guard, pollution control et al..
            3. DIC – the total kind of DIC is District Industries Centre. supported the placement of the business entity, the applicant needs to fill the placement of DIC.
            4. Submitting Application: The applicant must click the “SUBMIT” button, after which an OTP will be delivered to the applicant’s registered email address.

            Enter the OTP and CAPTCHA code to finish the applying process.

            How to do Udyog Aadhaar Registration without Aadhaar?

            If an applicant does not yet have an Aadhaar number, he or she must apply for one.

            For such applicants. UAM registration shall be filed by the DIC of the precise location supported the placement of the enterprise or MSME-DI on behalf of the entity. But, he/she must submit the subsequent documents –

               

                • Aadhaar Enrolment ID slip or a duplicate of Aadhaar enrolment request.

                • Any of the below-mentioned documents:

                • Bank Photo Passbook or

                • Voter ID or

                • Passport or

                • Driving License or

                • PAN Card or

              • Employee Photo ID issued by government

              Benefits of Udyog Aadhaar Registration:

                 

                  • Easy authorization at low-interest rates- subsidized rate.

                  • Financial support to be a part of Foreign Expos

                  • Government schemes

                  • Hassle-free current checking account opening

                  • For further assistance and registering your MSME, you’ll be able to reach dead set our experts.

                The Indian government has developed a number of MSME schemes

                • Udyog Aadhar Memorandum – To register under this scheme, entities have to furnish an Aadhar Card. It will be done both online and offline. Moreover, by registering for MSMEs, it can avail finance for his or her business and government subsidies.
                • Zero Defect Zero Effect –MSMEs who register for this benefit receive concessions on their exports.
                • Quality Management Standards – Businesses register under this and employ new technologies to maintain quality requirements.
                • Incubation – MSMEs might get up to 75% to 80% of the project expenditures under this programme (design, manpower, machinery and so on).
                • Women Entrepreneurship –Capital, training, and counselling are all available to women entrepreneurs.

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              • How To Close-Your-Private-Limited-Company/Winding Up Of A Company

                How To Close-Your-Private-Limited-Company/Winding Up Of A Company

                How To Close-Your-Private-Limited-Company / Winding Up Of A Company

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                What Is Meant By Private Company Closure?

                Running a business comes with its own challenges. At times when things do not work out a business may have to be shut down. There can be numerous causes to close or wind up the company. The Process of Closing a Private Limited Company is referred to as Strike off or company closure. Company closure is done under newly notified rules Companies (Removal of Names of Companies) Rules, 2016 which is governed by section 248 of the Companies Act, 2013. If you aren’t running your company, we advise you to shut your Private Limited Company.

                Why close a Private Ltd. Company?

                If you aren’t running a company and no longer complying with the law then you can file Private Limited Company closure to avoid being in default. A dummy company, defunct company, the non-operative company can file for Company closure to avoid late penalties, etc.

                You Can Also Click Here To Get Your Private Limited Company Registration Today.

                How to Close Your Private Limited Company?

                Sell The Company

                Selling a Private Limited Company is also a type of voluntary winding up. This can be done by selling shares of the company (selling the majority shares of the company). Technically speaking it is not an actual winding up but the shares are transferred to another person or entity and the majority shareholders are released of their stocks and responsibilities.

                Compulsory Winding-Up

                Companies that are registered in India under the Companies Act of India and have committed or contributed to fraudulent activity or fraudulent activity will be forcibly dissolved by the court. 

                Compulsory winding up involves the following steps:

                Filing Of A Petition

                The petition will be filed by the following:

                The Company or

                The Trade Creditors of the Company or

                Any contributory Contributors to the company or

                Any or all parts of the above-mentioned three types or

                The Central or State Government or

                At the company registrar, the petition must be submitted three times in the form of WIN1 or WIN2. The petition shall be followed by an affidavit in Form WIN 3.

                Statement Of Affairs Of The Company

                All the documents accompanied by the petition should be audited by a practicing CA and the opinion given by the Auditor on the Financial Statement must be unqualified. The statement of affairs must be submitted in duplicate on Form WIN4 and must be documented by the affidavit on Form WIN5.

                Advertisement For At Least 14 Days

                The Petition must be advertised in the daily newspaper for at least 14 days and the language of the advertisement should be in the local language (local language of the area) and in English. The advertisement must be bought out under Form 6.

                Proceedings Of The Tribunal

                The Tribunal will hear the petition on the date set for hearing, accept objections and responses from the applicant and the respondent. The Tribunal may appoint a provisional liquidator. The order appointing a provisional liquidator shall be made according to Form WIN 8. The order of winding up shall determine:

                Their duty is to provide a fully audited account up to the date of order.

                Provides the date, time, and location for the Company Liquidator.

                Handover the assets and the asset documents to the liquidator of the company. In the event of a winding-up, the Liquidator of the Company shall retain all assets and securities, liabilities, and the books and documents of the Company.

                In the event of a resolution of dissolution, the Liquidator of the Company shall retain all assets and securities, liabilities, and the books and documents of the Company.

                The company liquidator must submit a report to the arbitral tribunal within 60 days of the decision to dissolve.

                After the company’s business is completely settled, the company’s liquidator applies to the tribunal for the dissolution of the company. If the tribunal finds it fair and reasonable in the circumstances of the case that an order for the dissolution of the company should be made, it shall issue an order to dissolve the company on the date of order. The company will dissolve accordingly.

                The company liquidator must transfer a copy of the order to the registrar within 30 days of the date of the order.

                If the tribunal determines that accounts are in order and all compliance requirements are met, it will order you to dissolve the company within 60 days of receiving your request. Afterward, the order has been passed by the tribunal, the registrar will then issue a notice to the Official Gazette affirming that such a company is dissolved.

                Voluntary Winding Up

                The voluntary dissolution of a company requires a long compliance process. There are certain mandatory requirements that must be met in order to voluntarily close the company. The company can voluntarily dissolve in the following situations:

                The company will pass a resolution at the General Assembly after the end of the establishment period or after an event that is provided in the Articles of dissolution.

                The company passes a special resolution (with the consent of at least 3/4th of the shareholders) for a voluntary winding up of the company. The voluntary dissolution begins on the day of the above resolution. The company must also appoint a company liquidator at the same meeting. Such appointments should also be confirmed by a majority of the company’s financial creditors.

                Voluntary winding up involves the following steps:

                The company passes a resolution in its general meeting as described above. Though, a majority of directors must agree to wind up.

                The consent of the Trade Creditors is also required for the dissolution of the company. Trade Creditors must agree that they are not obligated if the company is liquidated.

                The Company must issue a statement of solvency, which same must be accepted by the trade creditors of the company. The company must prove its credibility with a solvency statement.

                The liquidator so appointed will carry out the liquidation procedure and prepare a liquidation report for assets, properties, debts, etc. The report shall be submitted to the general meeting of the company to approve the liquidation and make a resolution for the dissolution of the company. The Company liquidator shall send a copy of the company’s final account and resolutions to the ROC

                The Company liquidator shall also apply application to the Tribunal for an order to dissolve the company. After being satisfied with the winding up, the Tribunal will issue a dissolution order within 60 days of the application. A copy of the final order must be submitted to the ROC.

                All the above-mentioned procedures must be submitted and archived in the prescribed format and the company name cannot be assigned to other applicants for two years, even after the company has been dissolved.

                The various form formats and detailed procedures for winding up are prescribed in Companies (Winding-up) Rules, 2020.

                Defunct Company Winding Up

                As per the Companies Act, 2013, a Defunct Company is a company that has acquired the status of a dormant company. The government grants certain facilities to such dormant companies or dormant companies because there are no financial transactions with the dormant companies.

                The Companies Act, 2013 established the procedure for winding up a Defunct Company. A Defunct or Dormant Company can be dissolved using a fast-track procedure that requires the submission of the STK-2 form. Therefore, Form STK-2 is required in order to wind up a Defunct Company and there are no additional procedures for that. The form STK-2 has to be filled with the Registrar of Companies and the same needs to be duly signed by the director of the company approved by his board. 

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              • How To Effectively Save Tax With A Salary Of 15 Lacs. Per Annum

                How To Effectively Save Tax With A Salary Of 15 Lacs. Per Annum

                How To Effectively Save Tax With A Salary Of 15 Lacs. Per Annum

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                You can save income tax on your pay in a variety of ways. Furthermore, the only thing you need to do is use tax-saving tools wisely. Let’s take a closer look at the new Income Tax Slabs proposed in Budget 2020 in comparison to the pre-budget 2020 tax slabs before going into further depth. Note: In the new tax regime, the surcharge and cess on income tax remain the same as previously.

                Taxpayers have the option of continuing with the old tax system or switching to the new one. Furthermore, if you choose the new tax regime, you will be ineligible for deductions and exemptions that would allow you to save income tax in India. Furthermore, this decision must be taken while filing the IT return.

                New income tax slabs in budget 2020 (for FY 2020-21)

                Taxable Income Range IN RS. Tax Rate Before Budget 2020 (Old Regime) Tax Rate After Budget 2020(New Regime)
                0- 2.5     Lakh Exempted Exempted
                2.5- 5     Lakh 5% 5%
                5- 7.5     Lakh 20% 10%
                7.5-10    Lakh 20% 15%
                10- 12.5 Lakh 30% 20%
                12.5- 15 Lakh 30% 25%
                Above 15 Lakh  30% 30%

                Note: In the new tax regime, the surcharge and cess on income tax remain the same as previously. 

                Taxpayers have the option of continuing with the old tax system or switching to the new one. Furthermore, if you choose the new tax regime, you will be ineligible for deductions and exemptions that would allow you to save income tax in India. Furthermore, this decision must be taken while filing the IT return.

                On a salary of RS. 15 lakh per annum, how can you save tax?

                Do you want to stay with the old tax system or make the switch to the new one? Well, this selection will have an impact on how much you can save on your pay in terms of income tax.

                The table below will give you a good indication of how to save money on your tax salary

                Income  Tax In Old Regime The Tax In Old Regime  Tax In New Regime Difference
                  (Without Deduction) (With Deduction)    
                14 Lakh 242000 179400 169000 10400
                15 Lakh 273000 210600 195000 15600

                *Assuming a standard deduction of Rs.50,000 and a tax exemption of Rs.1,50,000 under Section 80[C].

                In addition, the table illustrates that if your salary is RS. 15 LPA, switching to the new tax structure can save you up to RS. 15,600. This is, of course, assuming that you are claiming full exemption under Section 80 C and also making use of the standard deduction of RS. 50,000 to reduce your tax liability on salary income.

                However, there is a catch! By keeping to the old tax regime, you stand to gain more if you invest in the greatest potential capacity in all channels.

                The following example will help you understand

                Let us now assume you are capable of making sufficient tax-saving investments to take advantage of the maximum deduction allowed in various tax-saving routes permitted by the IT department (as stated below)- 

                Exemption Category Maximum Deduction Amount
                Standard Deduction 5000
                Investment Under Section 80 C 150000
                Medical Insurance Premium 25000
                NPS Deduction 50000
                Saving Bank Interest 10000
                Housing Loan Interest 200000
                Total 485000

                These tax-saving strategies are no longer available if you migrate to the new tax regime. Furthermore, you would not be able to save the RS. 4, 85, 000 that you would have been able to save if you had adhered to the previous income tax regime. In addition, here’s a comparison of your tax obligations under the old and new tax regimes.

                Category New Tax Regime Old Tax Regime
                Income 1500000 1500000
                Deductions 0 485000
                Taxable Income 1500000 1015000
                Income Tax 188000 117000
                Cess 7500 4680
                Tax Liability 195500 121680

                Furthermore, the following figure clearly illustrates that, while converting to the new tax regime will save you RS. 15,600, you would lose access to the old regime’s exemptions and deductions. It is, therefore, preferable to stick to the old tax regime if you are able to invest more in tax-saving avenues and obtain the greatest exemption/deduction available. Furthermore, if you stay in the old tax regime, you can have a comparative advantage of up to RS. 73820 in this scenario.

                Questions that are frequently asked

                1: If I earn 15 lakh, how can I save money on taxes?

                The amount of tax you can save is determined by whether you stay with the old tax system or switch to the new one.

                Let’s say you want to take advantage of the standard deduction of Rs. 50,000 and the tax exemption of Rs.150,000 under Section 80. (C).

                A) In the previous tax regime–

                Furthermore, after deducting your deductions and exemptions, your tax bill will be Rs 2,10,600.

                B) In the new tax system– 

                Furthermore, in this tax system, you are not permitted to take advantage of any deductions or exemptions. The total amount of tax you owe is Rs 195000.

                If you move to the new tax structure, you will gain RS. 15600.

                2: How much tax do I’ve got to pay on a salary of 15 lakhs?

                A) In the old tax regime–

                Your liabilities are going to be RS. 2, 10,600 (*Assuming you avail ₹ 50,000 within the standard deduction and ₹ 150000 in tax exemption u/s 80(C)) 

                B) In the new tax regime–

                You are not allowed to avail of any deduction/exemption during this tax structure. Your total liabilities are Rs 195000.

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              • All About FSSAI License

                All About FSSAI License

                All About FSSAI License

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                The Food Safety and Standards Authority of India (FSSAI) is in charge of ensuring that the food industry in India maintains a high standard. The Food Business Operators (FBO) must follow the FSSAI’s laws and regulations. To conduct business in India,

                any FBO must have a valid food license granted by the FSSAI. Any FBO that fails to present its FSSAI License document during an inspection will be punished, and the business may be shut down. Certain documents are required when applying for an FSSAI food license, and the process can be completed quickly via the FSSAI’s official website.

                What are the different kinds of FSSAI food licenses?

                FSSAI licenses are further divided into two categories: state licenses and central licenses.

                • An FSSAI state license is available to FBOs with an annual turnover of between RS. 12 lakhs and RS. 20 crores. Food licensure is required for all grain, cereal, and pulse milling units, regardless of turnover. FBOs with annual sales of more than RS. 20 crores and operations in two or more states should apply for an FSSAI central license.
                • An FSSAI central license is required for food businesses that fall under Schedule 1 of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011.

                  Operating food companies in the Indian Railways and Konkan Railways requires an FSSAI food license.

                What are the requirements for FSSAI Food Licensing?

                The following documents must be submitted to the Food Safety and Standards Authority of India (FSSAI) through the FSSAI portal in order to obtain a food license.

                • Form-B, duly completed and signed by the proprietor
                • Layout or blueprint of a business site
                • Directors’ contact information 
                • A full list of the equipment and machinery that will be used is provided. 
                • The proprietor’s photo ID
                • The food category in which the company plans to operate Rental agreements or lease documents are examples of proof of possession of a property.
                • Affidavit of proprietorship in a partnership The responsible person’s authority letter should include his name and address. 
                • NOC as well as a copy of the manufacturer’s license. A food safety management system plan or certificate.

                Aside from the documentation listed above, the FBO may be required to present paperwork particular to the type of company he does. The particular paperwork requirements can be found on the FSSAI’s official website.

                What is the process for obtaining an online food license?

                FBOs must apply for food licenses online using the Food Licensing and Registration System (FLRS) on the official FSSAI website. The following easy procedures can be followed by FBOs to complete the food license process.

                • When applying for FSSAI food licensing, fill out Form B completely and send it to the authorities together with the appropriate documents and costs.
                • The FBO is given a Unique Application Reference Number after submitting the application, which will be required for the food licensing login.
                • In the event that any information is lacking, the FBO is confronted with the situation and asked to furnish the necessary data.
                • The FSSAI assigns the FBO a unique application ID.
                • The FSSAI state license takes 15-20 days to complete, whereas the FSSAI central license can take up to 30-45 days to complete.

                FBOs can monitor the status of their application by going to the FSSAI’s official website and inputting their food licensing login number in the “Track Application Status” area.

                What fees must be paid in order to obtain a food license? 

                The fees for the FSSAI Central and State licenses, as well as the fees for the FSSAI licenses of Indian and Konkan Railways, are listed here. 

                FSSAI Central License Fee Structure 

                •  The FSSAI Central license costs RS. 7500 each year to renew.
                •  A price of RS. 7500 is charged for any change to an FSSAI Central license (per modification).
                •  A duplicate copy of the FSSAI Central license costs 10% of the Applicable License Fee.

                 For a maximum of 5 years, an FSSAI Central license can be given or renewed.

                FSSAI State License Fee Structure 

                • The cost of a new FSSAI State license varies from Rs. 2000 to Rs. 5000 each year, depending on the type of food business.
                • The cost of renewing an FSSAI state license is determined by the number of years chosen.
                • A one-year fee is charged for any alteration of an FSSAI State license (per modification).
                • The cost of obtaining a duplicate copy of the FSSAI State license is 10% of the applicable license charge.

                 Fee Structure Of FSSAI Railway Food License 

                • The fees for a new FSSAI Railway food license are RS. 2000 (per year). 
                • The fees for the renewal of the FSSAI Railway food license depend on the number of years selected. 
                • The fees for any modification of an FSSAI Railway food license are fees of one year (per modification).
                •  The fee for a duplicate copy of the FSSAI Railway food license is 10% of the Applicable License Fee.

                What happens if you don’t pay?

                Because having an FSSAI license is required, any Food Business Operator who does not have one may face penalties. FBOs can be fined between Rs. 1 lakh and Rs. 10 lakh under the Food Safety and Standards Act of 2006, and they can even be imprisoned. The severity of the penalty and punishment is determined by the nature of the offense. The FSSAI has the authority to revoke the license and close the business.

                Food business owners must obtain an FSSAI food license and renew it on a regular basis. It will assist FBOs in meeting statutory requirements as well as gaining access to additional benefits. FBOs selling items with the FSSAI logo gain public trust because their products have passed a quality check conducted by the FSSAI.

                FBOs with an FSSAI license have the ability to develop their business and can obtain loans and funding to do so. FBOs have the option of applying for food licenses online or enlisting the services of an online consultant. Online food licensing advisors can assist with both the application and renewal of the license.

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