Registration Arena

Input tax credit under GST The Input Tax Credit refers to the tax amount paid on purchases, which can be claimed when paying taxes on sales. While this provides a basic understanding, there are several important provisions under the GST law that should be considered. This article will explain these provisions in detail. What is an input tax credit? Under GST, the Input Tax Credit is subject to various sections and rules. This benefit is accessible to the supplier and helps to decrease their tax liability for sales. The fundamental requirements for Input Tax Credit are outlined in Section 16 of the CGST Act, while Section 17 imposes some restrictions on its availability. Additionally, Section 18 deals with how Input Tax Credit is handled during the transfer or shifting in a business entity. How does the Input tax credit mechanism work? GST is a value-added tax, which means that each individual in the chain is responsible for paying tax only on their value addition. To better und...

Difference between TM ( ™ ) and R ( ® ) symbol We often come across two symbols associated with Trademarks - ‘TM’ and ‘R’. Each symbolizes a different type of trademark. The ‘R’ symbol stands for a Registered Trademark, while ‘TM’ represents an Unregistered Trademark. The trademark itself can be a signature, symbol, logo, design, etc., followed by the symbol in superscript. A trademark is a form of intellectual property that provides the owner with exclusive rights to use and authorize others to use the trademark with the owner's permission, in exchange for adequate consideration. It serves as a means to identify the origin of a product. Registered Trademark A trademark that is officially registered under the Trademarks Act, of 1999 is known as a registered trademark. The registration of a trademark provides the owner with exclusive rights, including the sole use of the mark in relation to their products or services. The registration period for a trademark is ten years, afte...

Understanding the Differences between Copyright, Patent, and Trademark "In the context of intellectual property , the terms patent, copyright, and trademark refer to the exclusive rights granted to creators for their original works. These rights typically offer a period of exclusivity to the creator to use and distribute their work. The protection provided by copyright, patent, and trademark extends to the output resulting from the implementation of the idea in practice. Given the availability of multiple intellectual property rights, individuals often find it challenging to differentiate between them. This article aims to clarify the distinctions between Copyright, Patent, and Trademark." Copyright As soon as an author creates an original work, copyright protection is established. This exclusive right covers a wide range of works, such as paintings, photographs, music, books, and computer programs, among others, defined under the Copyright Law. Copyright laws protect the...

  Preparation and Maintenance of Statutory Registers The Statutory Registers comprise specific records of the Company’s Directors, Shareholders/Members, Loans & Guarantees, Deposits, Shares, etc. These registers are kept at the registered office of the Company. As per the Companies Act 2013, all businesses are required to maintain and update their records. The company should keep accurate documents and statements that depict the organization’s state of affairs at its registered office for each financial year, including all its subsidiaries and other locations. The law mandates the recording of transactions at the company’s registered office and branches, which should be maintained on an accrual basis, using a double-entry bookkeeping system.  Most businesses maintain their statutory registers in a loose-leaf binder or bound book. However, they can be maintained in any format such as a computer record. The Companies Act 2013 necessitates that every company submits these...

  What is a Letter of Undertaking in GST? A Letter of Undertaking (LUT) is a document used in the context of the Goods and Services Tax (GST) in India. Under the GST regime, a registered person who exports goods or services can export them without paying any integrated tax (IGST) by furnishing a LUT to the tax authorities. The LUT is a declaration made by the exporter to the effect that they will fulfill all the requirements under the GST Act and the rules made thereunder. By furnishing a LUT, the exporter assures the tax authorities that they will export the goods or services in accordance with the applicable laws and will not make any supplies that are not in conformity with the GST Act. To be eligible to furnish a LUT, an exporter must fulfill certain conditions, such as having an income tax PAN, having filed GST returns for the previous period, and not having been prosecuted for any offense under the GST Act. The LUT must be furnished in the prescribed form and manner and m...

What Trademarks cannot be registered in India? Trademark registration paves the way for products and services to be uniquely identified. It differentiates between products and services. Trademark registration is a crucial step in establishing a unique identity for products and services. It serves as a differentiator in the marketplace and provides the trademark owner with exclusive rights to their trademark while safeguarding against infringement. This protection is essential for building goodwill, customer loyalty, and valuable assets. To ensure effective brand naming, it's important to have a clear understanding of what can and cannot be trademarked. In this article, we'll explore the limitations of trademark registration in India and provide guidance on choosing a brand name. Absolute Grounds for Refusal of Registration Void of distinguishing characteristics In Indian trademark law, the requirement of distinctiveness is strictly interpreted. A trademark that lacks...

Quarterly Return Filing and Monthly Payment of Taxes ( QRMP ) in GST To assist small taxpayers with a turnover of less than Rs. 5 crores, the Central Board of Indirect Taxes and Customs (CBIC) introduced the Quarterly Return Filing and Monthly Payment of Taxes (QRMP) scheme under the GST . This scheme allows registered individuals who need to furnish Form GSTR-1 & GSTR-3B and have an aggregate turnover of up to Rupees 5 crores to file GSTR-3B on a quarterly basis and pay tax on a monthly basis. They can do so by using a simple challan in FORM GST PMT-06. The government is empowered under the Central Goods and Services Tax (CGST) Act of 2017 to notify a specific group of registered individuals who must file a return every quarter or part thereof as prescribed in the CGST Rules, 2017.   According to the CGST Act, 2017, notified individuals must pay the tax due to the government within a prescribed time frame, taking into account particulars such as inward and outward suppl...

Significance of claiming a user date in a trademark registration application Trademark Registration in India follows the principle of prior use and first claim. This implies that the person who applies for a brand name first is granted priority for trademark registration. Including a user date in the Trademark Registration application is recommended to safeguard the trademark and prevent any potential infringement. In situations where two identical trademark applications are submitted, the applicant who can prove an earlier date of use is likely to have a stronger case compared to someone who has either applied on a proposed-to-be-used basis or claimed usage on a later date. Therefore, the user date is a crucial factor in securing absolute rights in Trademark registration. What is “User Date” in Registration of Trademark? The term "User Date" refers to the date when a brand name's user started using the name, whether or not the name was registered. For goods, the...

  How to Choose the Best Business Structure for Your Start-up? Introduction Selecting the appropriate legal structure for your company is among the most critical choices you will need to make at the outset of your business. Your selection will impact not just your tax payments but also the amount of documentation that your company will need to undertake and your own personal responsibility. Therefore, how can you determine which business structure is best for your new venture? To decide which business structure is suitable for your startup, you need to assess various aspects such as liability, tax implications, incorporation expenses, and ongoing administration and record-keeping requirements. In this blog, we will describe various business structures that you can adopt for your business. Sole Proprietorship The simplest form of business structure is  Sole Proprietorship , which typically involves a single individual who owns and runs the business. If you don't establi...

Alteration of Memorandum of Association The Memorandum of Association (MOA) is a legal document that sets out the constitution of a company and defines the company's objectives, powers, and scope of operations. The MOA is one of the documents required to be filed with the registrar of companies during the incorporation process. The MOA is a vital document that outlines the purpose of the company, its goals, and how it intends to operate. Types of MOA as per companies act 2013 As notified under Schedule I of the companies act 2013 following are the types of MOA that different types of companies can adopt: Table A: Company limited by shares Table B: Company limited by guarantee and having a share capital Table C: Company limited by guarantee and not having a share capital Table D: Unlimited company having a share capital Table E: Unlimited company not having a share capital The MOA mainly consists of the following clauses: Name clause–   The name clause generally co...

  Modification of Trademark in India Introduction A trademark is a recognizable symbol, design, or expression that identifies a company's products or services from those of others. It not only represents the brand but also safeguards the company's offerings from unauthorized use by others that could harm its reputation. However, mistakes may occur during the application process for trademark registration due to oversight by the applicant. Fortunately, the Trade Marks Act includes provisions to rectify errors and mistakes in the registration application. In India, it is possible to modify a trademark at any time before or after registration in order to correct any details that may be inaccurate. Modification of Trademark Before Registration After applying for a trademark, if an error or mistake is discovered in the application, the applicant can request to correct it by submitting Form TM-M along with the necessary fee and supporting documents. This is typically done to r...

  FAQ on Private Limited Company Registration What is the duration required to establish a private limited company in India? The registration process for a Private Limited Company in India typically takes 7-12 days to complete, and involves obtaining two approvals - Name Approval and Final Approval - from government bodies. It is important to note that the duration of this process may vary depending on the workload of the Central Registration Centre (CRC) under the Ministry of Corporate Affairs (MCA). Is my physical presence necessary during this process? The process of company registration is entirely conducted online, thus, physical presence is not required. The necessary documents are filed electronically, and you would only need to send scanned copies of all the required forms and documents to us. Who can be a member of a Private Limited Company? Any individual or organization can become the member/shareholder of the private limited company including foreigners/NRI. ...

FAQ on Nidhi Company Registration How much time is required for setting up a Nidhi company in India? The registration process for a Nidhi company in India typically takes 7-12 days to complete and requires two approvals from government bodies - Name Approval and Final Approval. However, the duration may vary depending on the workload of the Central Registration Centre (CRC) under the Ministry of Corporate Affairs (MCA). Is physical presence necessary during this process? No, Nidhi company registration is a completely online process. All the required documents are filed electronically, so physical presence is not necessary at all. You would just need to send us scanned copies of all the required documents & forms. Who can be a member of a Nidhi Company? Any individual can become a member/shareholder of a Nidhi limited company including foreigners/NRI. However, such a person must be 18+ above in terms of age and should have a valid PAN card. What is the status of Nidhi Com...

  Private Placement of Securities under section 42 of the Companies Act 2013 Introduction Companies have various methods of raising share capital, one of which is private placement. It is a technique that involves offering shares or other securities to a designated group of individuals, as determined by the company's board. Unlike a public offering through the issuance of a prospectus, private placement does not involve soliciting the general public. According to a publication by the Reserve Bank of India (RBI), private placement typically involves offering securities to fewer than 50 persons and is exempt from the requirement of filing an offer document with the Securities and Exchange Board of India (SEBI) for review. Definition as per the Companies Act, 2013 Section 42 of the Companies Act talks about the offer or invitation for subscription of securities on private placement. Section 42(3) defines Private Placement as, “Private Placement” means any offer or invitation to ...

  Stamp Duty on LLP Agreement What Is an LLP Agreement? The LLP agreement must encompass detail regarding rules and regulations for its partners. Every LLP agreement ought to be stamped to ensure authenticity. The applicant needs to take the printout of the agreement on the non-judicial stamp. Stamp duty varies from state to state and also depends on the contribution of Capital. The LLP agreement serves as a legal document that covers all aspects of the partnership, from its incorporation to its dissolution. It includes details on the roles of partners, their mutual rights, profit sharing, and contributions. The LLP agreement also outlines the partnership's rules and regulations in greater detail. For instance, it may provide information on how new partners can be appointed and how their tenure will end. How is the LLP Agreement prepared? To prepare an LLP agreement, all partners of the Limited Liability Partnership must discuss, agree upon, and sign the clauses outlined i...

  Registration of Charges Introduction According to Section 2(16) of the Companies Act, a Charge is defined as an interest or lien established on the assets or property of a Company or any of its undertakings as security, and this definition also encompasses a mortgage. Additionally, the Companies Act mandates that all companies must register any Charges created by the Company and keep a record of them. What is Register of Charges ? To maintain a register of charges, as discussed earlier in Form No. CHG.7, every company must keep a record at their registered office. It is crucial to note the following additional points: The register must contain all details, including charges registered with the Registrar on any property, assets, or undertaking of the company, and particulars of the acquired property on which the charge is created. It must also record any modifications or satisfactions of charges. The entries in the register should be made immediately after creating, modifying, or ...