Thursday 29 October 2020

Difference between Trade License and Shops and Establishment License

 

Winding Up of Companies

Trade License – this is often a license that's issued by the Municipal Corporation which provides permission to hold out a specific trade a specific address.

Shop Establishment License – Shops & establishment registration is mandatory for all business entities. It not only includes shops and commercial establishments but also, work from home jobs. Once you register your shop or establishment you'll get a store and establishment certificate.

Read through a couple of points that highlight the difference between Trade license and Shop and establishment licence1. The commencement of any business that falls under the shops and establishment Act will got to get the business registered with the government and trade licence may be a permission given to an individual to hold out a specific trade.
2. Shops and Establishment licence are often obtained for a store or establishment even in residential premises. A trade licence are often obtained just for commercial premises.
3. Trade license is formed mandatory to form sure that unethical business practices aren't administered . A trade licence also ensures that each one rules and safety guidelines issued by the govt are being followed. Shop and Establishment is required by the tiny trader and shop owner who is doing any business activity .
4. Establishments like hotels, restaurants, food stalls, cyber cafes etc require a trade license. Shops and establishment licence is required by any commercial establishment or shop that's providing any quite service.
5. The fee for obtaining a Shops and establishment license and trade license may vary from state.

Conclusion
The shop act license and trade license has got to be obtained within 30 days of commencement of the business. If the conditions of the licenses are violated, then the license are going to be revoked or cancelled. The Shops and Establishment Act governs the working conditions and therefore the rights of workers including wage payments, leaves, work hours etc.

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Thursday 22 October 2020

How to Get Food Liscence in India

 

In India, a person or an entity proposing to start with a food business must obtain a food license or a registration from the Food Safety and Standard Authority of India (FSSAI). Approximately 90% of food products have a prescribed specification by FSSAI. Only the ocean products and therefore the production involving fishermen and farmers are out of the scope of FSSAI. It generally takes two months to get the FSSAI License and approximately six months for the launch of product approval within the market.

IMPORTANCE:
1. Consumer confidence is that the primary and therefore the largest asset for gaining the purpose for the food authorities. A product’s packaging speaks volumes about the merchandise quality and during a way informs the consumers about the food safety standards.

2. the first focus may be a public health

TYPES OF LICENSES:
1. BASIC REGISTRATION
2. STATE LICENSE
3. CENTRAL LICENSE

For Basic FSSAI Registration:
The petty and small-sized food business operators like manufacturers, transporters, storage units, distributer, marketers, retailers, etc. are required to accumulate a Basic FSSAI Registration which is issued by the government for a minimum period of 1 year and a maximum of 5 years. it’s mostly for the units having an annual turnover of but 12 lakh. the remainder depends on the eligibility, the FBO can thus fall into either the State FSSAI License or the essential Registration.

Documents required for Basic FSSAI — Food License:

  • Photo of Food Business Operator
  • Document for Identity Proof like card , Voter ID Card, PAN Card, driver’s license , Passport, Aadhar Card, oldster Card, Department Issued ID
  • Supporting Documents (if any):- NOC by Municipality/Panchayat, Health NOC

Registration Procedure 1. FSSAI registration is initiated by submitting Form A (application) to food and safety department.
2. This application are often accepted or it’s going to be rejected by the Department within 7 days from the appliance date and therefore the fact has got to be intimated to the applicant in writing
3. If the appliance is accepted, then the department will grant a registration certificate with the license number and therefore the photo of the applicant.
4. FBO should prominently display the certificate of registration at the place of business during the business hours.

FEES STRUCTURE:
1. new registration certificate — 100/year
2. renewal of registration certificate — 100/year
3. duplicate of registration certificate — 10% of the applicable certificate fee

Suspension and Cancellation of Food License
Under the below-mentioned circumstances, the food license can either be cancelled or suspended:

  • gastrointestinal disorder outbreaks that are related to the spread of the disease.
  • Serious food complaints in cases where the consumer’s safety is affected.
  • Food Business Operator’s non-compliant premises.
  • Serious violations of the FSSAI rules and compliances.
  • A violation just in case there’s a history of non-compliance of FSSAI safety rules and requirements.
  • Non- compliance with an improvement or other legal notice without reasonable excuse.
  • Interrupting a politician.

For State FSSAI License
The authority has guided the food business operators, having an annual turnover of quite 12 lakh, like small to medium-sized manufacturers, storage units, transporters, marketers, retailers, distributors, etc to get the State FSSAI License. it’s issued by the respective government having a minimum validity of 1 year and a maximum of 5 yrs.

Eligibility for State FSSAI License
The State FSSAI License are often taken by the subsequent food business operators:
1. Meat Processing Units
2. Proprietary Foods
3. Slaughtering Units
4. Restaurants
5. Hotels
6. Food Processing Units including retailers and repackers
7. Dairy Units, including Milk Chilling Units that are equipped to handle and process.
8. oil Processing Units and therefore the Units that produce oil through the method of solvent extraction and refineries, including Oil Expeller Unit.

Documents for FSSAI State License
The required documents for obtaining State FSSAI license are as follows:

  • Form-B duly completed and signed by the Proprietor.
  • Blueprint or layout of the world location.
  • Proof of possession of premises.
  • Partnership affidavit of Proprietorship.
  • Contact details of the administrators .
  • List and details of the kinds of kit and machinery.
  • Proprietor’s photo ID and Address Proof issued by the govt of India. just in case of a corporation , the administrators photo ID and address proof.
  • List of food category that has got to be manufactured.
  • Authority letter with name and address of the responsible person.
  • NOC and replica of License from the manufacturer.
  • Food Safety Management System Plan or Certificate.

Registration Procedure
Procedure for State License Application
1. Before applying for a State FSSAI License it’s important to see the eligibility criteria as mentioned by the Food Safety and Standards Authority of India.
2. After successfully checking the eligibility criteria subsequent step is to furnish the appliance form for obtaining the State FSSAI License. Every data provided to the department must be correct and appropriate.
3. Remember that the generic names must be mentioned for the products and not the brand names.
4. All the products as mentioned within the license must be approved as per the FSS Act, 2006.
5. At last, you’ll be asked for a way a few years you would like to use . you’ve got to settle on the acceptable period of your time that you would like to require the license.
6. Post-filing the shape , the prescribed fees need to pay either through a web portal or by submitting the demand draft at the FSSAI state office.

For Central FSSAI License
Food business operators who have a turnover greater than 20 crores like large manufacturers, 100% export oriented units, importers, operators within the Central Government agencies, airports, seaports, etc are enforced to get a Central Food License issued by the Central Government. Also, the FBO’s are directed to get the Central License for his or her head office and if they operate in additional than one state. The minimum tenure of this license is one year and therefore the maximum is 5 years.

Eligibility for Central FSSAI License
The Central FSSAI License are often taken by the subsequent food business operators:
1. Dairy Units, including Milk Chilling Units that are equipped to handle and process.
2. Slaughtering Units
3. Proprietary Foods
4. Food Processing Units that include retailers and repackers.
5. oil Processing Units and therefore the Units that produce oil through the method of solvent extraction and refineries, including Oil Expeller Unit.

Documents Required for FSSAI Central License
The required documents for obtaining Central FSSAI license are as follows:

  • Form-B duly completed and signed by the proprietor or owner.
  • Blueprint or layout of the world location.
  • Contact details of the administrators .
  • List and details of the kinds of kit and machinery.
  • Proprietor’s photo ID and address proof issued by the govt of India. within the case of a corporation , the administrators photo ID and address proof.
  • Analysis of water report from a recognized/public health laboratory.
  • Proof of possession of premises.
  • Pesticide residues report of water just in case of units manufacturing mineral or soda water from recognized/public health.
  • NOC and replica of the license from the manufacturer.
  • Food Safety Management System plan or certificate.
  • NOC/PA issued by FSSAI
  • IE Code issued by DGFT for importers.
  • FSSAI Declaration Form.
  • Source of milk, if applicable.
  • Supporting proof of turnover, if applicable.
  • Source of meat and meat processing units, if applicable.
  • NOC from the municipality and native body, if applicable.
  • MCA Incorporation Certificate, if applicable.
  • Certificate provided by Ministry of Tourism, if applicable.
  • Supporting proof of turnover for vehicles, if applicable.

Procedure for Central License Application
1. If consistent with the eligibility criteria, one is directed to urge a Central FSSAI License then they need to fill out the appliance form consistent with the rules as prescribed by FSSAI. It must be taken care that each data provided must be correct, appropriate and authentic.
2. Remeber that the generic names must be mentioned for the products and not the brand names.
3. All the products as mentioned within the license must be approved as per the FSS Act, 2006.
4. At last, you’ll be asked for a way a few years you would like to use . you’ve got to settle on the acceptable period of your time that you would like to require the license.
5. Post-filing the shape , the prescribed fees need to pay either through a web portal or by submitting the demand draft at the FSSAI state office.

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Source: http://companyformationindia.com/blog/food-license-in-india.html

Saturday 10 October 2020

Minimum Alternate Tax (MAT)

 

What is MAT?

MAT is an indirect tax levied under the Income Tax Act of India, 1961. As per section 115JB, every foreign and domestic company is required to pay MAT, a rule set up to prevent highly profitable businesses from dodging their tax liabilities.

A large number of companies in India try to evade taxes. For instance, many “zero tax companies” generate substantial revenues but end up paying a nil tax by applying deductions, exemptions and other kinds of loopholes in the system. So, MAT was created so that no company is able to completely evade their tax liability.

MAT Applicability

Minimum Alternate Tax is only applicable to companies and not to individuals, HUFs, partnership firms, LLPs, societies, etc. Rules pertaining to Sec 115JA is applicable on the foreign companies that generate profits through their running business activities in India.

How to calculate the MAT?

Minimum Alternate Tax is equal to 18.5% (15% from AY 2020-21) of Book profits (Plus Surcharge and cess as applicable). Book profit means the net profit as shown in the profit & loss account for the year as addition and deletion by the following items:

Book Profit

The manner of computation of Book Profit is explained under section 115JB of the Act which specifies additions and deductions of specified items from the net profit of the company computed in accordance with the provisions of the Companies Act, 2013. Here is a list of the items which are allowed to be added and deducted from the net profit of the company:

Additions:

  • a) Income Tax paid or payable (including provision) thereof;
  • b) Amounts transferred to any reserve;
  • c) Provisions made for meeting liabilities (other than ascertained liabilities);
  • d) Provision for losses of subsidiary companies;
  • e) Dividend paid or proposed;
  • f) Expenditure relating to incomes exempt under section 10 other than section 10(38);
  • g) Deferred tax;
  • h) Expenditure relating to income by way of royalty of patent taxable under section 115BBF

Deductions:

    i) Amount withdrawn from reserves/provisions where such amount is credited to the profit and loss account; j) Income under section 10 other than section 10(38) where such amount is credited to statement of profit and loss; k) Brought forward loss or unabsorbed depreciation, whichever is less as per books of account; l) Profit of sick industrial company; m) Income as a share in the income of AOP/BOI; n) Income by way of royalty in respect of patent chargeable to tax under section 115BBF

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