Establishing a unit in SEZ in India

 

India is among the foremost Asian countries United Nations agency have thought-about the concept of putting in place AN Export process Zone (EPZ) model to push country’s exports. to draw in additional foreign investment and supply AN internationally competitive and trouble free surroundings for export promotion in Asian nation, Special Economic Zone (SEZ) was introduced. within the year 2000, with AN beginning of SEZ policy, Asian nation had begun to run on the trail of success.

Initially, the SEZ policy was enclosed beneath foreign foreign policy 2000. The policy was enforced through piecemeal and circumstantial amendments to totally different laws, besides government orders. so as to beat these drawbacks and to allow a stable long run policy framework with minimum regulation, the Special Economic Zone Act, 2005 was introduced. The Act provided broad legal framework, covering all vital legal and restrictive aspects of SEZ development further as for units in operation in SEZs.

SEZ may be a specific exempt district and shall be deemed to be foreign territory for the needs of trade operations and duties and tariffs. In different word, SEZ may be a nation-state that has economic laws totally different from the country’s economic laws. SEZs are established in many countries, as well as China, India, Jordan, Poland, Kazakhstan, Philippines and Russia.

Main objectives of building a SEZ

• Generating further economic activity
• Promoting exports of products and services
• Promoting investments from domestic and foreign sources
• Creation of employment opportunities
• Development of infrastructure facilities
• Exposure to technology and world market

Benefits and incentives of putting in place a business unit in an exceedingly SEZ

• Tax edges (tax holidays, taxation exemptions, etc.)
• Liberal labor rules
• Exemption from excise and impost on procural of capital assets, expendable stores, raw-materials from domestic market
• Streamlined procedures for obtaining approvals (online / single window)
• Liberal approach in foreign direct investments
• Increased capital account fungibility
• Relaxed export regulation
• Full return of profits
• Non-applicability of connected environmental laws

Setting up a unit in SEZ

A company aiming to setup unit in an exceedingly specific SEZ must apply with the various Development Commissioner’s (DC) workplace of SEZ zone. To file AN application, company must fill the Form-F, stipulated by SEZ rules. The candidates filing the shape, must submit this manner on-line through SEZ on-line system victimization module New Unit Application (NUA).

The steps for NUA area unit as summarized below:

1. making user ID: this can be the initial stage for putting in place a SEZ unit. For putting in place a replacement unit in SEZ, the user, for the aim of registration, shall login to SEZ on-line system and build a replacement user ID.

2. Raising NUA request: when registration, users area unit needed to fill a “new user application” providing the required details which incorporates general details of company, details of administrators, item / product, during which the corporate deals in, and different details like investments, equity, for-ex, soul and selling collaborations of the corporate.

3. Submitting Form- F and different documents: more during this procedure, candidates got to transfer the below listed documents with a crammed kind – F, as mentioned in “Add Documents” field. These noncommissioned documents have to be compelled to be submitted physically in DC’s office:

• Copy of incorporation certificate, Articles and memoranda of Association of the corporate
• Demand draft of authority 5000/- in favor of “The Pay & Accounts Officer.
• Copy of company’s profile, directors’ profile and project report
• Copy of board resolution
• List of foreign and autochthonal capital product
• Form eighteen and thirty two filed with mythical monster
• Copy of residential proof and identity proof of administrators
• Income tax returns of last three years
• Copy of audited financials
• Copy of IEC of the corporate
• Copy of PAN of the corporate
• Copy of term sheet for incubation premises
• Copy of term sheet for main premises
• Letter for selling / redemption arrange
• List of administrators with their details
• Letter mentioning web site and e-mail address
• Undertaking for pollution management
• Affidavit

Along with these documents, soul must submit kind – F containing the main points of NUA.

4. Rectification of deficiencies: If the DC doesn't get glad with the submitted documents, he might raise a requirement for extra documents. In case, the request is shipped back by DC workplace and also the demand is raised from DC workplace, soul shall submit the documents at intervals the stipulated

5. Approval of request: when verification of all the documents submitted and different needs consummated by soul, DC is allowed to approve the request of NUA. more the approval, AN e-mail are going to be sent to soul on the registered e-mail describing the supplementary

6. Payment of registration fee: when approval from DC workplace, a link for payment of registration fee are going to be enabled; enquiring some details for payment. On payment of fee, NSDL direction Ltd. (NDML) representative can verify receipt of payment and can authorize the payment upon verification of valid payment entry in SEZ on-line system. Upon authorization of payment, soul will produce administrator and operational users IDs.

7. Submission of lease deed details to DC’s workplace for approval: when acceptance of letter of approval, the unit is predicted to enter into a lease agreement with the developer of the SEZ during which it's commencing business. when getting in the agreement, the unit can have to be compelled to enter the lease deed details within the SEZ on-line system and submit it on-line to the DC’s workplace. The unit shall even have to submit a duplicate of the lease deed to the DC’s workplace in physical kind.

8. Intimation of date of commencement: As before long because the unit commences production, the date of commencement of production has got to be intimated to the DC’s workplace. The unit shall on-line intimate the date of incorporation through SEZ system. additionally, the DC may additionally need the unit to submit supporting documents in physical kind.

For the Fact: As of March 2018, 223 SEZs area unit operative and a huge 419 SEZs are approved.

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Company formation services In India | Company incorporation in India

What If You Do Not File Your Income Tax Returns?

Income Tax come could be a prescribed format through that an individual has got to disclose the financial gain that's attained by an individual in an exceedingly year. The taxes on this financial gain have to be compelled to be paid to the revenue enhancement Department by the tip of the year. There square measure totally {different|completely different} slabs of taxes for folks from different financial gain slabs. There additionally exists a minimum block, on top of that it's necessary to file revenue enhancement returns. The revenue enhancement Department typically keeps causing reminders to persons to file their revenue enhancement returns. though folks will file their revenue enhancement returns at a later date, there square measure sure consequences connected to constant. This come that is filed on a later date is thought as a tardy come. Such a come is allowable to be filed beneath Section 139(4) of the revenue enhancement Act.
This article seeks to analyse the results of not filing revenue enhancement returns. the subsequent square measure the circumstances which will arise if you are doing not file your revenue enhancement returns-

Penalty
There exists a three-tier fee system in situ for persons UN agency don't file their revenue enhancement returns at intervals the stipulated date for doing therefore. If the revenue enhancement come is filed when the maturity date however before the thirty first of December, a fine of Rs. 5000 is due additionally to the taxes that such an individual is needed to pay. In different cases, i.e. once the revenue enhancement come is filed on or when first Jan, the fine that's levied are Rs. 10000. However, in cases wherever the revenue enhancement come of taxpayers doesn't exceed Rs. 5 lakhs, the fees due is Rs. 1000.

Reduced time-frame during which the Revised revenue enhancement come will be crammed
If miscalculation is committed whereas filling the revenue enhancement come, one will file a revised revenue enhancement come. Earlier, taxpayers had the posh of filling a revised revenue enhancement come at intervals a amount of 2 years, but currently that point amount has been reduced to a year. Thus, the sooner the revenue enhancement returns square measure crammed, a lot of the time one would have to be compelled to revise the returns if needed.

Levy of Interest on the Tax quantity
In things during which revenue enhancement returns don't seem to be filed until the maturity date, interest is levied within the sort of a penalty at the speed of 1 Chronicles per month together with the month during which the payment is finally created. This tax is due when deducting the tax subtracted at supply, tax collected at supply, advance tax and different tax credits that square measure accessible beneath the provisions of the revenue enhancement Act.

Bar on the carry over of Losses
If revenue enhancement comes don't seem to be filed before the maturity date then the person filing the revenue enhancement return when the maturity date won't be allowable to hold forward any losses that square measure unremarkably allowed beneath the pinnacle of “profits and gains of business or profession” or “capital gains”. However, unabsorbed depreciation is allowable to be carried forward beneath the pinnacle of “income from house property”

There square measure a bunch of associated issues that one would possibly face as a result of a delay in filing revenue enhancement returns. These issues whereas in some way coupled to the revenue enhancement Department, would still cause issues to the payer. a number of them square measure mentioned below-
1. Banks contemplate the revenue enhancement Returns of the past 3 years after you have to be compelled to apply for a loan. Thus, throughout the time of application, problems may arise as a result of filing your revenue enhancement Returns late.
2. The revenue enhancement Authorities tend to scrutinise those accounts a lot of that square measure submitted late as against those that square measure submitted on time. this might cause a state of affairs wherever you've got to submit proofs Associate in Nursingd an revenue enhancement come will come back beneath scrutiny until five years later, a time at that you may not be in possession of the requisite proofs.

In lightweight of the assorted disadvantages related to a delayed filing of revenue enhancement returns, it's continuously wise for taxpayers to file their returns on time.

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Company formation in India

Mistakes that a start-up should avoid

A booming out-pour of Startups in Bharat is that the recent trendsetter. Recently, we've witnessed several low and status Start-Ups landing up within the Court of law fighting legal battles and sabotaging their name in public. so as to avoid such mistakes, here square measure “8 fast tips” that a Start-Up should do to avoid such ugly legal battles.

1. TO HAVE A STRONG LEGALLY BINDING AGREEMENT: One of the key issues that a Startup ought to look at is that the Founders’ Agreement. One ought to in an exceedingly means think about the Founders’ Agreement as a variety of “pre-nuptial agreement”. It ought to be clear, comprehensive, unambiguous agreement between the Founders of the Start-Up so as to chop down the probabilities of legal proceeding.

2. TO ABIDE WITH COMPLIANCES: A productive Start-Up ought to have an honest, wakeful and knowledgeable team of Advocates, Company Secretaries and leased Accountants so as to fits all the Legal and Government compliances, to avoid legal proceeding by the govt, Income Tax, ED, EOW, etc.

3. TO HAVE A ROBUST CUSTOMER REDRESSAL SYSTEM Treat your Consumers/customers with utmost importance and care by providing them smart services/products. this could decrease the probabilities of the consumer/customer to approach the buyer Forum for redressal.

4. TO MAKE TIMELY PAYMENTS TO VENDORS: One ought to confirm you pay your vendors on time failing that the seller would choose and approach the Court of Law for recovery of debts.

5. TO HAVE SECURE IP(Intellectual Property) POLICY: All the holding like Copyright, Trade Mark, Designs, Patents ought to be registered and may be specifically registered within the name of the Company/Founders and not on the name of the worker.

6. LACK OF EMPLOYEE DOCUMENTATION: Make sure that the documentation with the workers square measure done properly. Business Start-Ups typically encounter issues once they don't maintain adequate employment documentation. Consequently, Start-Ups ought to prepare a nucleus of employment documents to be signed by most, if not all, staff like staff enchiridion, supply letter, counselling, Non – speech act Agreement etc.

7. NOT HAVING A GOOD TERMS OF USE AGREEMENT AND PRIVACY POLICY FOR YOUR WEBSITE/MOBILE APP: A Terms of Use Agreement sets forth the terms and conditions for folks exploitation your Website/Mobile App. Your Privacy Policy could be a legal statement on your website/mobile app. setting forth what you may do with the private information collected from users and customers/consumers of the site/mobile app., and the way such information could also be used, sold, or discharged to 3rd parties.

8. NOT HAVING THE CORRECT LEGAL COUNSEL: In a misguided effort to avoid wasting on expenses, Start-up businesses typically rent inexperienced legal counsel. instead of disbursement the cash to rent competent legal counsel, founders typically rent lawyers WHO square measure friends, relatives or others WHO supply steep fee discounts. In doing therefore, the founders deny themselves the recommendation of tough legal counsel WHO will facilitate the founders in avoiding several legal issues.

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Income Tax Saving Tips

Recommended ways that of saving taxes beneath Sec 80C & 80D
1. Make investment of Rs one.5 large integer beneath Sec 80C to cut back your ratable financial gain
2. Buy Medical Insurance & claim a deduction up to Rs. 25,000 (Rs 50,000 for Senior Citizens) for medical payment beneath Section 80D
3. Claim deduction upto Rs fifty,000 on equity credit line Interest beneath Section 80EE

Investment choices beneath Sec 80C
The most in style tax-saving choices offered to people and HUFs in India area unit beneath Section 80C of the tax Act. Section 80C includes numerous investments and expenses you'll be able to claim deductions on – up to the limit of Rs. 1.5 large integer during a twelvemonth.

Other Tax Saving choices on the far side Sec 80C
Apart from the 80C deductions, there area unit numerous deductions beneath Section eighty you'll be able to use to avoid wasting on tax. Tax edges on insurance premiums and residential loan interest area unit many.
1. Get Medical Insurance & claim a deduction up to Rs. 25,000 (Rs 50,000 for Senior Citizens) for medical payment
2. Claim deduction upto Rs fifty,000 on equity credit line interest beneath Section 80EE
3. A equity credit line would conjointly assist you in reducing your ratable financial gain because the principal portion of equity credit line is claimed beneath Section 80C upto Rs one.5 large integer and also the interest portion is claimed as a deduction from financial gain from house property

How to arrange your tax-saving investments for the year
The best time to begin coming up with your tax-saving investments is at the start of the twelvemonth. Most taxpayers procrastinate until the half-moon of the year, leading to hurried choices. Instead, if you propose at the beginning of the year, your investments will compound and assist you attain semipermanent goals. Remember, tax-saving ought to be a further perk and not a goal in itself.

Use the subsequent tips that could arrange your tax-saving for the year:
1. Check the tax-saving expenses you have already got – like insurance premiums, children’s tuition fees, EPF contribution, equity credit line compensation etc.
2. Deduct this quantity from Rs one.5 large integer to work out what quantity to speculate. You needn’t invest the whole quantity, if expenses area unit covering the limit.
3. select tax-saving investments supported your goals and risk profile. ELSS funds, PPF, NPS and stuck deposits area unit a number of the favored choices.

This way, you'll be able to discover the way to exhaust the 80C limit. it's best to start finance within the half-moon of the twelvemonth so you'll be able to unfold the investments over the year. Doing this won’t burden you at the top of the year and can conjointly enable you to create hep investment choices.

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COMPANY FORMATION IN INDIA

START-UP IDEAS TO BUILD A NEW INDIA

India has been recognized as one of the top start-up hubs in the world. Especially under the leadership of Narendra Modi there are several initiatives taken from the year 2016 to revolutionize the start-up businesses.
Start-up India Initiative is one such program taken by Prime Minister Narendra Modi which has benefited entrepreneurs across the country. This initiative was mainly take to support the economic growth and create better and more number of employment opportunities.

Let us look into the Facts and Figures of the Start-up India Initiative from 2016 till date:
NUMBER OF NEW START UPS REVOLUTIONIZED
- 16, 578 new start-ups recognized through 499 districts
- 47% of start-ups started from Tier 2 and Tier 3 cities
- A total of 1,66,385 fresh jobs Created by recognized start-ups.

REGULATION INITIATIVES TAKEN FOR SMOOTH FUNCTIONIG OF BUSINESS
1. Exemption from Income Tax Act of Section 56 for investment raised by start-ups upto Rs.25 Cr
2. Exemption from income Tax Act for investments raised by specified companies with no limits
3. 22 regulatory reforms implemented for ease of conducting business
4. Self certification regime for 6 Labour Laws and 3 Environmental Laws.

FUNDING AID TO START-UPS
- 66,000 Cr funding for start-ups with a corpus of Rs.10,000 Cr to support 8,000 companies
- 2151 Cr committed to 39 Venture Capitalist funds who have raised Rs.10,440 Cr
- 1819 Cr invested by Venture Capitalist in 255 companies, creating 29,895 employment opportunities.

INTELLECTUAL PROPERTY ASSISTANCE
1. 1031 Patent and Trademark facilitators to provide free support to start-ups
2. Rebate of 80% granted to 1403 start-ups for Patent filing fees
3. 50% rebate granted to 2672 start-ups for Trademark filing fees

CONSTITUTING INNOVATIVE INFRASTRUCTURE
- 260 Cr spent in establishing 2171 Atal Tinkering Labs in schools across 623 districts
- 7 Research Labs established with an amount of Rs. 665 Cr
- 77 new and existing incubators supported.

EASE OF NORMS PAVING FOR NEW AVENUES TO START-UPS
- For Government tenders the criteria for prior experience, minimum turnover and submission of money deposit is waived off.

STATE START-UP REVOLUTION
1. State Start-up ranking launched to enhance a healthy competitive spirit
2. Participation of 30 States and Union Territories
3. Seed funding aid to 3213 start-ups
4. 21 States have launched start-up policies
5. Start-up India Yatra conducted in 21 States to promote entrepreneurship in rural and non metro areas
6. Mentorship support to 76,146 entrepreneurs across 195 districts
7. 1314 start-ups offered free incubation.

START-UP INDIA HUB-A TOTAL DESTINATION FOR START-UP CULTURE
- Having a community of 3 lakh users and 599 investors, incubators and mentors
- 2,37,902 users have availed free Start-up India Learning Program to build business plans
- 647 start-ups supported through dedicated facilitation services
- 1262 start-ups connected to mentors.

As we can see that there are more than 10,000 start-ups being registered every month in India either as Private Limited, Public Limited, Limited Liability Partnership, Partnership or One Person Company, the government has taken huge steps that have benefited the start-ups. The facts and figures itself mentioned above are the success generated by the Modi held government. In India, the dream of becoming a successful entrepreneur is made a reality.

Start up India initiative is one of the best and biggest revolutions introduced by our present Prime Minister Narendra Modi apart from Swachh Bharath Abhigyaan, Make in India and others.

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Company formation in India | Company registration in India

Start a regulated and recognised business in India

To register business name in India, one must have to visit the official website of Ministry of Corporate Affairs (MCA) and have to apply for new business registration. MCA as sole business invigilator deals with complete administration of all businesses running under Companies Act, LLP act and various other allied acts. It is also responsible for regulating running business enterprises and helping new business ideas to get incorporated with no delay in grounded documentation.
Types of Companies
Considering legislations, one must have to choose a specific form of business to get it incorporated as :
Sole Proprietorship: It is a form of business which is run and governed by single individual. An advantage to this form is that it does not require any registration for incorporation and the owner enjoys unlimited liability.
Private Ltd Company : It is a restricted form of business in which no right is given to shareholders to transfer their shares, it is incorporated with a minimum of 2 members required and with a maximum limit of 200 members.
Public Ltd Company: It is a form of business which is incorporated in a regulated entity format having minimum number of members as 7 with no maximum limit. Companies getting applied for shares in the market are generally counted under Public companies.
Unlimited Company : In this form of business, an entity works with a team of members all having unlimited liability. It runs with a disadvantage of getting personal assets of the members into threat as it is stated that personal assets of the members would be used in cases the business gets into big unsettled debts.
One Person Company : It is a registered form of private company, which includes only one member as the sole owner and having at least one director (provided that owner could also declare himself as director).
Section 8 Company : These companies are registered to promote science, sports, art, social welfare, religion, charity, etc. They do not intent to earn maximum profit while generally these companies work for social causes and are mostly non profit making entities.
Nidhi Companies : These companies are generally registered as Non banking finance companies and are incorporated for increasing saving habit of associated members.
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Tips for Tax Saving Investment

Tax saving is that the strategy by that one saves taxes by victimization the provisions given underneath law. At the time of filing your come, you'll be able to seamlessly claim these exemptions and deductions from the tax department. Such provisions square measure provided by the govt to incentivize savings and investments within the economy. the method of tax saving is totally legal and inspired by the govt. it's a obligatory contribution to state revenue levied by the govt on staff financial gain and business profits or else to the value of some merchandise, services and dealings. Taxes paid by public square measure employed by the govt for closing numerous welfare schemes as well as employment programs. underneath section eighty of tax Act, 1961 (“Act”) there square measure numerous deductions a remunerator will claim from his total financial gain which might bring down his dutiable financial gain and thereby cut back his tax outgo.

Every year most people struggle to avoid wasting our tax and it would be difficult for the new earners or freshly recruited workers further. most typically used choice to save tax is section 80C. in line with this section, if a private or hindu undivided family (HUF) invests in or spends on given sources, then up to government agency one.5 lakhs of such investment are often claimed as a deduction from gross total financial gain before conniving tax collectible on that in fiscal year. Such deduction created are often claimed solely from the financial gain within the fiscal year within which such investment was created.

Tax saving investment is a necessary a part of tax designing we have a tendency to do to avoid wasting our tax Associate in Nursingd conjointly an activity which each and every tax money dealer ought to endure. So, here is all the knowledge and analysis we'd like so as to decide on the tax saving investment theme underneath section 80C:

Public provident fund (PPF): Investment in PPF is that the most suitable choice underneath section 80C of tax Act. it's worthiest for those UN agency ought to keep aside funds for his or her retirement. It declares to permit the come on par with the inflation typically. Contribution amounting government agency one hundred fifty,000 is allowed underneath PPF. Rate of interest is set by Ministry of Finance from time to time. Interest earned is nontaxable . The lock-in amount for PPF is fifteen years. once 5 years quantity are often withdrawn subject to bound conditions. it's amongst the most effective ways for tax saving.

5 year bank fastened deposits (FDs): Any term deposit with the tenure of a minimum of five years with the scheduled bank conjointly qualifies for the deductions underneath section 80C and also the interest earned on that is dutiable. The investment created in FDI can't be withdrawn in between. Equity joined Saving Schemes (ELSS): ELSS funds have the shortest obligatory lock-in amount of 3 years among the tax-saving investment choices accessible underneath section 80C. The investment is created in equity, directional additional outstanding returns and provides regarding V-J Day within the long run. The deduction are often claimed u / s 80C simply. ELSS is Associate in Nursing overall financial statement and is ideal to assemble one’s semipermanent financial goals.

National Savings Certificate (NSC): the most effective factor regarding this instrument is that not like Associate in Nursing insurance or a pension account NSC doesn't need a multi-year commitment. So, it's a decent possibility for those that don’t have time to check the options of the set up or hunt to the promising ELSS funds. it's issued within the post offices. The tax deduction for this investment are often claimed underneath section 80C of the Act.

Unit joined Investment set up (ULIP): ULIP came into focus from last year once the budget introduced tax on semipermanent capital gains from stocks and equity funds. it's the mixture of investment and insurance that is eligible for tax exemption. It covers the come however there aren't any bonded returns.

Premium of life insurance: The theme is roofed underneath section eighty of the Act. The schemes of insurance facilitate someone to safeguard itself and its dependents from any risk occurring in future.

Senior voters Savings theme (SCSS): SCSS was already the most effective tax-saving possibility for those higher than sixty years elderly, however last year’s budget created it additional engaging by giving senior voters a further government agency fifty,000 exemption on interest financial gain. this implies that the general tax exemption for senior voters higher than sixty is currently government agency three.5 lakhs and for terribly senior voters higher than eighty is government agency five.5 lakhs. most limit for the higher than mentioned investment is government agency fifteen Lakhs. The lock-in amount of five years. The deduction is allowed underneath section 80C. (Company Formation)

Above expressed square measure the investments which give deductions that may be claimed underneath section 80C for saving the tax, considering numerous provisions. The half-moon of each fiscal year that's Gregorian calendar month to March is that the time once most people rush to settle our tax saving exercise by submitting the documents to our employers and conjointly creating numerous investments. Doing this we should always confine mind some small print or measures that we should always see exercise the tax saving profit. constant are mentioned in our next section.
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