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What is Sole Proprietorship Firm ?

It's a single person firm. Remember, it's not a company; it’s a good way to start a business with less costing &less compliance. It needs only one person for the legal registration.

How long does it take to establish a business with a sole proprietorship?

A sole proprietorship business does not take more than 5 days to open-up & get running. This makes it popular among the small traders and merchants.

What documents are required for starting a sole proprietorship?

To start a sole proprietorship, you need an address and identity proof, PAN card, all KYC documents and rental agreement or sale deed.

How are sole proprietorships treated for tax purposes?

Sole proprietorships are not treated separately. Any profit derived from your sole proprietorship is treated as your personal income and is accounted for on your individual tax return.

Is a written partnership agreement required for every partnership?

No. However, it is a good decision for partners to work out the details of partnership and create a written agreement.

Are there special rules for running partnerships?

Unlike corporations, partnerships are relatively informal business. Partnerships aren't required to hold meetings, prepare minutes, elect officers, or issue stock certificates. Partners share equally in the management and assume equal responsibility for its debts & liabilities.

Are owners of a partnership personally liable for business debts?

Legally, a partnership is inseparable from its owners. As a result, each partner is personally liable for the entire amount of any business-related obligations.

How many partners can be there?

A partnership have atleast two partners and maximum of 10 partners in case of banking business and 20 partners for other class of business.

What is LLP?

LLP is defined as partnership formed and registered under the Limited Liability Partnership Act, is an alternative corporate business form that gives the benefits of limited liability of a company and flexibility of a partnership.

How can a person become a partner of an LLP?

Persons, who subscribed to the ‘Incorporation Document’ at the time of incorporation of the LLP, shall be partners of the LLP. New partners can be admitted in the LLP as per the requirements of LLP Agreement.

Whether audit of all LLPs would be mandatory?

Every LLP, whose annual turnover exceeds Rs. 40Lakhs or the total contribution of its partners gets above the limit of Rs. 25Lakhs, is a mandatory need to get its accounts audited every financial year, strictly in accordance with the rules provided in the LLP Rules by 2009.

What is an LLP agreement?

An LLP agreement is not compulsory, however the legislation does provide for a default agreement. If an LLP has a partnership agreement it may be verbal or written. It is a formal agreement that governs members’ mutual rights in relation to each other and the LLP.

How many people can be a member in OPCs?

A person can be member in only one OPC.

Is there any limit for an OPC to mandatorily get converted into either private or public company?

In case the paid up share capital of an OPC exceeds fifty lakh rupees or its average annual turnover of immediately preceding three consecutive financial years exceeds two crore rupees means then it has to be converted into private or public company.

Who is eligible to act as a member of an OPC ?

Only an Indian citizen who has resided in India shall be eligible to act as a member and nominee of an OPC. The term "resident in India" means a person who has stayed in India for a period of not less than one hundred and eighty two days, immediately preceding one financial year.

How can I register a One Person Company?

One Person Company can be registered like Private Limited Company, where all the rules and regulation are laid down by the Ministry of Corporate Affairs

What is a Private Limited Company ?

A type of company that offers limited liability, or legal protection for its shareholders, but places certain restrictions on ownership. These restrictions are defined in the company’s bylaws and are meant to prevent any hostile takeover attempt.

Is there any qualification to become a director or shareholder in a Private Limited Company ?

No professional or educational qualification is required for becoming a director of a company.

Is it allowed to change the registered office of the company after registration ?

A private limited company can change its registered office any time after following specified procedures.

Is it possible for two Foreign Companies to form a Company in India?

Yes, representatives of these companies may be appointed as Directors in Indian Company, one of them should be an Indian Resident.

What are the Requirements for setting up a Public Limited Company in India ?

There has to be a minimum of Seven Shareholders and Three Directors, for setting up a public limited company. The directors can also be shareholders.

What is a public company ?

A public company is a company that has permission to issue registered securities to the general public through an initial public offering. A PLC's stock is offered to the general public and can be acquired by anyone, during an initial public offering or through trades on the stock market.

What are the Advantages of Registering a company as a Public Limited Company ?

A public limited company can have a huge magnitude of capital, much more than that gathered by a private limited company. It is legally authorized to trade on stock exchanges. There is no limit to the maximum number of shareholders in a public limited company.

Can an NRI/Foreign National be a director in the Public Limited Company ?

Yes, an NRI can be a shareholder or director in a public limited company of India. Since, becoming a director, a person must possess the DIN issued by MCA.

What is a section 8 company ?

A Non-profit organization in India can be registered as a society or a Trust under the register of societies as a private limited non-profit company under section 8 of the companies act, 2013.

Whether the provisions of CSR are applicable to section 8 companies ?

Since section 8 companies are supposed to apply their profits in promoting The objects such as commerce, art, science, sports, etc., these companies are not required to follow CSR provisions.

How many directors are required for a section 8 company registration ?

A minimum of two directors is required for a section 8 company registration.

Can Section 8 Company distribute its profit to anyone ?

Profit of Non Profit Company can only be used for promotion of the charity work in which it is involved. Even distribution of profit to its promoters is not allowed.

Is PAN mandatory for obtaining GST registration ?

PAN is mandatory for obtaining GST registration. In case of Proprietorship, the PAN of the Proprietor can be used. In case of a Company, PAN must first be obtained for the entity making the GST registration application.

Is GST charged on exported goods and services ?

No, GST is a consumption based tax. Because the place of consumption is outside India there is no GST on exported goods and services.

What is GSTIN ?

Goods and Services Tax Identification Number (GSTIN) is a 15 digit state-wise PAN-based number to be used to identify businesses registered under the GST.

How the Scheme is funded ?

The ESI scheme is a self-financing scheme. The ESI funds are primarily built out of contribution from employers and employees payable monthly at a fixed percentage of wages paid.

Who administers the ESI Scheme ?

The ESI Scheme is administered by a corporate body called the ‘Employees’ State Insurance Corporation, which has members representing Employers, Employees, the Central Government, State Government, and the Parliament.

What is an ESIC Code number ?

It is a 17 digit identification number allotted by the Regional Office on receipt of Form-01 or Survey report from the Social Security Officer, which is to be used by the employer in all the correspondence with the ESI.

Is it mandatory for the Employer to register under the ESIC Scheme ?

It is the responsibility of the employer under Section 2-A of the Act read with Regulation 10-B, to register the Factory/Establishment under the ESI Scheme within 15 days from the date of its applicability.

What is an Employee's Provident Fund ?

It is the social security legislation benefit of employees and their dependents in case of retirement, disability, sickness or unemployment in the future.

Is the interest on PF taxable ?

No, interest earned by an employee on his Provident Fund balance is not taxable.

What happens to my PF contribution if I leave my present employer ?

In case you leave your present employer, you can either transfer your balance from the RPFC of the present employer to RPFC of the new employer or you can withdraw the funds.

Can I get a loan against my PF accumulated balance ?

Depending upon the purpose, you can get two types of Loans against your PF balance-Non-refundable Loans and Refundable Loans. Refundable loans have to be repaid via monthly instalments. Non-refundable Loans are like withdrawals.

Who requires an IEC ?

Any person/ company starting a venture for International trade.

What is the use of import export code ?

Import Export Code is a registration required for persons importing or exporting goods and services from India. IE Code is issued by the Directorate General of Foreign Trade, Ministry of Commerce and Industries, Government of India.

Can Export/Import be made without IEC ?

No. IEC forms a primary document for recognition by Govt. of India as an Exporter/ Importer.

Under what circumstances importer exporter code is not required ?

Import/export of goods for personal use, which is not connected with trade, manufacture or agriculture. Import/export by government ministries and departments, and certain notified charitable organizations.

Who Collects Professional Tax ?

Professional tax is collected by the employers from the monthly salaries. It is then paid by them to the government. If you are not working for anyone then you are liable to pay the professional tax yourself.

Who are required to obtain a Certificate of Registration (RC) ?

Every employer who is liable to pay Profession Tax on behalf of his employees, whom he pays salary/wages in the taxable limit, is liable to obtain a Certificate of Registration.

Who is responsible for deducting Professional Tax ?

The employer is responsible for deducting professional tax from employees’ salaries and paying the collected amount to the appropriate state government. An employer has to furnish a return to the tax department in prescribed form along with the proof of tax payment.

What is the maximum amount of Professional Tax to be paid ?

The maximum amount payable per annum towards professional tax is INR 2,500. The professional tax is usually a slab-amount based on the gross income of the professional.

What is the Classification under MSME Registration ?

A) Micro industries B) Small industries C) Medium industries

How does MSME help me get a loan from a bank ?

MSME is recognized by all the institutions & banks. Banks prefer MSME instead of normal enterprises to lend loans. The possibility of getting a sanctioned loan is much higher in a case of MSME.

Is MSME Registration voluntary or mandatory ?

MSME registration is totally voluntary. Businessmen & entrepreneurs usually get this done to utilize the advantages offered under it. The registration process is quite easy and simple.

For how long is an MSME Provisional Registration Certificate (PRC) valid ?

The validation of a PRC is for 5 years and if the unit is still not under operational then you may still re-apply for it. As soon as you start operations, you can easily apply for the Permanent License.

What are the objectives of the Shops & Establishments Act ?

Every Indian state has enacted certain rules and regulations with regard to conditions of work. The objective is to secure uniform benefits for employees working in different establishments like shops, residential hotels, restaurants, theatres and other places of public amusement or entertainment.

What are the regulations under the Shop and Establishment Act ?

This Act sets rules for working hours per day and week, opening and closing hours, closed days, national and religious holidays, overtime work, rules for employment of children, young persons, and women, rules for annual leave, maternity leave, sickness and casual leave, rules for employment and termination of service, maintenance of registers and obligations of employers as well as employees.

What is the procedure for getting a registration certificate under shops & Establishment act ?

Within 30 days from the date of commencement of business, the employer of shop or establishment has to send an application in prescribed form to the inspector in charge.

What are the documents required at the time of registration ?

PAN card, Identity proof, Commercial address proof and other licenses required to start a business.

I import food items for sale in India. Do I need a license from FSSAI ?

You are required to obtain a central license from the address contained in Import Export Code. A FSSAI central license is required to export as well as to import.

We manufacture only food additives. Do I need a license from FSSAI ?

FSSAI license is mandatory for a kind of food processing like manufacturing, trading, distribution & transportation. Therefore, you shall need a license from FSSAI.

Who is the regulatory authority under the Food Act in India ?

Food Safety and Standards Authority of India in association with State Food Authorities are responsible for implementation &enforcement of FSSAI.

What does FSSAI do ?

The mandate assigned to the Food Authority is (I) to regulate manufacture, storage, distribution, sale and import of food (II) to facilitate food safety.

Who is supposed to pay Income-tax ?

Income-tax is to be paid by every person. The term 'person' includes Individual, Hindu Undivided Families, Association of Persons [AOPs], Body of individuals, Firms, LLPs, Companies, Local authority and any artificial juridical person not covered under any of the above.

How will I know how much Income-tax I have to pay ?

The rates of Income-tax and corporate taxes are available in the Finance Act passed by the Parliament every year.

I am an agriculturist. Is my income taxable ?

Agricultural income is not taxable. However, if you have non-agricultural income, then while calculating tax on non-agricultural income, your agricultural income will be taken into account for rate purpose.

What is a return of income ?

It is a prescribed form through which the particulars of income earned by a person in a financial year and taxes paid on such income are communicated to the Income-tax Department.

What is GSTR-3B ?

GSTR-3B is a simplified summary return and purpose of the return is for taxpayers to declare their summary GST liabilities for the tax period and the discharge of these liabilities in a timely manner.

What is GST Return ?

Under GST, a registered dealer has to file GST returns which include Purchases, Sales, Output GST (On sales) and Input tax credit (GST paid on purchases) To file GST returns, GST compliant sales & purchase invoices are required.

What are the types of GST return ?

GSTR1, GSTR2, GSTR3, GSTR3B and GSTR9. These are mandatory for regular business enterprises.

GSTR 1 filing mandatory ?

GSTR 1 needs to be filed even if there is no business activity (NIL return) in the tax period

Who is required to file TDS/TCS return ?

As per Income Tax Act, 1961, all corporate and government deductors are compulsorily required to file their TDS/TCS returns on electronic media. However, deductors other than corporate/government also file their returns.

Is there any penalty for non-filing of TDS / TCS statements ?

If the TDS/TCS statement is not filed for one year from the due date of filing, there would be a penalty of minimum Rs. 10,000.00 to Rs. 1,00,000.00 for not filing TDS /TCS statement under section 271H of the IT Act, 1961.

What is Form No. 27A ?

Form No. 27A is a control chart of quarterly e-TDS/TCS statements to be filed in paper form by detectors along with quarterly statements. It is a summary of e-TDS/TCS returns which contain totals of 'amount paid' and 'income tax deducted at source.

How do I know whether I am a Government deductor or not ?

All Drawing and Disbursing Officers of Central & State Governments come under the category of Government deductors.

What are the Benefits of ESI ?

The Employees registered under ESI are entitled to medical treatment for themselves and their dependents, unemployment cash benefits and maternity leaves for women employees.

What is an annual return ?

Every ESI registered Company has to file their return half-yearly and annually returns. They also have to submit the ESI contribution paid every half yearly, the period of contribution is 1st April to 30th September and 1st October to 31st March, which has to be given to the nearest branch office or ESIC regional commissioner.

What are the reasons for ESI Return Filing ?

(i) It is a mandatory and continued compliance. (ii) ESIC strives to provide medical and sickness benefits. If the returns are not filed appropriately, employees may not be able to avail these benefits.

Are the benefits, grants to the insured employees are transferable ?

No, the right to receive any benefits under this act is not transferable.

Is Contribution to Employee Provident Fund Mandatory ?

Yes, contributing to EPF is mandatory for the employees who have a basic salary plus dearness allowance is up to Rs.15, 000. Those who are earning above Rs.15, 000 may contribute voluntarily.

Is there any other benefit of EPF ?

One more benefit of the EPF account holder is that it gives a life insurance cover of Rs.60, 000. This comes from the Employees Deposit Linked Insurance Scheme and for this employers have to contribute 0.50% of your monthly basic pay as a premium for your life cover.

What is the accounting year for Provident fund account ?

Accounting year is from March to February.

What is the Contribution for Provident Fund both by the Employer & Employee ?

The Employee contributes 12% of his /her Basic Salary & the same amount is contributed by the Employer

Whether compliance with ROC is mandatory to Company ?

Registrar of Companies is the official agency that falls under Ministry of Corporate Affairs. All the Companies incorporated under the Companies Act, 1956 are mandatory required to file various forms, returns and documents with the Registrar of Companies.

What are the various ROC Compliances Companies have to do ?

Companies have to by file various return, forms and documents. The filing can be made in two ways. (I) Annual compliance filling – Compliances which are required to be made once in a year. (II) Other Compliance filling – Compliances which are required to be made from time to time.

What are the documents which are maintained by the Private Limited Company ?

Maintenance of books of accounts, Resolutions & Minutes of the Board Meeting and General Meetings and Share Register & Share Certificate.

Who should sign Annual filling E-forms ?

Annual return is required to be signed digitally by a Director of the company and a CS.

What is the process of changing Company Name ?

The existing company needs to reserve the name through ‘RUN’. After the name is approved, MGT-14 needs to be filed. Form INC-24 (Application for approval of Central Government for change of name) needs to be filed to give effect to change in name.

Will I receive a new Certificate of Incorporation stating the new company name ?

As soon as Companies House has accepted the name change, the new company name is entered on the register in place of the old name and a 'Certificate of Incorporation on Change of Name' is emailed to you. This certificate states, both the previous & the new company name and the date that the new name came into effect.

Is director meeting is required for the company name change ?

Yes, Company to prepare minutes and resolutions of a director's meeting recommending the name change to the members of the company.

Is necessary to register the new name as the registered trademark ?

Company has to register the name as a registered trademark if and when required.

What is the procedure for changing registered office from one state to another state ?

The company needs to amend the MOA for changing the registered office from one state to another state. A special resolution needs to be passed by the company for alteration in the MOA.

Is the company has to pass the board resolution for the registered office change outside the local limits ?

The Company has to pass a special resolution in a general meeting, if it wants to change the registered office to a place which is outside the local limits of the city, town or village in which the registered office is presently located.

What is the procedure to change registered office with a different ROC but Same State ?

If the company wants to change the registered office from the jurisdiction of one ROC to the other ROC means it has to apply for the approval of Regional Director in the prescribed format. Once the Regional Director confirms this change, it has to file the same confirmation the ROC within 60 days.

How many days are required to change in situation of registered office ?

Every change of the situation of the registered office shall be notified to the Registrar within 15 days of the change. Hence, any change in the registered office of the company shall be filed with the ROC within 15 days in form INC-22.

What should I know before change of directors in Private Limited Company ?

For removal or addition of director in Private Limited Company, the consent of the members of the company shall be obtained by Ordinary Resolution. The number of directors cannot be less than 2 after the changes taken place.

Can I appoint and remove directors in my company at the same time ?

The procedure of change of directors in Private Limited Company can be carried on simultaneously. Hence, Removal and Addition of directors can be carried at the same time.

Can I resign myself from the company ?

Yes, a director can voluntarily resign from the company. The resigning director needs to file request form with MCA to intimate about the resignation from the Company.

My director has filed his resignation, what should I do now ?

Once the director has filed his resignation with the company, it is the responsibility of the company to intimate the change to MCA. The requisite e-form is required to be filed within 30 days of the resignation.

Is board approval is mandatory to increase the authorized capital of company ?

The increase in authorized capital must be approved by the Board of directors of the company.

What are the forms & attachments submitted to register of companies to increase authorized capital ?

Form SH-7 is required to be filed for Increase in Authorized Capital. The attachments are Board Resolution, Notice of EGM Explanatory Statement, Resolution passed in the Extra Ordinary General Meeting and Altered Copy of MOA.

Where to verify whether my company is able to increase the authorized capital ?

Check the articles of association (AOA) of the company to verify whether necessary power is there to increase authorized capital of company.

Whether I want to alter MOA and AOA of the company in increasing authorized capital ?

For successful increase in the authorized share capital of the company, clause V of MOA and clause IV of AOA of the company needs to be altered.

What is paid up capital ?

Paid-up capital is the amount of shares that the company has received in full from the shareholders.

When must I pay the paid up capital and where ?

The issued share capital must be paid up immediately after incorporation and deposited into the company’s bank account.

Whether the paid-up capital that injected into the company bank account can be withdrawn ?

Yes. You can start using the fund for valid business needs right after company has been set up.

What is the procedure to change company object ?

A board meeting must be conducted after giving notice to all the directors for a general meeting to pass a special resolution of altering the MOA of the Company.

What is the Object Clause of the memorandum of the company ?

Object clause is the clause in the MOA of the company which defines the main business activity of the company. It defines the main objects that the company is going to pursue after incorporation.

Is there any form to be submitted with the registrar for the object change ?

Form MGT-14 is required to be filed with the Registrar. Attachments with form MGT-14 are certified copy of the resolution, Notice of Extra ordinary General Meeting, Explanatory statement to the notice and Altered Memorandum of Association.

What are all included in Memorandum of Association of the company ?

(a) Name Clause, which contains name of the Company, (b) Registered Office Clause which, contains State of India where registered office is situated. (c) Objects clause of the Company and matters considered necessary in furtherance thereof, (d) Liability Clause, which defines liability of members of the company; (e) Share Capital clause, which defines Authorized share capital of the company.

What are all the sections deals with the process of winding up an LLP ?

Sections 63, 64 and 65 LLP Act 2008 regulates the process of winding up an LLP.

What is the rules deal with the process of winding up an LLP ?

Voluntary winding up & winding up by the Tribunal are the two type deal with the process of winding up an LLP.

What is the declaration of solvency in case of proposal to wind up voluntarily ?

When it is proposed to wind up an LLP voluntarily, the majority of its designated partners shall make a declaration in Form No. 2 verified by an affidavit to the effect that the LLP has no debt or that it will be able to pay its debts in full within a specified period, but not exceeding one year from the commencement of the winding up.

Who act as the ‘Liquidator’ if winding up of an LLP by the Tribunal ?

For the purposes of winding up of an LLP by the Tribunal or for the appointment of Provisional Liquidator, there shall be a ‘Liquidator’ who may be either an ‘Official Liquidator’ or a Liquidator appointed by an order of the Tribunal from the panel maintained by the Central Government.

What is the law governing the procedure of Winding up in India ?

Section 270 of the Companies Act 2013, lays down the procedure for winding up of a company. It provides two ways of winding up (I) By the tribunal and (II) Voluntary

What is Voluntary Winding up of a company ?

(I) If the company passes a special resolution for winding up of the Company. (II) The company in general meeting passes a resolution requiring the company to be wound up voluntarily as a result of the expiry of the period of its duration or on the occurrence of any event in respect of which the articles of association provide that the company should be dissolved.

Whether the liquidator is appointed to winding up of the company ?

Yes, an administrator, usually denoted as a liquidator, is appointed in the context of winding up of a company. The liquidator takes control over the company, assembles its assets, pays the debts of the company and finally distributes any surplus amongst the members according to its liabilities.

What are the types of Voluntary winding up ?

1. Members’ voluntary winding up: Winding up the company voluntarily under the supervision of members whereby declaration of solvency is made by the Board and the same has been filed with the Registrar. 2. Creditors’ voluntary winding up: Winding up Company when the declaration of solvency is not made by the directors and the Creditors of the Company's control and supervise the entire process.

Why do I need bookkeeping ?

Having good bookkeeping will ensure you have efficient accounting systems. This helps you manage critical components of your business.

Why should I outsource bookkeeping ?

Most small and medium business owners do not have the knowledge, time or ability to effectively perform their bookkeeping duties. Outsourcing a bookkeeper will provide you with the time required to focus on your businesses operations.

Can’t my accountant or data entry person do my bookkeeping for me ?

Some accountants do offer bookkeeping services, but most prefer to focus on the higher end processes such as legal and tax management. They also charge considerably more than a bookkeeper. Some data entry people are able to perform, but they are much more limited in what they are qualified to do.

How much does a bookkeeper cost ?

First Class Accounts bookkeepers operate their own businesses and therefore charge different rates. Contact us for more information.

Why do I need a Digital Signature ?

A Digital Signature authenticates your identity electronically. It also provides you with a high level of security for your online transactions by ensuring absolute privacy of the information exchanged using a Digital Signature.

Where can I use Digital Signature ?

For sending and receiving digitally signed and encrypted emails. For carrying out secure web-based transactions IneTendering, eProcurement, MCA [for Registrar of Companies efiling] and in filing Income Tax For signing documents like MSWord, MSExcel and PDF.

Can digital signature be used in wireless networks ?

Yes, digital signature can be employed in wireless networks.

What are the benefits in outsourcing my payroll requirements ?

Outsourcing your payroll requirements gives you the freedom to re-allocate your resources to deal with more important, revenue-generating activities. It may also enable you to run your payroll in a more cost-effective manner. Outsourcing will lighten the load on your internal services as ‘Buzypro’ will retain the payroll records on our systems.

Who is the payroll service suitable for ?

Our payroll service is suitable for companies of all sizes with both local and expatriate staff. ‘Buzypro’ payroll specialists have considerable experience in dealing with both types of employees.

Do you offer transparent pricing ?

Don’t get caught out by hidden costs. Many payroll services appear to be cost effective but contain a pile of additional costs for regularly occurring payroll activities. We offer you only reasonable & transparent prices.

Are you using the most advanced payroll platform ?

Our advanced payroll platforms are cloud based and offer an Application. It has functionality that enables you to use it in your internal payroll system. You can file your taxes on schedule, but also can customize its services to meet your changing needs over time.

WHAT IS PAN ?

It is a ten-digit alphanumeric number, issued in the form of a laminated card, by the Income Tax Department, to any “person” who applies for it or to whom the department allots the number without an application. PAN enables the department to link all transactions of the “person” with the department.

What is the Purpose of having PAN card ?

The purpose of having a pan card is strengthened from the fact that from 1 January 2005 it has been made mandatory to quote Permanent Account Number (PAN) on challans for any payments due to Income Tax Department (ITD), while filing returns of income and all correspondence with any income tax authority. Thus Purpose of having Pan Card has become mandatory.

How do I apply for a new PAN card (Form 49A), what are its charges? What documents should be submitted ?

You can apply for a new PAN card by filling up an online form (49A) You have to submit Two Passport size photographs Proof of Identity Proof of Address Proof of Date of Birth

How do I apply for Changes/Correction in PAN details, What are its charges? What documents should be submitted ?

You can apply for Changes/Correction in your PAN card by filling up an online form. You have to submit Two Passport size photographs Proof of Identity Proof of Address Proof of Issuance of PAN card

Who must apply for TAN ?

All those persons who are required to deduct/collect tax at source on behalf of Income Tax Department are required to apply for and obtain TAN.

Who will allot TAN ?

TAN is allotted by the Income Tax Department on the basis of the application submitted online at NSDL e-Gov -TIN website.

What documents should be submitted along with the TAN application ?

No documents are required to be submitted along with the application for allotment of TAN. However, where the application is being made online, the signed acknowledgment which is generated after filling up the form should be forwarded to NSDL e-Gov.

How can I enquire about the status of my application ?

You can inquire the status of your application by accessing NSDL e-Gov -TIN website at the "Status track" option and quoting your unique 14-digit acknowledgement number after three days of your application date.

How to select a good trademark ?

If it is a word it should be easy to speak, spell and remember. The best trademarks are coined words or unique geometrical designs.

What is the function of a trademark ?

Under modern business condition a trademark performs four functions It identifies the goods / or services and its origin. * It guarantees its unchanged quality * It advertises the goods/services * It creates an image for the goods/ services.

What are the benefits of registering a trademark ?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country.

Can any correction be made in the application or register ?

The basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

What is the scope of protection in the Copyright Act, 1957 ?

The Copyright Act, 1957 protects original literary, dramatic, musical, artistic works and cinematograph films. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, and methods of operation.

Is it necessary to register a work to claim copyright ?

No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

What is the fee for registration of a work under the Copyright Act, 1957 ?

One can pay fee in favor of ‘Registrar of Copyrights’ payable at ‘new Delhi’. The fee is not reimbursable in case of rejection of the application.

Whether computer Software can be registered ?

Yes. Computer Software can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables and compilations. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.

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