Finance

Track PAN Card Application Status

Track PAN Card Application Status | How To Track Your PAN Card Application Status Online?

Track PAN Card Application Status: Tracking of PAN Card application status has become way easier. Various modes are provided to help one track their PAN Card application status online. But before gaining more information on how to track the status of a PAN Card, one should be aware of how to apply for a PAN Card. The process is given below.

What is the Method for Applying for a New or Duplicate PAN Card?

Both online and offline submission of applications for a new PAN Card or duplicate PAN Card is available. One can apply through various websites, any time they want, from the comfort of their home, in the case of the online mode, whereas in the offline mode, one can go to their nearest TIN-FC Centre and submit their forms.

The process of applying online for a new PAN Card through the NSDL website is given below:

  1. Click on the link to open the online portal https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html
  2. Next, click on the ‘Apply Online’ tab and choose the type and category of application.
  3. Fill in the various spaces of the form with the required information and the captcha code.
  4. As a consequence, a token number will be produced. (Using this number, one can either fill out the form later or continue filling it at that time. If one fills out the form later and opens the link after a certain point of time, then they can directly click on the ‘Registered User’ tab and fill in their e-mail id and date of birth details along with the token number.)
  5. Now, on the screen, the form will appear asking for more personal details. Input all the required information.
  6. Click on submit after attaching the required documents.
  7. Before clicking on the Proceed to the Payment button, check and verify the provided details in the preview and then click.
  8. Lastly, download the pre-filled application form, which is generated after the payment, and print it.

Why is it Important to Check the PAN Card Application Status?

After applying for the PAN card, it typically reaches the individual within a span of 15 to 20 days. Within that span, one can check the status of their PAN application for discrepancies, and if found, then resolve them accordingly within time. Hence, it is important to check the status of the PAN card until it arrives.

What is the Process for Tracking the Status of the PAN Card Application?

One can easily track the status of an individual’s PAN Card application using any of the three modes. A detailed description of the modes is provided below:

  1. Through Call Service: An individual can call the number 020-27218080 at the TIN call center to track their PAN application status. One only needs to provide their15-digit acknowledgment number of the PAN application.
  2. Through SMS Service: An individual can track the status of their PAN application via SMS too. One only needs to send their 15-digit acknowledgment number of PAN application to ‘57575’, and they will receive a status SMS.
  3. Through Online Service Providers: With the help of various service providers, one can easily track the status of an individual’s PAN application online. Some of the service providers are mentioned below:
    1. By TIN NSDL
    2. By UTIITSL
    3. By E-Mudhra

While checking the status of the PAN, one must remember to check it only through the website provided by the service provider from which the individual has applied for their PAN. Those who have applied physically at the TIN-FC Centre can check the status through the website of NSDL.

Get To Know How to Cancel PAN If You Have More Than One PAN from here

The process of checking PAN status using the modes mentioned above is explained in brief below:

 Using NSDL, Check the Status of the PAN Card

On the NSDL website, using the acknowledgment number, one can find the option to check the status of their PAN card. The process is mentioned below:

  1. Firstly, visit the NSDL portal.
  2. Select ‘PAN – New or Change Request’ for the field of ‘Application Type.’
  3. In the provided box, enter the ‘Acknowledgement Number.’
  4. In the box, enter the displayed captcha code.
  5. Lastly, click on the option of ‘Submit,’ and the screen will display the status.

Using UTIITSL, Check the Status of the PAN Card

While checking the PAN card status through UTIITSL, one must keep their application coupon number readily available. The process for checking is mentioned below:

  1. Firstly, visit the UTIITSL portal.
  2. If an individual has applied for a change or correction to their PAN Card, they can enter their ‘Application Coupon Number’ or ‘PAN Number.’
  3. In the box, enter the displayed captcha code.
  4. Lastly, click on the option of ‘Submit,’ and the screen will display the status.

 Using e-Mudhra, Check the Status of your PAN Card

If an individual has applied for their PAN card through E-Mudhra, then they should follow the process mentioned below:

  1. Firstly, visit the E-Mudhra portal.
  2. Enter the ‘Application number’ of the individual, which was generated while applying for their PAN, and enter their ‘Date of Birth.’
  3. In the box, enter the displayed captcha code.
  4. Lastly, click on the option of ‘Submit,’ and the screen will display the status.

FAQ’s on Track PAN Card Application Status

Question 1.
What is a PAN Card?

Answer:
The Permanent Account Number or PAN is a ten-digit alphanumeric code issued by the income tax department, allocated to every individual for performing various financial transactions. The PAN Card remains valid for the entire lifespan of the cardholder.

Question 2.
What are the required documents to check one’s PAN Card status?

Answer:
The portal through which an individual has applied for their PAN Card will determine the required documents. For each portal, different documents are needed.

  1. For NSDL, the required document is the acknowledgment number.
  2. For UTITSL, the required document is the Application Coupon number.
  3. For the E-Mudhra Portal, the required document is the application number.

Question 3.
Using a PAN status printout, can one open a savings bank account?

Answer:
Yes, one can. For opening a savings bank account, banks do accept the printout of PAN status.

Question 4.
Using Acknowledgment or Application Number, how can one track their PAN Card Application Status?

Answer:
Using the acknowledgment or application number, one can track their PAN Card status by using calls, SMS, TIN, NSDL, e-Mudhra, or UTI.

Question 5.
When an individual’s PAN status shows that their pan card is under printing, how many days will it take for their PAN card to reach them?

Answer:
Usually, after applying for a PAN Card, individuals will receive their PAN Card within 21 days, but there are certain cases where the number of days varies.

Question 6.
When an individual’s PAN Card status shows that no matching record has been found, what does it signify?

Answer:
If the PAN status displays this message, then it means that the PAN issuing authority has not received their application, and they should urgently send an e-mail or call the respective authority for further details.

Question 7.
How can one check the application status of UTI PAN?

Answer:
It is very simple. Go to the UTI PAN Card website and enter the application coupon number along with the captcha code. Click on the Submit button, and the screen will display the status.

 

Independent Auditors Report | Components and Annexures of an Auditor’s Report

Independent Auditors Report: An auditor’s report is a penned letter from the Auditor carrying their judgment on whether the financial statements of a firm are free from material misstatement and the statements do comply with GAAP- Generally Accepted Accounting Principles.

The external and independent audit report is typically published with the annual report of the Company. The Auditor’s report is critical because creditors and banks require an audit of the financial statements of the provided Company before lending to them.

How Does Auditor’s Report Work?

An auditor’s report is a penned letter attached to the financial statements of a company that states the opinion on the compliance with standard accounting practices of a company. The Auditor’s report is needed to be filed with a public financial statement of the Company when reporting earnings to the SEC-Securities and Exchange Commission.

However, an auditor’s report is not considered as an evaluation of whether a company is a reliable investment. Also, the audit report is not a study of the earnings performance of a company for the period. Instead, the report is simply a standard of the reliability of the financial statements.

Components of an Auditor’s Report

The Auditor’s letter serves a standard format, as established by GAAS- Generally Accepted Accounting Standards. A report ordinarily consists of three paragraphs.

  1. The first paragraph declares the responsibilities of the directors and Auditor.
  2. The second paragraph holds the scope, stating that a set of practices of standard accounting was the guide.
  3. The third paragraph holds the Auditor’s opinion.

On another function of the entity, an additional paragraph may inform the investor of the results of a separate audit. The investor will pay emphasis on the third paragraph, where the opinion is affirmed.

On the findings by the Auditor, the type of report issued will be dependent.

Below mentioned are the most prevalent types of reports issued for companies.

Unqualified or Clean Report

A clean or unqualified report indicates that the Company’s financial records conform to the guidelines set by GAAP and are free from material misstatement. A majority of audits end in clean or unqualified opinions.

Qualified Opinion

A qualified opinion may be issued in two situations:

  • first, if material misstatements that are not pervasive are present in the financial statements; or
  • second, if sufficient appropriate audit evidence on which to base an opinion is not obtained by the Auditor, but the potential effects of any misstatements material are not pervasive.

For example, a mistake that might have been made in calculating profit or operating expenses. Auditors typically affirm the specific areas and reasons where the issues are present so that the Company can fix them.

Adverse Opinion

An adverse opinion implies that the Auditor has concluded that misstatements in the financial statements are both material and pervasive after obtaining sufficient audit evidence. For a company, an adverse opinion is the worst possible outcome and can have legal ramifications and a lasting impact if not corrected.

Investors and Regulators will reject the financial statements of a company following an adverse opinion from an auditor. Also, corporate officers might face criminal charges if illegal activity exists.

Disclaimer of Opinion

A disclaimer of opinion implies that, for some cause, the Auditor is incapable of obtaining sufficient audit evidence on which the opinion will be base, and the possible effects on the financial statements of undetected misstatements, if present, could be both pervasive and material. Examples can include when an auditor wasn’t allowed access or can’t be impartial to certain financial information.

Opinion Made On The Report On The Audit Of The Financial Statements

The audited and accompanying financial statements, which comprise the balance sheet as of March 31, 2019, and statement of cash flows for the financial year then ended, and the Statement of Profit and Loss and notes to the financial statements, including a summary of additional explanatory information and significant accounting policies.

In such circumstances, the best opinion is to provide the information according to the explanations provided in the aforesaid financial statements give the information needed by the Companies Act, 2013 (‘Act’) in the manner so needed and provide a true and fair prospect in conformity with the accounting principles commonly accepted in India, of the state of affairs of the Company as at March 31, 2019, its cash flows and profit (or Loss) for the year ended on that date.

Foundation for Opinion

As mentioned under Section 143 (10) of the Companies Act, 2013, one should conduct ou audit in line with the auditing criteria indicated. The responsibilities specified of individual companies under those standards are further described in the responsibilities of the Auditor for the audit of the financial statements section of the Company’s report.

In accordance with the code of ethics declared by the Institute of Chartered Accountants of India, people are independent of the Company together with the ethical requirements that are relevant to people’s audit of the financial statements under the rules and the provisions of the Act thereunder, and people must fulfill their other ethical responsibilities in accordance with the code of ethics and these requirements.

People must believe that the audit evidence they have obtained is appropriate and sufficient to provide a basis for their opinion.

Going Concerned And Material Uncertainty Related To It (Include only is Applicable)

If the Company’s net worth is below zero, and the borrowings from financial institutions and banks have been nominated by the lenders as non-performing assets during the year. The succeeding hearing of the consortium banks is supposed to be in June 2019.

To initiate an OTS-One Time Settlement with the banks and improve the performance of the Company, it is also informed in the process of identifying alternative business plans of a Company. Pending submission of the other alternative resolution plans/OTS, a decision is yet to be taken by the lenders regarding the restructuring of the Company’s borrowings.

A significant uncertainty on the Company is cast through those above factors ability to continue as under a going concern. Dealing the resolution of the preceding uncertainties, the Company has developed the aforesaid statement on a going concern basis.

Matters Related To Key Audit

Matters related to Key audits are those matters that, in the professional judgment, were of most significance in the specific audit of the financial statements of the current time. Such matters are addressed in the context of the audit of the financial statements as a whole and in forming the opinion of the Auditor thereon, and auditors do not provide a separate conviction on these matters.

As per SA 701, Key Audit Matters, reporting of key audit matters are not applicable to the Company, which is unlisted.

Information Other Than The Auditors’ Report And The Financial Statements thereon

For the preparation of other relevant data, the Company’s board of directors is responsible. The other information includes the information including Annexures to Board’s Report, included in the Board’s Report, Business Responsibility Report but does not feature the financial statements and the Auditor’s report thereon.

The Auditor’s opinion on the financial statements does not cover the other information, and they do not represent any form of assurance conclusion thereon.

In connection and association with their audit of the financial statements, peoples responsibility is to understand the other relevant information and, in doing so, consider whether the other information is materially inconsistent with their knowledge obtained during the course of the audit or the standalone financial statements or contrarily resembles to be materially misstated.

There is a misstatement of material of this other information if, based on the work they have performed, and are required to report that fact. They have nothing to report in this regard.

Responsibility Of The Management Regarding The Financial Statements

As declared in Section 134 (5) of the Act, the Company’s board of directors are responsible for the materials declared with respect to the establishment of these financial statements that provide a practically possible and fair view of the cash flows, financial position, and financial performance of the Company in accordance with the standards specified under section 133 of the Act, regarding accounting principles generally accepted in India, including the accounting.

According to the provisions of the Act, this responsibility also incorporates maintenance of adequate accounting records for detecting and preventing frauds and other irregularities and for the safeguarding of the assets of the Company; application and selection of appropriate accounting policies; making judgments and estimates that are prudent and reasonable; and design, maintenance and implementation of adequate internal financial controls, that for ensuring the accuracy and completeness of the accounting records were operating effectively, relevant to the presentation and preparation of the financial statement that gives a practical and fair prospect and is free from material misstatement, whether due to error or fraud.

Management is completely responsible for assessing the ability of the Company to continue as a going concern, as appropriate, matters related to going concerned, disclosing, in the preparation of the financial statements and by employing the going concern basis of accounting unless management either intends to cease operations or to liquidate the Company or has no realistic alternative but to do so.

The board of directors for overseeing the Company’s financial reporting process also holds responsible.

Responsibility Of The Auditor Regarding The Audit Of The Financial Statements

The Auditor’s objectives are to obtain reasonable confidence about whether the financial statements as a combination are free from material misstatement, irrespective of due to fraud or error, and to issue an auditor’s report that includes their opinion. Reasonable assurance is a crucial level of assurance but is not a guarantee that an audit conducted in accordance with SAs will always disclose a material misstatement when it happens to exist. Misstatements can result from error or fraud and are regarded significant if, and only if, the following conditions are met: in the aggregate or individually, they could plausibly be expected to affect the economic decisions of users registered on the basis of these financial statements.

In accordance with an audit with SAs, the Auditor maintains professional skepticism and exercise professional judgment throughout the audit. Auditors also:

Auditors also:

  • Assess and indicate the risks and hazards of material misstatement of the financial statements, whether due to fraud or error, perform and design audit procedures responsive to those risks, and procure audit documentation that is comprehensive and substantial to create a foundation for the auditor opinion. The risk of not finding a material misstatement emerging from fraud is higher than for one rising from error, as fraud may involve forgery, intentional omissions, misrepresentations, collusion, or the override of internal control.
  • They gain an understanding of internal control related to the audit that is reasonable under the situations in order to create audit processes. They are also obliged, under section 143(3)(i) of the Companies Act, 2013, for conveying their view on whether the business has the operating competence of such controls and an appropriate internal financial controls system in place.
  • Assess the appropriateness of the Companie’s used accounting policies and management’s made the reasonableness of accounting estimates and related disclosures.
  • Settle on the appropriateness of management based on the audit evidence obtained, and their use of the going concern based on accounting and, whether a material uncertainty endures relevant to conditions or events that may form significant doubt on the ability of the Company to continue as a profitable concern. If the Auditor concludes that material exists uncertainty and is required to draw the attention of the Auditor in the Auditor’s report to the related disclosures in the financial statements or, if such financial disclosures are unsatisfactory, to modify the Auditor’s opinion. The Auditor’s final verdicts are based on the audit evidence obtained up to the date of the Auditor’s report. However, future conditions or events may cause the Company to cease to maintain as a going concern.
  • Evaluate the overall structure, content, and presentation of the financial statements, including the disclosures, and whether the underlying transactions and events are in a manner represented in the financial statements that achieve fair presentation

Auditors communicate with those charged regarding governance, among other matters, the planned timing, and scope of the audit and significant audit findings, also covering any significant deficiencies in internal control that auditors identify during their audit.

Auditors also give a statement that we have complied with relevant ethical requirements regarding independence to those who are charged with governance and to interact with them about any relationships and other issues that may be deemed to be particularly relevant to their independence and related safeguards where applicable.

From communicating relevant matters with those charged with governance, auditors also determine those matters that were of most utmost importance in the audit of the financial statements of the current period and, therefore, the matters related to the key audit.

Auditor describes these matters in their Auditor’s report unless regulation or law precludes public disclosure about the matter or when, under exceptionally uncommon particular instances, auditors also determine that a matter should not be communicated in their report because the unfavorable outcomes of doing so would rationally be expected to surpass the public interest benefits of such communication.

Report On Other Regulatory And Legal Requirements

The terms of the Companies (Auditor’s Report) Order, 2016 (“the Order”), as per sub-section (11) included under section 143 of the Act, issued by the Central Government of India is not applicable to the Company since

  • It is not a holding or subsidiary company of a public company;
  • Its paid-up reserves and capital and as of the balance sheet date, the surplus is not more than Rs.1 Crores;
  • Its total borrowings from financial institutions and banks at any time during the year are not more than Rs.1 Crores; and
  • Its gross turnover for the year is not higher than Rs.10 Crores during the year.

OR

As ordered by the Companies (Auditor’s Report) Order, 2016 (“the Order”), as per sub-section (11) of section 143 of the Act, issued by the Central Government of India, the government provide in the Annexure “A,” a specific statement on the events particularised in paragraphs 3 and 4 of the Order, to the extent relevant.

As ordered by Section 143(3) of the Act, which reports that:

  • Auditors have obtained and sought all the explanations and information which, to the best of the Auditor’s belief and knowledge, were essential for the purposes of their audit;
  • In any auditors opinion, proper books of account as needed by law have been kept by the Company so far as it seems from the Auditor’s examination of those books;
  • The balance sheet, the cash flow statement, and the statement of profit and loss must be dealt with the help of this report which is in agreement with the books of account;
  • In any auditors opinion, the aforesaid statements of finance must comply with the accounting standards defined under Section 133 of the Act, and one must read with rule 7 of the Companies (Accounts) Rules, 2014;
  • Based on the written descriptions taken on record by the board of directors and have been received from the directors as of March 31, 2019, then in terms of Section 164 (2) of the Act, none of the directors is disqualified from being appointed as a director as of March 31, 2019;
  • Since the Company’s gross turnover as per last audited financial statements at any time during the year, is less than Rs.50 Crores and its borrowings from financial institutions and banks are less than Rs.25 Crores, the Company in terms of the effectiveness of the Company’s internal financial controls over financial reporting is exempted from getting an audit opinion, and the running effectiveness of such vide controls notification dated June 13, 2017; and

OR

With respect to the sufficiency of the controls on internal finance over financial reporting of the Company and the operational sustainability of such controls, refer to in a separate Report in “Annexure B.” The report expresses an unmodified conclusion on the operating effectiveness and adequacy of the internal financial controls over financial reporting of a Company;

(g) In accordance with Rule 11 of the Companies (Audit and Auditors) Rules, 2014, Concerning the other elements to be specifically mentioned in the Auditor’s Report, which states that it is the best information according to the explanations provided;

The Company would impact its financial position if it does not have any pending litigations;

OR

The Company on its financial position in its financial statements has disclosed the impact of pending litigations to the financial statements;

The Company did not hold any contracts which were long-term, including derivative contracts for which they had face any foreseeable material losses; and

OR

The Company has made terms and requirements, as required under the accounting standards or applicable law, for losses of foreseeable material, if any, including derivative contracts on long-term contracts; and

There should be no delay in transferring amounts needed to be transferred to the Protection Fund and Investor Education by the Company

OR

While there has been zero delay in transferring expenses needed to be transferred to the Protection Fund and Investor Education by the Company, due to technical issues, the related shares could not be transferred. People must be informed that the Company is exercising the required steps in this regard.

The Independent Auditor’s Report: Annexure “A”

In regard to the fixed assets of a Company:

(a) The Company has sustained proper records registering full particulars, including situations and quantitative details of fixed assets.

(b) The Company’s fixed assets were physically checked in full during the year by the management. According to the explanations and information are given to the people, and as examined by auditors, no material discrepancies must be regarded on such verification.

OR

(b) The Company, in a phased manner over a period of three years, holds a verification program to cover all the items of fixed assets, which, as of the Auditor’s opinion, is completely fair in light of the size and nature of the Company’s assets.

Following the program, certain fixed assets must be physically verified by the management team during the year. According to the explanations and information provided to auditors, no material discrepancies must be marked on such verification.

OR

(b) The Company holds a verification program in a phased manner over a period of three years to cover all the items of fixed assets, which, in the Auditor’s opinion, is reasonable having regard to the size and the nature of the assets of the Company. However, the management should not carry any physical verification during the year. Accordingly, the Auditor must not be prevented from commenting on whether any material discrepancies were marked on such verification and whether those discrepancies are properly dealt with in the financial statements.

(c) According to the explanations and information provided to the Auditor, the records examined by the Auditor, and they will report that the Company does not contain any freehold, are contained in favor of the Company as of the date mentioned in the balance sheet. In regard to immovable properties of building and land that have been disclosed as fixed assets or taken on lease mentioned in the financial statements, the lease agreements must be in the name of the Company.

OR

(c) According to the explanations and information provided to the Auditor, the records examined by the Auditor, and based on the examination of the conveyance deeds provided to the Auditor, they will declare that the title documents, which include all of the immovable possessions of buildings and land which are freehold, are accommodated in the name of the Company as at the date mentioned in the balance sheet.

In respect of immovable properties of building and land that have been taken as fixed assets or taken on lease disclosed in the financial statements, the lease agreements remain in the name of the Company.

  1. The inventory must be physically verified by the management team during the year. According to the Auditor’s opinion, the frequency of such verification must be reasonable. According to the explanations and information provided to the Auditor, and as examined by the Auditor, no material discrepancies must be noticed on such affirmation.
  2. According to the explanations and information provided to the Auditor, the Company, must not grant any loan unsecured or secured to firms, limited liability partnerships, companies, or other parties covered in the register needed under Section 189 of the Companies Act, 2013. Subsequently, paragraph 3 (iii) of the Order will not be applicable.

OR

According to the explanations and information provided to the Auditor, the Company has already granted unsecured to firms, limited liability partnerships, companies, or other parties covered in the register needed under Section 189 of the Companies Act, 2013.

According to the Auditor’s opinion, the rate of interest and other conditions and terms of such loans are not primarily prejudicial to the interest of the Company.

In regard to the aforesaid loans, the principal amounts must be presented as stipulated by the parties that are repaying the amount and, where applicable, are also regular in payment of interest.

In regard to the aforesaid loans, in the circumstances where the overdue amount is higher than 90 days, then according to the Auditor’s opinion, reasonable measures have been implemented by the Company for the successful recovery of the principal amounts, and interest must be applied.

According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, the Company must not grant any loans or give any security or made any investments or provide any guarantees to which the provision mentioned under section 185 and 186 of the Companies Act, 2013. Subsequently, paragraph 3 (iv) of the Order shall be not applicable.

OR

According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, in respect of investments, guarantees, security, and loans, the Company must comply with the provisions mentioned under sections 185 and section 186 of the Companies Act, 2013.

  1. According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, if the Company has not received any deposits and subsequently, paragraph 3 (v) of the Order will not be applicable.

OR

According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, the Company must comply with the provisions of Sections 73 to 76 or any other relevant guidelines of the Act and the rules framed, as mentioned under the directives of the Reserve Bank of India.

According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, no Order must be passed by the National Company Law Tribunal or Reserve Bank of India or Company Law Board or any other Tribunal or any Court on the Company in honor of the aforesaid deposits.

Under sub-section (1) of section 148 of the Act, the Central Government of India shall not prescribe the maintenance of charge records for any of the activities of the Company, and subsequently, paragraph 3 (vi) of the Order will not be applicable.

OR

Under section 148 of the Act, it broadly states that the reviewed books of account maintained by the Company agreeable to the rules made by the Central Government for the maintenance of expense records and are of the opinion that primarily faced, the prescribed records and accounts must be made and maintained.

In respect of statutory dues:

According to the explanations and information provided to the Auditor on the basis of their examination of the records of the Company, amounts accrued/deducted in the books of account in regard of dues that are considered including income tax, sales- tax, service tax, provident fund, employees’ state insurance, goods, and service tax, the duty of customs, value-added tax, cess, other material statutory dues and the duty of excise have generally been regularly deposited by the Company with the appropriate authorities during that specific year.

According to the explanations and information provided to the Auditor, regarding no undisputed amounts payable in regard to income tax, sales- tax, service tax, provident fund, employees’ state insurance, goods and service tax, the duty of customs, value-added tax, cess, other material statutory dues and the duty of excise dues were in arrears as at March 31, 2019, for a period longer than six months from the date they matured payable.

OR

According to the explanations and information provided to the Auditor, regarding no undisputed amounts payable in regard to income tax, sales- tax, service tax, provident fund, employees’ state insurance, goods and service tax, the duty of customs, value-added tax, cess, other material statutory dues and the duty of excise dues were in arrears as at March 31, 2019, for a period longer than six months from the time they became accountable for paying, except few details like:

  • Name of the statute
  • Nature of dues
  • Period to which the amount relates
  • Amount due
  • Due date
  • Date of payment

According to the explanations and information provided to the Auditor, and the records of the Company provided by them when examined by the Auditor, and if there are no dues of sales- tax, service tax, GST, the duty of customs, duty of excise and value-added tax, income tax, which not been deposited on account of any dispute.

According to the Auditor’s opinion, and according to the explanation and information provided to the Auditor, and the Company has no outstanding dues to any banks or any government or any debenture holders or financial institutions during the specific fiscal year. Subsequently, paragraph 3 (viii) of the Order will not be applicable.

OR

According to the explanations and information provided to the Auditor, and the records of the Company provided by them when examined by the Auditor, which states the Company has failed in repayment of all the dues to financial institutions, banks, and government as detailed in Appendix – I. During that specific year, the Company does not have any dues to debenture holders.

  1. If the Company has not raised any money by means of an initial public offer or by a further public offer (including debt instruments) and during that year, has not taken any term loans. Subsequently, paragraph 3 (ix) of the Order will not be applicable.

OR

The term loans secured during the year have been implemented for the purposes for which those are raised, then the Company shall not raise any money by way of an offer of initial public or offer of the further public (including debt instruments).

  1. To the best of an auditors’ knowledge and according to the explanations and information provided to the Auditor, no fraud by the Company or no material fraud on the Company by its employees or officers has been reported or noticed during the year.
  2. If the Company is a private limited company, and hence the provision mentioned under Section 197 read with Schedule V of the companies Act will not be applicable. Subsequently, paragraph 3(xi) of the Order will not be applicable.
  3. If the Company is not a Nidhi Company, and then subsequently, paragraph 3 (xii) of the Order will not be applicable to the Company.
  4. According to the explanations and information provided to the Auditor and the records of the Company provided by them when examined by the Auditor, transactions made with the related parties are in agreement with Sections 177 and 188 of the Act, where the details of such transactions have been published in the financial statements as claimed by the applicable accounting standards.
  5. According to the explanations and information provided to the Auditor and the records of the Company provided by them when examined by the Auditor; the Company should not make any private placement or preferential allotment of shares or partly or fully convertible debentures during the year. Consequently, paragraph 3(xiv) of the Order will not be applicable.

OR

According to the explanations and information provided to the Auditor and the records of the Company provided by them when examined by the Auditor, must state that the Company has carried out any private placement or preferential allotment of shares or partly or fully convertible debentures during the year and in regard of which the Company must comply with Section 42 of the Act and raised amount has been applied for the objectives for which the funds are raised.

  1. According to the explanations and information provided to the Auditor and the records provided by the Company when examined by the Auditor, must state that the Company has not entered into non-cash transactions with persons or directors connected with them. Subsequently, paragraph 3(xv) of the Order will not be applicable.
  2. According to the explanations and information provided to the Auditor and the records provided by the Company when examined by the Auditor, must state that the Company is not obliged to be legally registered under Section 45-IA of the Reserve Bank of India Act 1934.

The Independent Auditor’s Report Annexure “B”

Under section ‘Report on other legal and regulatory requirements, the Auditor’s Report to the Members of a Private Limited Company.

As per clause (i) of subsection 3 of section 143 of the Companies Act, 2013 (“the Act”), reports were made on the internal financial controls over financial reporting.

The audited report regarding the internal financial controls over financial reporting of a Private Limited (“the Company”) as relevant on March 31, 2019, in conjunction with the audit of the financial statements of the Company made by the Auditor for the year ended on that date.

The Responsibility Of Management Regarding Internal Financial Controls:

The Company’s board of directors is entirely responsible for building and maintaining internal financial controls on the basis of the criteria mentioned for internal control over financial reporting, which is established by the Company acknowledging the essential components of internal control declared in the ‘Guidance Note on Audit of Internal Financial Controls Over Financial Reporting’ published by the Institute of Chartered Accountants of India.

These responsibilities incorporate the implementation, maintenance, and design of adequate internal financial controls that were functioning effectively for ensuring the efficient and orderly conduct of its business, the prevention and detection of frauds and errors, the safeguarding of its assets, the completeness and accuracy of the accounting records, and the timely establishment of reliable financial information, as claimed under the Companies Act, 2013.

Responsibility Of The Auditors:

The Auditor’s responsibility is to represent an opinion on the internal financial controls across financial reporting of the Company on the basis of their audit. The Auditor’s conducted their audit in accordance with the Guidance Note on Audit of Internal Financial Controls Over Financial Reporting (the “Guidance Note”) published by the Institute of Chartered Accountants of India and the auditing standards prescribed under Section 143 (10) of the Companies Act, 2013, to the extent applicable to an audit of internal controls of finance. Those standards and the guidance note demand that the Auditor must comply with the plan and perform with ethical requirements and obtain reasonable assurance of the audit whether adequate internal financial controls over financial reporting were built and maintained and if before-mentioned controls are effectively operated in all material respects.

Their audit involves performing procedures to obtain audit evidence about the adequacy of their operating effectiveness and the internal financial controls system over financial reporting. Their audit of internal financial controls over financial reporting involved obtaining a conclusion of internal financial controls protecting financial reporting, evaluating the risk that a material weakness may exist, and testing and assessing the design and based on the assessed risk, obtaining the operating effectiveness of internal control. The procedures picked depend on the judgment of the Auditor, including the estimation of the risks and hazards associated with material misstatement in the financial statements, whether due to error or fraud.

The Auditor only believes the audit evidence that they have obtained, which is appropriate and sufficient to provide a base for their audit opinion on the internal financial control system over financial reporting of the Company.

Definition Of Internal Financial Controls Over Financial Reporting:

The internal financial control of a company over financial reporting is a process created to provide reasonable assurance concerning the preparation of financial statements for external purposes and the reliability of financial reporting in accordance with regularly accepted principles of accounting.

The internal financial control of a company over financial reporting includes these procedures and policies:

(i) related to the upkeep of the records that, in understandable detail, fairly and accurately reflect the dispositions and transactions of the company assets;

(ii) grant feasible assurance that transactions are recorded as essential to permit preparation of financial statements in line with generally accepted principles of accounting and that expenditures and receipts of the Company are being implemented only in accordance with authorizations of directors and management of the Company; and

(iii) grant logical assurance regarding timely detection or prevention against unauthorized acquisition, disposition or use, of the Company’s assets that could have a material impact on the financial statements.

Opinion:

According to the explanations and information provided to the Auditor and the records of the Company offered by them when examined by the Auditor, must state that the Company has, in all respects of material, possess an adequate control system of internal financial over financial reporting, and such controls on internal financial over financial reporting must be operated effectively as of March 31, 2019, based on the internal control over financial recording criteria settled by the Company acknowledging the fundamental components of internal control declared in the ‘Guidance Note on Audit of Internal Financial Controls Over Financial Reporting’ published by the Institute of Chartered Accountants of India.

Limitations of internal financial controls over financial reporting:

Because of the intrinsic limitations of internal financial controls over financial reporting, including improper management of override of controls, material misstatements due to any sort of discrepancy or fraud may occur and not be detected or the possibility of collusion. Also, predictions of any evaluation of the internal financial controls over financial reporting to future time periods are subject to the risk that it may become that the degree of compliance with the policies or inadequate because of changes in conditions or procedures may deteriorate performed in the internal financial control over financial reporting.

Final Words:

One part of the Auditor’s report declares that “accompanying financial statements present fairly, the financial position of the company as of XXX, in all material respects.”

It is necessary to note that it states that the financial statements are displayed “fairly” – it does not state that they are presented “precisely” or “accurately.” It implies that there are certain areas where policy choices and professional judgment were made, and between the judgments of different auditors, differences could exist. Furthermore, “in all material respects” is also a significant phrase. Materiality is the concept that specific changes are substantial enough to improve the investment decisions of potential investors and investors potentially. It indicates that concerns that only deal with a small division, i.e., 1% of net income, is not material.

Material misstatements are the primary concern of Auditors, which include omissions or other errors that in the aggregate or individually would reasonably be assumed to influence the user’s economic decisions. Materiality is crucial in the field of an audit and affects what kind of report the Auditor will result in.

List of Documents Required Incorporating Company

List of Documents Required while Incorporating a Company

List of Documents Required Incorporating Company: While establishing a company or a business in India, one needs the Directors or Founders to stay engaged in the ‘legal game’. The first and foremost measure one should seek to establish their Company is to ensure documents needed for company registration in India. Any error in documents needed for new company registration in India will establish all the struggles in vain. There are a number of legal formalities essential to be performed for the registration of a company. It has been already discussed the most important documents in this article that will help an individual during the process of company registration in India.

What does the Structure of a Business Mean?

The Process of SPICe Private Limited Company Incorporation Filing is an integrated individual point application for Allotment of DIN for Directors and Incorporation, Reservation of Company Name of a New Company along with allotment of Tax Collection and Deduction Account Number (TAN) and Permanent Account Number (PAN) to the New Company.

One must pick the proper company structure for their business before declaring the documents needed for company registration in India. The owner of the business should sensibly pick the company structure as it will enable the Company to perform efficiently as well as meet the fancied targets for profitability. One can definitely choose any of these business structures for starting a company in India:

What are Different Types of Business Structures?

  • OPC-One Person Company: If there is only one owner/founder of the business, an OPC probably is an ideal option for the registration of the Company. Registering for OPC will allow the sole owner to be a member of the corporate framework and bring on their work further. The registration of a Person Company needs documents such as DSC, address proof, ID proof of both Director and shareholder, PAN Card, and DIN accompanying with rent agreement (if any) and address proof of the company.
  • Sole Proprietorship: A business structure that is under the control of a single owner is known as a Sole Proprietorship. This business structure is ideal for businesses with limited investment or small businesses. The owner of an individual proprietorship business structure themself owns all the property and assets. A Sole Proprietorship registration may claim documents such as PAN Card, Aadhar Card, bank account details and registered office proof.
  • Partnership: A partnership means a business structure that has two or more owners. The owners of such a business structure are acknowledged as partners. The business profits are shared among the partners based on a written agreement. The documents needed for Partnership formation include address proof of partners and firm, Partnership Deed, GST registration, bank account details, and, most importantly, a PAN Card.
  • Private Limited Company: From the core founders, the law holds a company as a separate legal entity. After a company becomes registered, it will have company stakeholders/shareholders and officers/directors. Each person in a Private Limited Company grows and is regarded as the Company’s employee. The documents wanted for registering a Private Limited Company include DSC, PAN Card, address proof, residence proof, DIN, Articles of Association and Memorandum of Association.
  • PLC- Public Limited Company: PLC- Public Limited Company is a type of business that has a voluntary association of members under company law. A PLC has a distinct legal existence. The liability is restricted to the shares they own for the members of a PLC. The documents for registering a PLC-Public Limited Company include address proof, PAN Card of all Directors and shareholders, identity proof, DIN, DSC, Utility Bill, NOC from the landlord, Articles of Association and Memorandum of Association.
  • LLP- Limited Liability Partnership: A business structure formed for providing limited liability to its partners is popularly known as a Limited Liability Partnership. The law acknowledges this business structure as a corporate organisation. Such business structures got granted the right to manage their own affairs by the Act of 2008. The documents demanded registering an LLP incorporate address proof of partners and office, ID proof of partners and DSC.

What are the Documents Needed for Registration?

Under the process of SPICe, the following are the documents needed for the Incorporation of a Private Limited Company.

Documents from Shareholders and Directors:

  1. Identity Proof
    1. PAN- Permanent Account Number Card
    2. Passport / Voter Identity Card / Driving License / Aadhaar Card
  2. Address Proof
    1. Mobile Bill / Telephone Bill
    2. Water Bill / Electricity Bill
    3. Bank Passbook / Bank Statement with the latest transaction (Anybody of the Documents not older than two months)
  3. Photographs of Passport size – 3 each

Notes:

  • The applicant must Self Attest all the Copies of documents.
  • Mobile Bill/Electricity Bill / Bank Account Statement / Telephone Bill must be in the name of the applicant, which should not be older than two months.
  • If the provided documents are not in English, then all of them should be translated into English.

Documents that must be Signed by DIRECTORS:

  • Form DIR-2: Consent to Act as Director
  • Details required for DIN
  • Declaration of DIN (If DIN is assigned already)

Documents that must be Signed by SHAREHOLDERS:

  • Application for DSC- Digital Signature Certificate
  • INC-9: Declaration by Director & Subscribers

Documents from Trademark Owner / Company / LLP, if any:

  • Trademark / Formal authorisation for use of Name / Board Resolution
  • Authorisation for accomplishment Documents from LLP / Company

Note:- These shall be confirmed by the concerned on their Letterhead

Registered Office – Address

  • A letter of No-Objection from the Owner of Address to utilise the registered address of the office of the Company.
  • Address Proof – must be in the name of the Owner
  • Telephone Bill (Fixed Line Only), Water Bill or Gas Bill (Not older than two months), Electricity Bill; – To be approved by the of the Owner of Premises

OR

Tax Paid Copy or Receipt Registered Sale Deed- To be approved by the provider of the Shared Office Service.

Note: If the Address facility is availed from a provider of Shared Office Service, a copy of the Tax Receipt / Electricity Bill with a copy of Lease Agreement with specific powers to issue or sublease NOC letters for the use of premise under Companies Act as Registered Office address is also required.

CSR Committee Meetings

CSR Committee and Its Meetings

CSR Committee Meetings: Corporate Social Responsibility Committee, also known as CSR, is a ministry of the government under the Board of the Company following the Companies Act of 2013. It was formed to establish a strong foundation, provide social integration, and direct the company to develop welfare initiatives.

Role of CSR Committee

The CSR must do the following:

  1. Outline the activities that the company must undertake as per Schedule VII.
  2. Recommend expenditure yet to be incurred on the CSR activities.
  3. Regulate the CSR policy of the company from time to time.
  4. Must establish a clear controlling mechanism for implementing CSR projects or activities as undertaken by the company.

Applicability for CSR Committee

Companies with financial conditions as mentioned below are applicable for CSR:

  1. Companies with a total worth equal to or higher than Rs. 500 crores.
  2. Companies with turnover equal to or higher than Rs. 1000 crores.
  3. Companies with a net profit equal to or higher than Rs. 5 crores at a given financial year.

The provisions of CSR apply to the types of companies as mentioned below:

  1. Every company enrolled under the Companies Act of 2013.
  2. Their holding company, as per the postulates of CSR.
  3. Their subsidiary company is mentioned in the postulates published by the CSR.
  4. Any Foreign company registered under the Companies Act of 2013.

CSR Committee Policy

The policies under the Committee:

  1. The company’s website should contain CSR Policies as prescribed by the Board.
  2. The company must undertake the activities mentioned in the policy.
  3. The company may join other companies to undertake projects or CSR activities and report individually on such projects.
  4. The CSR policy must monitor these projects.

CSR Committee Time Limit

No such time limit has been prescribed for companies under the CSR Committee. However, once the provision of Section 135 of the Companies Act becomes applicable, the Committee must be constituted in the First meeting of the Board of Directors right after the requisite clauses have been applied.

Number of Committee Members Allowed

In India, a CSR Committee must have two or more directors. Those companies listed on a business should have three directors (inclusive of one independent director), and Foreign Companies/ MNCs should have at least two members (including one Indian member who can make decisions for the company regarding the issue of notices and improvised documentation).

Role of Board in CSR Committee

The Board of Directors in the CSR Committee plays many vital roles. These roles are discussed below in detail:

  • The Board should ensure only those activities undertaken by companies that are mentioned in the policy.
  • The Board of Directors must make sure that the company spends a minimum of 2% of the average total profits made through three past financial years, per annum.
  • If any company has not completed three financial years from the day of incorporation, average net profits should be calculated based on the number of completed financial years.

The Report shall disclose:

  • Composition of the CSR Committee
  • Contents of the Policy
  • As per CSR Policy, if a company does not meet 2% CSR, the reasons for the unspent amount, and transfer details of unspent amount concerning an ongoing project to any specified fund (transfer under a period of six months from the ending of the financial year).

Importance of CSR Committee

  • CSR is a vast term used to justify the efforts of any company to modify society in a positive way.
  • CSR uplifts the public image by broadcasting the efforts towards a sounder society and enhance their chance of becoming beneficial in the consumer’s eyes.
  • CSR increases media coverage since media visibility shines a positive light on the organization of a successful company.
  • CSR enhances the brand value of the company by building an ethically strong relationship with the customers.
  • CSR assists companies in standing out from the competition when companies are included in any community.

 

Everything about DPT-3

Everything about DPT-3

]Everything about DPT-3: In conference with the Reserve Bank of India, the Central Government had started the CFSS or Companies Fresh Start Scheme under which Form DPT-3 is included. It deals with safeguarding the interest of depositors and creditors and the process of Acceptance of Deposits as per the issued Amendment Res of 2019.

About the DTP-3 Form

The DTP-3 Form is a one-time annual return. Each year, it is needed to be filed by all companies with any outstanding amount of loan or any such advances, simultaneously with an additional fee as stated by the Companies Rules of 2014.

It needs to be filed under the ninety-day limit starting from the 31st day of March till the end of each financial year, up to the 30th day of June.

The Two Types of DTP-3 Forms

  • One-time Return: One-time returns are filed for outstanding amounts and non-deposits. They include money received after the 1st day of April and uncleared before the 31st day of March 2019.
  • Annual Returns: The returns filed for outstanding amounts and non-deposits for money received before the 1st day of April and on the date of filing in case of unpaid charges every year is an annual return.

Objectives of DTP-3 Form

On the 22nd day of January, the Ministry of Corporate Affairs, also known as MCA, rolled out a new law known as DTP-3 owing to the pre-existing Companies (Acceptance of Deposits) Rules of 2014.

As per the MCA Amendments, it is compulsory for all the companies exclusive of the Government Companies to file an annual return for the remaining receipts of money that are the company’s loans and are not considered deposits.

The main objective of the Form is to do with loans, amendments, and return filing for the maintenance of company records in the Government’s registers.

Process of Filing DTP-3 Form

Companies should follow the following steps to file the DTP-3 Form.

Step 1: Open the Form and fill the CIN of the Company. Click on the pre-fill option, and the details of the company should be filled in automatically. You can edit options such as E-mail addresses.

Step 2: Click on the tab that suits your purpose and enter whether your company is a government or non-government company.

Step 3: The company’s objects need to be entered in the Form if it has not been filled yet.

Step 4: Enter details about the filing purpose and the total number of deposits from the 1st day of April and the end of the year.

Step 5: Details about the most recent balance sheet and other such data need to be filled in to calculate your company’s net worth.

Step 6: Deposits that will mature before the 31st day of March the following year needs to be entered with the amount required to be invested in liquid assets.

Step 7:

  • Attach scanned documents as needed.
  • Sigh form.
  • Upload necessary details to the MCA portal.

Applicability for DTP-3 Form

·Those who are Applicable

  • Form DTP-3 must be filed by every company that has received capital and has due loans, as per Rule 16A.
  • All companies, inclusive of private, small, large, OPC should file DTP-3.
  • If any company has not cleared loan before the 1st day of April 2014 and has increasing outstanding loan should file DTP-3.

Those who are Inapplicable 

  • If any company has zero loans till the 22nd day of January 2019, DTP-3 is not required.
  • If a company pays the loan taken after the 1st day of April 2019 before the 22nd day of January, they need not file DTP-3.

Important Topics Related to DTP-3 Form in Details

Due Dates of filing of Form DPT-3

Rule Applicability Nature of Return Due Dates
Rule 16 All companies apart from Government Companies Annual Return Before or on the 31st day of June of the following year
Rule 16A (3) All companies apart from Government Companies One-time return Before or on the 20th day of June 2019

Documents Needed for filing

  • A list of depositors
  • The Auditors Certificate
  • Replica of Trust Deed
  • Replica of the item creating charges

Details Required to Furnish Form DPT-3

Essential elements required to furnish the Form DTP-3 are:

  • E-mail Address
  • Net Worth of the Company
  • CIN of the Company
  • Objects of the Company
  • Total outstanding amount as of the 31st day of March 2019.
  • Specifics of charge (if any)

·Consequences in case of non-filing of DTP-3 Form

If the company fails to file Form DTP-3 and keeps taking deposits, they will have to face a penalty up to Rs. 1 crore or two times the amount. (Whichever is lower). As per Rule 21, each officer must pay a default penalty charge up to Rs. 5000.

Professional Certification

The filing of the DTP-3 Form does not need any professional qualification. No proof of a specified qualification is required for this process, and anyone can complete it.

Number of Forms to be filed

  • If the company in question has their receipts covered under deposits, they need to file only one return.
  • If the company in question is does not fall under the category of deposits, two returns need to be filed.

In Case of Newly Incorporated Companies

If accounts have not been audited for the year prior, the company should complete the filing with unaudited figures in the case of newly incorporated companies.

Additional Interest on Principal Amount

If the interest amount is still outstanding till the 31st day of March 2019, The Government will make additional interest on the principal amount. In this case, under the respective head, it has to be reported as a consolidated figure with the principal sum.

FAQ’s on Form DTP-3

Question 1.
Is the Auditors Certificate needed in the case of one-time Returns?

Answer:
According to the instruction, if the company includes only non-deposits, they are not needed to submit the Auditors Certificate for one-time returns

Question 2.
Is DTP-3 an STP form?

Answer:
The electronic Form DPT-3 is not an STP form. The Form DPT-3 needs the approval of the Registrar concerned.

Question 3.
Under which columns should loan accepted from shareholders be mentioned?

Answer:
Under column numbers 9 and 10 (deposit), the loans received from shareholders should be mentioned (since this type of loan is considered a deposit).

Question 4. 
Does DTP-3 apply to an NBFC Company?

Answer:
According to the Act, Deposit Laws do not apply to Companies registered as NFBC. Hence, they do not need to file Form DPT-3 if their company is NFBC.

Question 5.   
In the case of Net Worth, which financial statements should one consider?

Answer:
According to Form DPT-3, the Net worth should be as per the most current audited balance sheet. If the balance sheet of 31st of March 2019 has been audited, it should be entered accordingly, and if not, the company should document an unaudited amount.

Question 6.   
Is NIL return necessary in both cases of filing returns under the Form DTP-3?

Answer:
According to the MCA webinar, NIL return in any returns for filing Form DPT-3 is unnecessary.

Question 7.   
What are the Filing fees for Form DTP-3?

Answer:
The company’s filing fees should be passed according to the Companies (Fees and Registration Offices) Rules.

Question 8.   
Which option should a company with only non-deposits select?

Answer:
In the case of any company having only non-deposits, Remote Button 3 should be selected.

Question 9.   
Should one mention the amount of loan and interest in Form DTP-3?

Answer:
Yes, it is needed to be mentioned.

Minimum Wages Rates

Minimum Wages Rates | Minimum Wages Rate from 01/04/2021 in Delhi

Minimum Wages Rates: Minimum wages rates have been revised by the Government of the national capital territory (NCT) of Delhi. The minimum wages rates fall under the 1948 act of minimum wages in the NCT of Delhi. It has been stipulated in the above-mentioned notification that the dearness allowance is going to be payable based on the six-monthly average index numbers from Jan to Jun and again from July to Dec respectively on 1st April and October.

After Including D.A., Rates

Category Rates as of April 1st, 2020 D.A. w.e.f April 1st, 2021 Rates from April 1st, 2021 Rates per day as of 1st October 2020 D.A w.e.f April 1st, 2021 Rates April 1st, 2021 onwards Rates April 1st, 2021 onwards
Rupees Rupees Each month Each day Rupees Each month Each day
Un-Skilled personnel 14842 650 15492 596 416 15908 612
Semi-skilled personnel 16341 728 17069 657 468 17537 675

 

Skilled personnel 17991 806 18797 723 494 19291 742

 

Non-Matriculates personnel 16341 728 17069 657 468 17537 675

 

Matriculate but not Graduate personnel 17991 806 18797 723 494 19291 742

 

Graduate and Above personnel 19572 858 20430 786 546 20976 807

Order by Labour Department of the Government of NCT of Delhi dated 18/06/2021

The minimum rates of wages had been revised by the Government of the national capital territory of Delhi, included in the Scheduled employments under the 1948 minimum wages act. On the other hand, in the notification mentioned above, it had been stipulated that the payable Dearness Allowance is based on the six-monthly average index numbers from Jan to Jun and July to Dec respectively on the 1st April and October.

Now the NCT Government of Delhi on adjustment of the average All India Consumer Price Index Number of the period between July 2020 to December 2020 that is 340.95 an increase of 11.79 points, therefore, declaring the following DA that shall be payable by each category on 01.04.2021.

Therefore, the lowest rates of wages showing the introductory rates and Variable Dearness Allowance payable w.e.f 01.04.2021 shall be as under: –

AREA RATES OF WAGES PLUS V.D.A PER DAY RATES OF WAGES PLUS V.D.A PER DAY Total (Rs.)
Basic Wages (Rs.) V.D.A (Rs.)
A 523     + 122     = 645
B 437     + 102     = 539
C 350     + 81      = 431

The VDA is rounded off to the next higher amount of rupee according to the decisions of the Advisory Board of Minimum Wages.

In the following table, the minimum wages rates that have been revised shall be applicable with respect to unskilled, skilled and semiskilled categories in all the scheduled categories.

Category Rates from the April 1st, 2020 D.A. (pm) w.e.f April 1st, 2021 Rates as of April 1st, 2021 in Rupees Rates as of April 1st, 2021 in Rupees
Rupees Rupees Each-month Each-day
Un-skilled 15,492/- 416/- 15,908/- 612/‑
Semi-Skilled 17,069/- 468/- 17,537/- 675/‑
Skilled 18,797/- 494/- 19,291/- 742/-

The following rates are of the lowest wages must be applicable in the respect of the Clerical and Supervisory Staffs in all of the Scheduled employments: –

Category Rates as of 01/10/2020 D.A. (pm) w.e.f 01/04/2021 Rates from (Rupees) 01/04/2021 Rates from (Rupees) 01/04/2021
Rupees Rupees Each-month Each-Day
Non matriculates 17,069/- 468/- 17,537/- 675/-
Matriculates but not graduate 18,797/- 494/- 19,291/- 742/-
Graduate and above 20,430/- 546/- 20,976/- 807/-

(S.C. Yadav)

Add. Labour Commissioner

Copy forwarded to the: –

  1. Secretary to the Government of India, Shram Shakti Bhawan, Ministry of Labour, Rafi Marg, New Delhi.
  2. Secretary to the Honourable Lt. Governor, Government of NCT of Delhi.
  3. Secretary to the Honourable Chief Minister, Delhi Government.
  4. Secretary to the honourable Speaker, Delhi Vidhan Sabha Delhi.
  5. Secretary to Honourable Dy. Chief Minister, Government of Delhi.
  6. Secretary to Honourable Minister of Health, Industries, Gurudwara, Irrigation and Food Control, Public Works Department and Power Department, Government of Delhi.
  7. Secretary to Honourable Minister of Tourism, Art and Culture, Government of Delhi.
  8. Secretary to Honourable Minister of Food and Supply, Environment and Forest and Election, Government of Delhi.
  9. Secretary to Honourable Minister of women and Child, Social Welfare, Language and S.C. & S.T. Department, Government of Delhi.
  10. Chief Labour Commissioner ©, Rafi Marg, Shram Shakti Bhawan, New Delhi
  11. Labour Secretary of Punjab, Haryana, Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttar Pradesh, and U.T. Chandigarh.
  12. General Secretary of the Delhi State, BMS, INTUC, CITU, AITUC, H.M.S
Coordination Essence Management Practices

Coordination – The Essence of Management Practices

Coordination Essence Management Practices: Managers oversee the operations of various departments in order to attain organizational objectives when the organization structure is created, and departments are designed. Top management conveys the organisation’s goals to department managers and encourages them in carrying out their obligations of organizing, staffing, planning, controlling and directing for their respective departments. Coordination is the essential aspect in any organization as it brings unity of action and integrates various activities of the organization.

They integrate the objectives of the organization with the objectives of the departments and harmonize departmental goals with organizational goals. Thus, coordination assists each managerial function and each departmental activity contribute to organizational goals.

Coordination While Planning

When plans are made, managers make sure that different types of plans such as long term and short term, strategic and routine, policies, procedures and rules operate in coordination and harmony with one another for diverse departments to successfully implement these strategies.

Coordination While Organizing

Division of work into departments based on similarity of activities, defining their authority and responsibility, appointing people to manage these departments and creating the organization structure aims to coordinate departmental activities with the organizational goals. If activities are divided haphazardly, some activities might not be assigned to people without organising, and some might be given to more than one person.

Coordination while Staffing

Managers make sure that people are placed on different jobs according to their capabilities and skills after the jobs have been created. This ensures placing the right person in the correct position to achieve coordination amongst their work activities.

Coordination while Directing

When a manager guide subordinates through leadership, communication and motivation, he tries to coordinate the organizational activities. It is also an aim to harmonize independent goals with organizational goals. Direction maintains unity and integrity among activities of members in the organization.

Coordination while controlling:

Controlling makes sure that actual performance conforms with planned implementation. The function of controlling information systems or budgets is to coordinate the various organizational activities. Every managerial activity is therefore coordinated to contribute towards organizational goals. Coordination is needed throughout the organization.

Coordination is Fundamental at all Levels of Management

  1. Top-level: It requires coordination to combine all the activities of the organization and lead the attempts of all people in one common direction.
  2. Middle level: Coordination is essential to balance the actions of many departments so that they can function as a part of a single organization.
  3. Lower Level: It needs coordination to integrate the activities of workers towards the achievement of organizational objectives.

After examining the above-given features, we can assume that coordination is not a straightforward function of management, but it’s the “essence of management”, or we can say that all the functions are flowers and coordination is a thread that binds these flowers to form the garland of organization. Coordination is a vital strength of organizational success.

 

Steps by Step Process to Apply for Import Export Code Online (IEC)

Steps by Step Process to Apply for Import Export Code Online (IEC) | Documents & Fees

Steps by Step Process to Apply for Import Export Code Online (IEC): Import Export Code is also known as IEC, is a 10 digit unique code that is assigned by the officials of the Director-General of Foreign Trade (DFGT) for the individuals who are involved in import or export products and services from other countries. Usually, the Import Export Code is assigned to individuals’ PAN numbers or organisations PAN numbers for the purpose of importing/exporting any product, good, or service, as well as to qualify for many Export Development Council or DGFT incentives.

To obtain an IEC Code, one must submit all the documents and follow the appropriate procedures so that the Indian government may verify one’s identity as a person or a business. In this article, let’s understand everything about how to apply for IEC code online. Read on to find more.

What Are The Documents Required for IEC Code?

Before getting into the details of the IEC online application process, one will have to keep the necessary documents handy to process the application form hassle-free. The documents required for applying Import-Export Code online are given below:

  • A copy of a person’s PAN card or an organisations PAN card, or a company’s PAN card
  • Voter ID or Aadhar card, or passport copy of an individual
  • Cancelled cheque copies of individuals or firms current bank accounts
  • Copy of the premise or a copy of the rental agreement, or a copy of the electric bill
  • A self-addressed envelope for registered mail delivery of the IEC certificate

How To Register for IEC (Import/Export Code) Online?

IEC Registration Steps: Import Export Code is a 14 step registration process, and the detailed step by step on how to register for IEC has been explained below:

Step 1: Visiting DFGT Website

  • Visit the official website of the Directorate General of Foreign Trade – Click Here.
  • The DFGT page will look like the following image.
  • On the homepage, you will find so many options such as IEC FAQs, Apply for IEC, Update IEC, Link IEC and so on.

IEC Registartion Process

Step 2: Click on the button “Apply for IEC”

  • On the homepage, move to the section “Register for your IEC“.
  • Here you will find so many options such as “IEC Help & FAQs, Apply for IEC, Link Your IEC, Update IEC“.
  • Click on “Apply for IEC“, as shown in the image below.

IEC Registartion Process

Step 3: Select Register Type

  • As soon as you click on Apply for IEC, a new page will open.
  • Here navigate to “Register“.
  • Now click on “Register User As” and select the Register Type from any of the 4 options, such as:
    1. Importer/Exporter
    2. Certifying Authority – CA, CMA, CS, CE
    3. Technical Authorities
    4. Foreign Importer Exporter

Import Export Code registartion process

Step 4: Enter Basic Details For IEC Registration Online Process

Now enter the basic details such as:

  • First Name
  • Last Name
  • Email ID
  • Mobile Number
  • Pincode
  • District
  • State
  • City

how to apply for IEC online

Step 5: Request for OTP – One Time Password

  • After entering the basic details, enter the Captcha Code as shown on the screen. If the Captcha Code is not visible, refresh the code.
  • Now check the box which reads “By registering you agree to our terms & conditions“.
  • Click on the “Send OTP” button.

how to apply for IEC online
Step 6: Verification of OTP for IEC Online Registration

  • As soon you click on “Send OTP“, an OTP will be sent to your registered mobile number and Email ID.
  • Now verify your basic details as displayed on the screen.
  • Enter the OTP you have received to your Mobile Phone and Email ID, as shown in the image below.
  • Click on “Register

iec registartion
Step 7: Login into the IEC Dashboard

Once you click on the “Register” button, temporary login credentials will be sent to registered devices. Now login with the help of those credentials.

iec login
Once you’re logged in, go to your dashboard and update the new password.

Step 8: Apply for IEC

  • As soon as you “Log in“, click on “My Dashboard” and select “Importer Exporter Code“.
  • Now Click on “Apply for IEC“.

apply for IEC

Step 9: Filling the IEC Application Form & Uploading Documents

  • A new page will open. Click on “Start Fresh Application“.
  • In the General Information section, fill in the blanks. A red asterisk (*) has been placed in front of all mandatory fields.
  • Note the Draft will only be saved if all of the mandatory fields in the “Basic Details” and “Firm Address Details” sections are completed.  

application form of IEC
Fill in all of the relevant information for any Director, Proprietor, Partner, Karta, or Managing Trustee. All needed information, such as the PAN number and mobile number, must belong to the individual whose information you are filling out. Click “ADD” once you’ve filled out all of the appropriate options.

Upload necessary documents in the required fields.

Step 10: Enter Bank Details in IEC Registration Form

Enter Account Number, Account Holder Name, IFSC code, Bank Name, Branch Name, and evidence (Canceled Bank Cheque / Bank Passbook) in the Bank Account section.

Note:

  • The Account Holder’s name must match the Firm’s name.
  • The bank account information will be verified using the Public Financial Management System (PFMS).

Bank details of IEC
Step 11: Declaration for IEC Registration

  • In the “Other Details (Exports Sectors preferred)” section, fill in the boxes. Select the reason for applying for IEC or where this IEC will be used by answering the question “Why are you applying for IEC or where will this IEC be used?”
  • Accept the terms and conditions by checking the box under-declaration and entering your address.

IEC Signup
Step 12: IEC Digital Signature

  • Check the Application Summary and then sign the application using a digital token or Aadhaar by clicking the Sign button.

IEC Digital Signature
Step 13: Process the IEC Payment

Confirm and complete the payment for the application. You will be transferred to the Payment Gateway for payment (Bharatkosh). The fee for applying for an IEC is Rs 500. After a successful payment, the user will be transferred to the DGFT website, where the receipt will be shown and can be downloaded.

If a payment fails, please wait an hour for the money to be reflected by the Payment Gateway (BharatKosh)

iec payment details

Step 14: Reviewing Successful IEC Application

The IEC Certificate will be sent to the user’s email address (as used when applying for IEC), and if necessary, the IEC Certificate can be downloaded by logging into the DGFT website and using the “Print Certificate” feature in the “Manage IEC” section.

The IEC must be communicated to CBIC, and the transmission status may be found by going to “My IEC” and looking at the “CBIC Transmission Status” on the IEC Status bar.

iec registration sucessfull iec receipt

IEC Registration Fees

The import-export license registration fees is tabulated below:

Details Fees
Import Export Fees for Aayaat Niryaat Form no. 2A 0
IEC Fees for Filing at DGFT 0
Professional Fees for IEC Code
Rs. 999
Govt. Fees for IEC Code
Rs. 500

Sample Format of IEC Certificate

The sample format of the Import Export Code certificate will look like the following image.
Export-Import-Code-Sample

FAQs on IEC Registration Process

Question 1.
What are the government fees for the IEC code in India?

Answer:
According to the latest notification, the application fee for an IEC code is Rs 500, which can be paid online using e-wallets, Net Banking, Credit or Debit Cards. And the government or official fees for obtaining an IEC Code in India are Rs. 500.

Question 2.
What is IEC registration?

Answer:
Import Export Code (IEC) is a 10-digit code used by businesses and individuals to import and export products and services. The DGFT (Director General of Foreign Trade), Ministry of Commerce and Industries, Government of India, issues this code.

Question 3.
Which DSC is required for the IEC code?

Answer:
If you want to get an Import or Export License in India, you’ll need a Class 3 DSC. You’ll also need a class 3 DSC if you want to register the business or licence in the name of a single representative.

Partnership Firm Registration and Draft Partnership Deed

Partnership Firm Registration and Draft Partnership Deed

Partnership Firm Registration and Draft Partnership Deed: A partnership deed is a name given to an agreement between partners of a firm that summarises the terms and conditions of the partnership. It specifies several titles like profit or loss sharing, interest on capital, salary, admission of new partners, etc.

Governing Law

The Indian Partnership Act of1932 came into force with effect from 01.10.1932 and extended to the entirety of India, excluding the state Jammu and Kashmir.

What is a Partnership

As per The Partnership Act of 1932, a “Partnership” is the firm between persons who share the profits of a business.

Modules of Partnership

Individuals who have agreed to enter into a partnership are called “partners”, and collectively they are called a ‘firm’. The name of their business is called the ‘firm name.

Partnership Firm Registration and Draft Partnership Deed Registration Process

Reason to set-up:

  • Relatively easy to set-up
  • The number of statutory compliances are relatively more minor.

Procedure:

  • Selecting Partnership Firm Name
  • Creating a Partnership agreement, which may be oral or written. However, verbal contracts do not have any value; therefore, agreements should be in written format.

Essential characteristics of a partnership deed:

  • Name & Address of the firm and all the partners
  • Type of business
  • Date of Beginning of business
  • Period of Partnership
  • Contribution of Capital by each partner
  • Profit-sharing ratio amongst the partners

Partnership Firm Registration and Draft Partnership Deed Additional Clauses

  • Interest in Partner’s Capital and Interest to be charged on drawings.
  • Commissions or Salaries payable to partners
  • Process of preparing accounts and audit
  • Division of responsibility such as the duties and obligations of all the partners.
  • Instructions to be followed in the case of retirement, death and partner’s admission.
  • The Partnership Deed should be on official stamp paper according to the Indian Stamp Act, and every partner should keep a copy of the Deed.
  • The partnership should file a Replica of the Partnership Deed with the Administrator of Firms in the case of registration.

Partnership Deed Registration in India

As per the Partnership Act, registering a Partnership Firms is totally optional and depends on the partners.

If the partnership deed is unregistered, they may be unable to enjoy the benefits of a registered partnership.

Registration of Partnership can be done before opening the business or during the extension of the partnership. However, registration should be done before the firm proposes to file a court case to enforce the contract rights.

Procedure for Registration of Partnership Firms

  • An application consisting of the prescribed fees is needed to be submitted to the ROF or Registrar of Firms in the State’s original location.
  • The following documents need to be submitted besides the application:
    • Application for Partnership Registration
    • Duly filled sample of Affidavit
    • Certified Copy of the Partnership Deed
    • The ownership proof of the principal place of business or lease agreement thence.

The statement or application must be attested by each of the partners of the firm or by their agents. Once the registrar is contented with the points stated in the partnership deed, he will record an entry of the statement in the ROF or Register of Firms and publish a Certificate of Registration.

It is compulsory for all firms to apply for the Firm Registration with the Income Tax Department and get a PAN Card.

After gaining a PAN Card, the Partnership Firm will be needed to open a Current Account in the Partnership Firm’s name and control all its operations through the specified Bank Account.

On the Occasion of Retirement of a Partner

  • A partner might retire
  • After earning the consent of all other partners
  • In accord with an express agreement by the firm partners
  • The partnership is willing to provide a notice (in writing) to all the other partners and inform them of the individual’s intention to retire.

Key Points to Remember

  1. A Partnership firm need not file its yearly accounts with the registrar of the firm every year, unlike an LLP or a Company.
  2. Partnership firms have their profits taxed at 30% with additional Cess.
  3. Indian Citizens living in India can be Partners in a Partnership Firm together with minors (to enjoy the profits of the partnership).
  4. The business can transfer the share of a Partnership to any alternative person after obtaining the agreement of all the partners involved in the partnership.
  5. The transferability of a Partnership is inconvenient. Partnerships can be transformed into an LLP or any Private Limited Company.
  6. Partnership firms and their Partners are not considered discrete legal entities, and neither is the partnership’s existence perpetual.

Format Of Draft Partnership Deed

This Action of Partnership is executed on the day of (date) of the year (year) by and amongst

  1. (enter) S/o (enter) R/o.(After this mentioned to as the party of the first part);
  2. (enter) S/o (enter) R/o (in the following aspects of the document is the so-called party of the second part).

While the parties as mentioned above plan to carry forward the business in partnership by the name, and the style of (insert name of the firm) according to this Deed of Partnership.

If all the parties as mentioned above herewith wish that the terms and conditions be abridged in writing to omit any unnecessary disputes and confusion, if any, that may arise in the future.

Deed Witness

  1. The partnership business should be carried forward under the same name and style of the name of the firm.
  2. According to this Deed, the business of the partnership firm (enter Business object)or any additional business may be marked from time to time mutually by every firm partner.
  3. The Head Office of the partnership firm will be situated at (enter address of the firm). 
  4. The primary place of business is allowed to be shifted to any other site or area as per the partners’ unanimous decisions from time to time.
  5. Any branch can be opened under any unique name and style at a place or place, as the partners may resolve from time to time.
  6. The terms and conditions of the partnership should be considered to have been started with effect from the (insert date) day of (insert month), 20 (insert year).
  7. The investment required for the partnership should be contributed by all the partners as jointly agreed upon between the partners.
  8. The partnership should preserve the regular books of accounts of the particular partnership at the place of a business that is to be closed on (insert day and month)each year. Every firm partner shall have admission and power to hold copies of the same.
  9. All transactions as entered into the book by them on behalf of the partnership should be authentically noted.
  10. At the close of each accounting year, the partnership’s accounts should be drawn up, and the Account of Profit & Loss and the Balance Sheet of the business should be prepared. The Profit or losses falling to the segment of each partner should be credited or debited to the individual accounts.
  11. Any two partners should duly sign the Profit or Loss Account and the Balance Sheet.
  12. The Profits and Losses according to the Profit and Loss Account of the partnership business should be divided amongst all the partners as under:
    1. (Party of the First part)
    2. (Party of the Second part) 
  13. Any of the partners should control the bank account(s) of the partnership to this deed or as may be jointly decided from time to time.
  14. No partner, without the inscribed consent of all the other partners, should do or aid in undertaking any of the following acts:
    1. Selling, mortgage, assigning or otherwise transferring their interest or share in the partnership business or possessions.
    2. Charging, mortgage, speculating, assigning or otherwise transferring the business, possessions or rights of the partnership firm.
  15. The partnership should be formed at will and can be dissolved at will with the joint consent of all the parties to this deed.
  16. All the parties to this deed should work meticulously and faithfully to the mutual advantages of the firm and should render correct information to each other.
  17. Any agreement or difference that may arise between the partners and/or their legal heirs, inheritors or representatives with regard to the meaning, construction, and effect to this deed and/or parts thence or in accordance of the accounts, the profits or losses of the business of the alleged firm or any other matter relating to the firm should be stated as adjudication as under the Indian Arbitration Act of 1940.
  18. The provisions of the Partnership Act of India 1932should be applied with regards to matters and not expressly provided before in this partnership deed.
  19. Any of the terms mentioned above, any condition and stipulations may be changed or varied or added to by jointly taking the accumulated consent of all the partners (in writing).
  20. Every business expense should be borne by the whole Partnership Firm.
  21. The authorities and duties of the Partners of a firm, which should be exercised at their sole decision with mutual consent (written or verbal) from partners, should include below:
    1. To convert the partnership Firm to LLP or Private Limited or Limited Company, as and when a Partner chooses to do so.
    2. To acquire, takeover, purchase, and/or combine businesses or undertakings of different companies or firms which, under the existing circumstances, from time to time, can conveniently or favourably be combined with the main business of the firm, to join or merge with those companies whose businesses are acquired, taken or purchased over and/or to enter into an agreement with the object of procurement of such undertaking and/or business.
    3. To go into the acquisition, takeover or purchase and/or combine any other entities or vice versa depending upon the time when the Partner chooses to do so.
    4. Sell, mortgage, lease or assign and in any other method feel with or dispose of the partnership or properties of the partnership or any part thence, whether portable or permanent for such consideration as the partners of the partnership may think suitable.
    5. Sell, mortgage, lease or assign or dispose the properties or assets of the firm (with movable or immovable) to any company or another object at jointly agreed amounts by the partners.

Note: The firm may follow the points mentioned above but it is not limited to them.

  1. The wealth required for the business purpose of Partnership should be contributed by the Parties from time to time in such a way that, in all respect, the agreement remains solid between partners. A simple 12% rate of interest per annum should be paid by the firm to the respective parties.
  2. It is to be noted that any partner is permitted to draw salary, remuneration and/or commission for being employed in the partnership firm as decided upon between the partners.
  3. Businesses should note that the books of accounts and any other documents belonging to the partnership should be kept at the location of business only and should, at all practical times, be accessible for inspection by any such parties or the company’s own authorized agents.
  4. The written consent of each and every Partner will be needed for the partnership to gain credit facilities from any such financial institution.
  5. The subjects for which not any provisions have been made for this deed may be marked upon by joint consent of the parties (in writing).
  6. Unless provided before, the provisions of the Act on Indian Partnership of 1932 should be applied.
  7. In witness where the parties in the annex to this regulation have set and promised their hands on the day, calendar month and year as mentioned above.
  8. Witnesses 1and 2
  9. Executants: Parties of the First and Second Part.
Brief Regarding Rules of Interpretation of statutes

Brief Regarding Rules of Interpretation of Statutes

Brief Regarding Rules Of Interpretation Of Statutes: The modern rules and acts under enacted laws are drafted by legal experts. However, it can be expected that the language used could leave some room for constructional advice or interpretation.

The experience differs for all those who carry around and share the task of interpretation of the law.

The words often used in a statue don’t need to be at all times unambiguous, clear, and explicit.

Thus, in these cases, courts must determine a clear and comprehensive meaning of phrases or words used simultaneously and by the legislature removes all the doubts if anybody has any.

Hence, all the rules briefed in the article are critical for understanding justice.

What Does The Term Interpretation Mean?

The term, interpretation, means to explain, understand, translate and even expound. Interpretation is the process of defining, translating, or expounding any text or phrase in a written form.

Interpretation involves the Act of discovering the true meaning of the language that is used in the statue. However, the sources used are only limited to inspect the written text and clarify the written text or statutes.

Interpretation of statutes is the correct understanding of the law and is commonly adopted by the courts. Interpretation of statutes is used for determining the exact intention of the legislature.

The court’s objective is not just to read the law but also to apply it most effectively to befit multiple cases.

The application is used to establish the actual connotation of the Act or document with the legislature’s true intention.

The main motive of the interpretation is to throw light on the meaning of the words used in the statues, which might stay ambiguous.

Statutory interpretation is the process of interpretation and application of legislation used commonly by the courts.

In a case that involves a statute, some amount of interpretation is often necessary. However, in several instances, the written texts of the statute hold vagueness or ambiguity that the judge must resolve.

The process of ascertaining the true meaning of the written texts in the statute is called interpretation of the statute.

Reasons for Interpretation of Statutes

There are two fundamental reasons for the need for interpretation of statues-

  • Legislative Language – Legislative language is often complicated for a layperson to comprehend and may require interpretation.
  • Legislative Intent – Legislative intent or the intention of the legislature assimilates in two significant aspects:
    • The concept of ‘meaning’, that is, the definition and summary of the word
    • The concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ permeating through the statute of interpretation

Principles Of Interpretation

The principle of the statute of interpretation is a written text that must be read as per the grammatical and standard sense. The rule must be read in entire context with the Act’s scheme, the legislature’s intention, and the object of the Act.

A few essential points to remember in the context of interpreting statutes are-

  • The statute of interpretation must be read as a whole in the context.
  • The intention of the legislature must be maintained.
  • The construction process is a combination of both the purposive and literal approaches.
  • The statute of interpretation should be construed to make the rule practical and workable; however, if the provision is ambiguous, then the adoption of the suitable construction.
  • The purposive construction rule highlights the shift from literal construction when it leads to absurdity.
  • If the statute’s meaning is plain, the effect is irrespective of the consequences.

Rules Of Interpretation

The court is implausible to interpret arbitrarily. There have been specific principles that have evolved out of the continuous exercise by the courts, known as the rules of interpretation.

There are two primary rules of interpretation-

Primary Rule

  1. Literal or Grammatical Rule
  2. Mischief Rule or Purposive Construction

Literal or Grammatical Rule

In the Literal or Grammatical Rule, the phrases and words used the interpreted or given in their ordinary or natural meaning.

Even after interpretation, if the meaning remains unambiguous, an effect passed explains the consequences of the provision of the statute.

The basic rule is to maintain and interpret the provision for the intention legislature according to the laws of interpretation.

This is the safest rule as the legislature’s intention is deduced from the phrases and words and the language used.

In the Literal or Grammatical Rule, the only duty of the court is to give the effect of the language remains plain in the language of the statute and no reason to deal with the consequences.

The only obligation of the court is to expound the laws if harsh consequences and remedies are to be sought by the legislature.

Mischief Rule or Purposive Construction

Mischief Rule is a purposive construction as it upholds the purpose of this statute is most important during the application.

This rule is also known as Heydon’s rule because it was put in use by Lord Poke in Heydon’s case in 1584.

Four things have to be followed for a credible interpretation of all the statutes such as-

  • What is the common law before the construction of an Act?
  • The mischief for which the present statute was enacted upon
  • Enlist the remedies the Parliament sought to cure the disease of the commonwealth
  • The final point to remember was the valid reason for the remedy.

The purpose of the mischief rule of purposive construction is to suppress the mischief and advance the remedy.

The Golden Rule

A golden rule solves all the problems of interpretation as it goes by the literal law where any ambiguity, injustice, inconvenience, hardship, inequity shall be discarded. The understanding is to be a manner that upholds the purpose of the legislation.

The rule follows the interpretation of the natural meaning of the written text used in the statute of understanding.

The Golden Rule suggests that the consequences and effects of interpretation deserve high significance. The presumption here is that the legislature does not intend particular objects. Such interpretation that leads to unintended things shall be rejected and the court must construe to harmonise them and not destroy them.

House Rent Allowance (HRA)

House Rent Allowance (HRA)

House Rent Allowance (HRA): As per Section 10(13A) of India’s Income Tax Act, the salaried class receives a House rent allowance (HRA). A deduction is permissible according to Rule 2A under Section 10(13A) of the Income Tax Rules. One can claim exemption on their HRA under the Income Tax Act if one stays in a rented house and accept an HRA from their employer.

The actual rent paid and the place of residence, which is the salary, on which the deduction is based on the HRA. The place of residence is essential. The tax exemption on HRA for Delhi, Chennai, Mumbai, and Kolkata, is 50 percent of the basic salary, while it is 40 percent of the basic salary for other cities.

The city of residence is to be acknowledged for calculating HRA deduction.

How Does the Deduction under HRA Depend on the Residential City?

The most negligible value of these is permitted as tax exemption on HRA:

Actual rent allowance the employer contributes as part of salary in the appropriate period during which the rental accommodation was occupied. The actual rent paid for the house is 50 percent of basic salary, less 10 percent of basic pay if one stays in Mumbai, Chennai, Calcutta, Delhi or 40 percent if one resides in other cities.

Only for the rented premises, the rent must actually be paid to claim the exemption that one occupies.

Also, the employee must not own the rented premises. As long as the employee does not own the rented property, as up to the limits specified, the exemption of HRA will be available to that person.

What does One Mean by Salary in HRA?

The salary basically means basic salary and includes dearness allowance, for the purpose of this deduction if the terms of employment render it, and commission are provided on the basis of a fixed percentage of the gross turnover achieved by the employee.

The deduction is obtainable only when the rented house is occupied by the employee and not for any time after that. It is to be noted that HRA and the tax benefits for home loans are two different aspects.

In case a person is paying rent for an accommodation, that person can claim tax benefits on the HRA component of their salary while also availing tax benefits on a home loan.

One need to submit proof of rent paid through rent receipts, duly stamped and signed, along with other necessary details such as the owner’s name, the rented residence address, period of rent etc.

How it applies:- For example, assume a person earns a basic salary of Rs 40,000 per month and the person also rents a flat in Bangalore for Rs 10,000 per month. The person’s actual HRA is Rs 16,000. The person is eligible for 50 percent of the basic pay for HRA exemption.

Least of

  • Actual HRA received – Rs 16,000
  • 50 percent of basic salary – Rs 20,000
  • Excess of rent paid over 10 percent of salary, i.e., Rs 10,000 fewer Rs 4,000 – Rs 6,000.

The least exemption allowable for HRA deduction as such will be Rs 6,000 per month.