Monday 26 May 2014

Details to be submitted electronically as per KVAT Notification






As per the notification no: CCW/CR 44/2013-14 dated 29-4-2014, 

Every dealer whose total turnover is Rs.50 lakhs and above during the tax period of the year ending 31st March 2014 or whose cumulative total turnover is RS.50 lakhs and above in the tax period of any subsequent year shall furnish electronically through internet the following details on or before 20th day of subsequent month , 

  • Purchase/sale of goods made within the state 
  • Purchase/sale made in the course of interstate trade or commerce 
  • Purchase/sale made in the course of import/export 
  • Debit or Credit note issued or received 
  • Receipt/transfer of goods in other wise than by purchase from a registered dealer outside the state. 

Every such dealer shall furnish the details as mentioned above with Local VAT Officer(LVO) or VAT Sub Officer(VSO) and follow the procedure and instructions as specified in the website i.e., http://vat.kar.nic.in/ to enter the details. 

For further details on this notification : http://ctax.kar.nic.in


Sunday 18 May 2014


Foreign Inward Remittance Certificate (FIRC)

1. Introduction

Foreign Inward Remittance Certificate (FIRC) is a document that provides proof of inward remittance to India. It is treated as documentary evidence by most of the statutory authorities for confirming the validity of the foreign money received by the beneficiary. 


2. Purpose

When a beneficiary receives fund from outside India that will be credited to his account through an Authorized Dealer only (normally a Bank). (Authorized dealer means an authorized person by the Reserve Bank of India to deal in foreign exchange or in foreign securities under the Foreign Exchange Management Act). If the bank, in which the beneficiary is having his account, is not an Authorized Dealer, then the money will come to beneficiary’s account through an Authorized Dealer. Based on the information provided by the beneficiary upon receipt of money the banker will issue FIRC stating the purpose of receipt i.e. towards equity investment, advance against export of services / goods, capital expenditure etc. 


3. Relevance

A few cases where FIRC assumes importance
  •  In case of Issue of Shares to a foreign entity/person, FIRC is a proof for receipt of share application money. 
  • Similarly it is also proof that share purchase consideration has been received by a resident seller, in case of transfer of shares by a resident Indian to a non-resident buyer. 
  • In case of export of services there is no Service tax to be paid, subject to Export of Services Rules. Here again FIRC becomes a documentary proof for exports made and remittances received thereof in freely convertible foreign exchange. 
  • In case of Advance License, EPCG etc., FIRC is one of the important documents to be submitted to DGFT as a proof of export made.

4. Contents and issue procedure

FIRC normally contains the following details:
  • Name of the beneficiary 
  • Whether the amount is paid by cash or by crediting the beneficiary’s a/c 
  • Name and address of the remitter 
  • Name and address of the remitting bank 
  • DD/TT No/Cheque No 
  • Foreign currency amount 
  • Equivalent rupee amount (in figures as well as words) 
  • In favour of whom the amount has come 
  • Exchange rate applied 
  • Purpose of the remittance as stated by beneficiary. 

It is signed by the Authorized signatory of the AD bank and countersigned by one more person. As a procedure, this Certificate will come to the address of the account holder, normally within a period of 15 days from the date of credit of funds to beneficiary’s account. FIRC must be kept in safe custody since duplicate will not be issued, if original is lost.

Generally there is confusion about which bank should issue FIRC in case the inward remittance has come into the beneficiary’s account through more than one bank. In our practical experience and as per clarifications received from 1-2 banks, the first bank that receives the inward remittance in convertible foreign exchange must issue the FIRC since it will have the details of the overseas remitting bank.

5. Conclusion

As explained above, FIRC assumes great importance in respect of remittances received from outside India. Therefore, it is critical that beneficiaries follow up with the banks and obtain the FIRC immediately after credit of inward remittance. Particular attention needs to be paid to “purpose of remittance” because any wrong mention of this has serious implications in terms of remittance, usage and accounting of the same. 





Believe

-          All “Things” are possible for those who “Believe”

“The future” belongs to those who “believe” in the beauty of the dreams. Life is existing based on the belief. Miracles start to happen when you believe your dream and give your at most effort to make it a reality.

Ludwig Van Beethoven



He was a German composer and pianist whose hearing began to deteriorate at the age of 20. Despite increasing deafness, Beethoven continued his work. He composed inspiring pieces of music and continued to conduct and perform even after losing his hearing completely. He believed in the beauty of his musical compositions in spite of not being able to hear himself – one of the reason why he remains one of the most acclaimed and influential composers of all the time.





Elvis Presley



He was an American musician, actor, was enrolled at Humes High School, his music teacher give him a ‘C’ in music in 8th grade and told him that he had no aptitude for singing. The next day, the teenage Persley brought in his guitar and sang in an effort to prove otherwise. By the time he graduated high school in June 1953, Persley had already chosen music as his future, Persley who never received formal music training or learned to read music, sold over 300 million albums during his life time and became world renowned as "King of Rock and Roll".




Soichiro Honda



Soichiro Honda is the founder of the company Honda which is one of the well known large automotive companies. Honda's story starts when he went for a job interview to work for the Toyota company. Honda was rejected and was told that he is not fit for the job!! The man didn't give up and decided to create a company that competes with Toyota and so honda was born!!





In their own way, all these people set an example of fulfilling the dreams they believed in........ an example, we could all do well in our own lives as well.

Friday 9 May 2014



One Person Company

One Person Company(OPC), is been newly introduced in recently enacted Companies Act 2013, the concept may be new to India, but it has been followed by other parts of the world like European countries where it is more prevalent.

Meaning:


Sec 2(62) of Companies Act 2013 defines “One Man Company” as a company which has only one person as a member.
A one man company is treated as Private company only. OPC consists of one person who himself is promoter, director, member which are all rolled into one.
Section 12(3) states that the word “One Man Company” shall be mentioned in brackets below name of such company, where ever the name is printed or affixed.

Features:

  1. Only One Shareholder: Only a person, who is an Indian citizen and resident in India shall be eligible to incorporate a One Person Company.
  2. Nominee for the Shareholder: The Shareholder shall nominate another person who shall become the shareholders in case of death/incapacity of the original shareholder. Only a Indian citizen and resident in India shall be a nominee for the sole member of a One Person Company 
  3. Director: Must have a minimum of One Director, the Sole Shareholder can himself be the Sole Director. Company may have a maximum number of 15 directors.
Steps to Incorporate One Person Company (OPC):
  1. Obtain Digital Signature Certificate [DSC] for the proposed Director(s). 
  2. Obtain Director Identification Number [DIN] for the proposed director(s). 
  3. Select suitable Company Name, and make an application to the Ministry of Corporate Office for availability of name. 
  4. Draft Memorandum of Association and Articles of Association [MOA & AOA]. 
  5. Sign and file various documents including MOA & AOA with the Registrar of Companies electronically. 
  6. Payment of Requisite fee to Ministry of Corporate Affairs and also Stamp Duty. 
  7. Scrutiny of documents at Registrar of Companies [ROC]. 
  8. Receipt of Certificate of Registration/Incorporation from ROC.
Terms and Restrictions of OPC:
  1. A person shall not be eligible to incorporate more than a One Person Company or become nominee in more than one such company. 
  2. Minor cannot shall become member or nominee of the One Person Company or can hold share with beneficial interest. 
  3. An OPC cannot be incorporated or converted into a company under Section 8 of the Act. [Company not for Profit]. 
  4. An OPC cannot carry out Non-Banking Financial Investment activities including investment in securities of any body corporate. 
  5. An OPC cannot convert voluntarily into any kind of company unless two years have expired from the date of incorporation of One Person Company, except if the Paid-up capital of the Company crosses Rs.50 Lakhs or the average annual turnover during the relevant period exceeds Rs.2 Crores, then the OPC has to invariably file forms with the ROC for conversion in to a Private or Public Company, with in a period of Six Months on breaching the above threshold limits.