- Inputs from Chryslynn Dcosta, Avanti ShrikumarWhy do academicians and social workers stress the importance of using the correct labels for marginalised groups of people? The reason is that language read more
- Inputs from Chryslynn Dcosta, Avanti Shrikumar
Why do academicians and social workers stress the importance of using the correct labels for marginalised groups of people? The reason is that language influences thought. If we are free to use derogatory words for underprivileged groups (for instance, if we use the word “untouchables” instead of the word “dalits”), we normalise the idea that it is ok to treat such groups with less respect. The converse holds true as well; if we fail to label criminals with a word that reflects the atrocity of the crime (for instance, if we use the word “fighters” instead of the word “terrorists”), we mentally blind ourselves to the true nature of the acts they commit. “Call a spade a spade” as the saying goes.
Now, consider industries in the service sector and the respective labels they use for the professional and the customer. By and large, the title of the professional is directly associated with the profession. Consider: cabin crew, technicians, carpenters, plumbers, waiters, etc.
By contrast, the labels given to individuals who are forced to offer sexual services are laden with negative stigma. Consider: prostitute, hooker, gigolo and whore. However, the label for those who take advantage of exploited individuals is simply “customer” or “client”, as though what they are doing is as acceptable as hiring a plumber.
It is basic economics that supply follows demand - and yet, the stigma towards prostitution is focused on the supply and not the demand. People often ignore that it is the demand alone which creates a supply chain that relies on human trafficking, exploitation, rape and abuse, often involving young children. The trauma and torture that victims of trafficking experience is unreported and underplayed. Which leaves us wondering: Why isn’t the client, who is fully aware of these atrocities, labelled with a word that reflects the true nature of what they are doing?
What can we call this person? Help us find a word that reflects the insensitive, inhuman and utterly selfish nature of this ‘client’.
You may have seen advocates who is completely busy with their professional life but you may not have come across someone who has dedicated his entire life for improving the standards in legal profession read more
You may have seen advocates who is completely busy with their professional life but you may not have come across someone who has dedicated his entire life for improving the standards in legal profession after reaching a stage of admiration as a senior lawyer. We are talking about Mr. Mahendra Prasad Turlapati, the Senior Advocate from Warangal district of Telangana State. Enrolled himself as an advocate in the year 1983, Mahendra Prasad started his career as a junior Advocate and soon became the authority in law. In his career spanning over 35 years, Mr. Prasad fought thousands of cases and won most of them bringing justice to his clients and bringing smiles on their faces. He is also a role model for all his junior Advocates unlike other advocates. He leaves no opportunity to guide the juniors and help them prepare their briefs and pleadings. “ I don’t mince words to state that Mahender Sir is my mentor and teacher. He has played a significant role in transforming me into an efficient and excellent lawyer,” Krishna rao, a senior Advocate from Warangal said. In order to expand his reach and serve more number of people, Mahendra Prasad has decided to contest in the upcoming elections for the post of member of the bar council of Telangana State. He already has a vision for the growth, welfare and development of young advocates. His vision is to completely transform the bar council and make it more vibrant and more responsive in solving problems faced by the advocates. The fore most goal of the veteran lawyer is to extend monetary benefit of Rs.5,000 per month as stipend to all junior Advocates with five years and less standing at the bar. Besides this, he also wants the life insurance cover of the advocates increased from the current Rs.5 lakh to Rs.10 lakh in case of the death of any Advocate and Rs. 5000 per month financial support to the spouse of the advocate. He is also proposing a retirement age of 70 years for all the advocates with an objective to allow more Young law graduates to take up litigation as their career. The elections to the state bar council are scheduled to be held on June 29, 2018 across the state. The serial number of Mahendra Prasad in ballot paper is 32.
Arbitration & Conciliation Act, 1996If the party which executes discharge agreement/ discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/ coercion/ read more
Arbitration & Conciliation Act, 1996
If the party which executes discharge agreement/ discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/ coercion/ undue influence practiced by the other party but is not able to establish such a claim or appears to be lacking in credibility, then it is not open to the courts to refer the dispute to arbitration at all.
(2018) 3 SCC 373
Execution/ enforcement of award can be done/ filed anywhere in country where such decree can be executed and there is no requirement for obtaining a transfer of decree from court which has jurisdiction over arbitral proceedings/ award/ within whose jurisdiction award is passed - CPC, 1908, Ss. 47, 151, 37, 38 & 46 and Or.21 Rr.6, 11(2) and 27
(2018) 3 SCC 622
S.34(4) - Remand of matter to arbitrator - When can be done - objective of remand - What is and limitations upon.
(2018) 11 SCC 328
S.25(a) & S.23 - Arbitral Tribunal after terminating proceedings under S.25(a) for non-filing of claim by claimant, has jurisdiction to consider application for recall of order of termination of proceedings on sufficient reasons being shown by claimant.
(2018) 11 SCC 470-A
S.33(2)(c) - Not attracted where proceedings terminated by Tribunal for default of submission of claim statement by claimant.
(2018) 11 SCC 470-B
Object - Power exercised by Arbitral Tribunal is quasi-judicial in nature
(2018) 11 SCC 470-C
Section 19 - though Arbitral Tribunal not bound by rules of procedure contained in CPC and Evidence Act, but it is not incapitated in drawing sustenance from those rules.
(2018) 11 SCC 470-D
S.81 - Confidentiality of matters relating to conciliation proceedings - Extent of confidentiality.
1- Immediately ask for the "bank memo" from the bank where you have deposited the cheque. 2- Send a Legal notice within 30 days- Sending a legal notice is mandatory in cheque bounce cases. read more
1- Immediately ask for the "bank memo" from the bank where you have deposited the cheque.
2- Send a Legal notice within 30 days- Sending a legal notice is mandatory in cheque bounce cases.
3- Give 15 days time to the accused through a legal notice to settle the issue. If the accused is ready to pay the amount back after receiving the legal notice then get a " settlement deed" drafted and notarize it in presence of witnesses.
4- If the accused does not settle the issue within 15 days, you have to file a complaint u/s 138 N.I Act before the Hon'ble Court.
Important to know:
1- That 138 complaint can only be filled if the steps are taken within prescribed time. Or else you will lose your right to claim your money.
2- 138 is a criminal offence. Thus, police gets involved in such cases and accused person has to obtain bail or else warrants are issued against accused and he can be arrested too.
3- The only documents required to file 138 is a bounced cheque, bank memo, copy of legal notice.
3- It is a very speedy process. And most of the cases gets settled before the judgement only because accused is under pressure of getting arrested.
Kanika Bhardwaj
Advocate, New Delhi
B.A,LLB,LLM (Business Laws)
+91-9582000415
Impact of rise in Import duty by Govt.of USA on Indian economy & other countries..... To upgrade USA Economy, Mr. Donald Trump, President of USA, has made historical decision to increase an import read more
Impact of rise in Import duty by Govt.of USA on Indian economy & other countries.....
To upgrade USA Economy, Mr. Donald Trump, President of USA, has made historical decision to increase an import duty on aluminium & steel which are used mainly in Space and Automobile industries. With the implementation of new rates of import duties by USA Govt, professional activities on the ports & air terminals across the globe have slowed down and many countries have started cancellation of their confirmed orders. Industrial productions has also slowed down. This is the beginning of a trade war which was predicted by expert Economists. There is going to be a lot of pressure on the world economy and all the countries will end up paying very heavy price for this.
History says that Trade War has proved very fatal for the world economy as a whole as it increases enmity between various countries and there is a threat for the whole world coming under the influence of one single country..
This, in turn, is going to adversely affect Indian economy which in turn is going to affect all the professionals also.
COST AUDIT Section 148 of the Companies act 2013 provides the provision of Cost Audit and The Central Government issued Companies (Cost Records and Audit) Rules, 2014 on June 30, 2014. Government read more
COST AUDIT
Section
148 of the Companies act 2013 provides the provision of Cost Audit and The
Central Government issued Companies (Cost Records and Audit) Rules, 2014 on
June 30, 2014.
Government
needs authentic and reliable data of cost for various purposes like price
fixation of controlled commodities. The information is also useful in various
decisions like fixation of duty drawback, export incentives; amount of excise
duty the product can bear, deciding whether special incentives are required to
a particular industry etc.
There
are certain and rules have been provided for regulation and working of Cos
Audit.
Subsequently,
various amendments are carried out in the above rules as enumerated below from
time to time till date:
The Companies (Cost Records
and Audit) Amendment Rules, 2014 dated 31/12/2014
This amendment brought the
changes as pointed below:
i.
Definition of Central excise tariff heading given
ii.
Rule 3 – Application of cost records substituted – Table A and Table B added
iii.
Rule 4 – Applicability of cost audit substituted – Table A and Table referred
iv.
Proviso to Rule 5(1) inserted.
v.
Rule 6(3A) inserted – to give the provision to fill the casual vacancy within
30 days.
vi.
Rule 7 (Rules not to apply in certain cases) omitted
vii.
Form CRA-1 and CRA 3 substituted
2. The Companies (cost
records and audit) (Amendment) Rules, 2015 dated 12/06/2015
This amendment brought the
changes as pointed below:
i.
Amendment in CRA-2 & CRA-4
3. The Companies (cost
records and audit) (Amendment) Rules, 2015 dated 14/12/2015
This amendment brought the
changes as pointed below:
i.
Rule 13 of The Companies (Cost Records and Audit) Rules, 2014 was substituted
with new clause
4. The Companies (cost
records and audit) (Amendment) Rules, 2016 dated 14.07.2016
This amendment brought the
changes as pointed below:
i.
Definition of cost audit Report is substituted with the new one
ii.
Table A and Table B given under Rule 3 are substituted.
iii.
Rule 4(3)(iii) is inserted to include captive generation plant.
iv.
proviso to Rule 6 (1) written consent of the cost auditor is required to be
obtained.
v.
Rule 6(1A) inserted to include certificate from cost auditor in terms of
section 141
vi.
Proviso to Rule 6 (3) inserted for removal of cost auditor before expiry of
term.
vii.
Rule 6(3B) inserted to include approval of Board of directors for the cost
statements and annexures of cost audit report before signed on behalf of board.
viii.
Rule 6(5) substituted for providing that cost audit report shall be submitted
to board within 180 days from closure of FY.
ix.
Rule 6(6) substituted to provide filing of cost audit report in form CRA-4-XBRL
within 30 days of receipt
Section 148 of the
Companies Act, 2013 read with the Companies (Cost Records and Audit) Rules,
2014 (by considering various amendments as mentioned above) are applicable and
governs the maintenance of cost accounting records and cost audit
APPLICABILITY-
Every
company including a foreign company engaged in the production of goods or
providing services specified in the Tables -A & B of rule 3, having an
overall turnover from all its products and services of Rs 35 crores or more
during the immediately preceding financial year shall include cost records for
such products and services in their books of accounts maintained.
RULE-3
The Rule 3 has classified
sectors under Regulated and Non-Regulated sectors.
The
sectors covered under Table A are under the Regulated Sector and sectors
covered under Table B are under the Non-Regulated Sector.
Every
company engaged in the production of the goods or providing services, specified
in Tables (Table A – Regulated sectors and Table B – Non-regulated Sectors),
having an overall turnover from all its products and services of Rupees thirty
five crore or more during the immediately preceding financial year, shall
include cost records for such products or services in their books of account.
Provided
that nothing contained above shall apply to a company which is classified as
micro enterprise or a small enterprise including as per the turnover criteria
under sub-section (9) of section 7 of the Micro, Small and Medium Enterprises
Act, 2006.
RULE-4
Rule 4states that cost audit
would be applicable to a company if the classification of company falls under
Industry / Sector / Product / Service provided in Table A or Table B and:
For
any company to fall under the requirement of Cost Audit following two tests
shall apply:
a. Coverage under Table – A
and / or Table – B.
Company’s
product / services shall fall under one or more categories given under Table A
and / or Table B. AND the respective Central Excise Tariff Act (CETA) headings
(wherever applicable).
b. Turnover:
(i)
If the products or services of the company falls under Table A – Regulated
sectors:
Overall
annual turnover from all products and /or services is Rs. 50 crore or more AND
aggregate turnover from individual product or services for which cost records
are required to be maintained is Rs. 25 crore or more, during the immediately
preceding financial year;
(ii)
If the products or services of the company falls under Table B – Non-regulated
Sectors:Overall annual turnover from all products and / or services is Rs. 100
crore or more AND aggregate turnover from individual product or services for
which cost records are required to be maintained is Rs. 35 crore or more,
during the immediately preceding financial year.
Exemption from applicability
of Cost audit(Rule 7):
The
requirement of Cost Audit under these rules shall not apply to a company which
is covered in Rule 3, and –
i.
whose revenue from exports, in foreign exchange, exceeds 75% of its total
revenue; or
ii.
which is operating from a special economic zone.
RULE-5
MAINTAINANCE OF RECORDS
The
requirement to maintain cost records in Form CRA-1 have been postponed to
Financial Year 2015-16 for the following companies in some non-regulated
sectors, namely; Coffee and Tea, Milk Powder and Electricals and electronic
machinery.
Every
company, which comes under the Rules, including all units and branches, shall,
in each financial year from 1-4-2014, maintain cost records in Form CRA-1.
In
the case of company covered in serial number 12 (coffee and tea) and serial
numbers 24 to 32 of item B of Rule 3, the requirement of Rule 5 shall apply in
respect of each of its financial year on or after 2014-2015.
The
above cost records shall be maintained on regular basis so as to help
calculation of per unit cost of production or cost of operations, cost of sales
and margin for each product and activities for every financial year on monthly,
quarterly, half-yearly or annual basis.
The
cost records shall be maintained in such manner as to enable the company to
have control over various operations and costs to achieve optimum economies in
utilization.
RULE-6
Pursuant
to the rules 3 and 4, it is clear which are the companies to whom Cost Audit
shall be applicable in every financial year and therefore there is no need for
the Central Government to issue order directing Cost Audit.
Cost Audit Report-Rule 6(4)
as amended on 31-12-2014
The
Cost Auditor shall submit the Cost Audit Report along with his or its
reservations or qualifications, if any, in Form CRA-3 to the Board of Directors of the company within a
period of 180 days from the closure of the financial year.
The
Board of Directors shall consider and examine such report, particularly any
reservation or qualification contained therein.
The
cost statements, including other statements to be annexed to the cost audit
report, shall be approved by the Board of Directors before they are signed on
behalf of the Board by any of the director authorised by the Board, for
submission to the cost auditor to report thereon";
Copy of the Cost Audit Report
to be furnished to the Central Government:
Every
Company shall forward a copy of Audit Report to the Registrar of Companies
within 30 days of receipt of the Audit Report along with the full information
and explanation on every qualification or reservation, if any, in Form CRA-4with fees specified in
Companies (Registration Offices and Fees) Rules, 2014.
Duty of the Cost Auditor to
report on commission of offence found during the Audit-Rule 6(7)
In terms of Section 143(12) of the Act, if the
Cost Auditor, in the course of his duties as Cost Auditor, has reason to
believe that an offence involving fraud has been or is being committed against
the Company by its officers or employees, he shall immediately report the
manner to the Central Government.
Content of the Certificate of
cost Auditor:
The
individual or the firm, as the case may be, is eligible for appointment and is
not disqualified for appointment under the Act, the Cost and Works Accountants
Act, 1959 (23 of 1959) and the rules or regulations made thereunder.
The
individual or the firm, as the case may be, satisfies the criteria provided in
section 141 of the Act, so far as may be applicable.
The
proposed appointment is within the limits laid down by or under the authority
of the Act;
The
list of proceedings against the cost auditor or audit firm or any partner of
the audit firm pending with respect to professional matters of conduct, as
disclosed in the certificate, is true and correct.
APPOINTMENT OF COST
AUDITOR-
Who can be appointing as cost
auditor:
A
cost Accountant in practice or a firm of cost accountants can be appointed as a
cost auditor.
A
cost accountant holding certificate of practiced on part time basis is not
entitled to conduct cost audit. Thus, only a cost accountant in whole-time
practice can conduct cost audit.
Who can’t appoint as cost
auditor:
Statutory
Auditor appointed under Section 139 of the Act can’t be appointed as Cost
Auditor of the Company.
Process for appointment of
Cost Auditor:
Consent
of Auditor: Before appointment is made, the written consent of the cost auditor
to such appointment, and a certificate from him or it, as provided in sub-rule
(1A), shall be obtained.
If
Company has Audit Committee: Appointment and remuneration will be recommended
by audit committee and approved by Board.
If
Company doesn’t have Audit Committee: If there is not audit committee, appointment
and remuneration fixation will be done by Board. Later, this remuneration shall
be ratified by Shareholders.
Information for appointment
Cost Auditor:
a.
Information to Cost Auditor: Every Company which requires appointment of Cost
Auditor shall inform the Cost auditor of his appointment within 30 days of
Board Meeting in which resolution for appointment has passed.
b.
Information to ROC: Company will file
form CRA-2 with ROC: Within 30 days of passing of Resolution in Board Meeting,
OR Within 180 days of the commencement of financial year. Whichever is earlier.
Removal of Cost Auditor:
The
cost auditor appointed may be removed from his office before the expiry of his
term, through a board resolution after giving a reasonable opportunity of being
heard to the Cost Auditor and recording the reasons for such removal in
writing.
Appointment of Cost Auditor
in case of Casual Vacancy:
Any
casual vacancy in the office of a cost auditor whether due to resignation,
death or removal, shall be filed by the Board of Directors within 30 days of
such Vacancy.
Company
will file form CRA-2 with ROC within said 30 days. Period by which appointment
to be made-Rule 6(1): The concerned companies shall appoint the Cost Auditor
within 180 days of the commencement of every financial year.
Limit of number of Cost
Auditor:
Limit
of number of audit per person, as are applicable to Statutory Auditors are
applicable to Cost Auditors.
Qualifications, Rights,
Duties and obligations of Cost Auditor:
The
qualification, disqualification, rights, duties and obligations of Cost
Auditor/firm of Cost Auditor are same as applicable to Statutory Auditors.
Note: The auditor
conducting the cost audit shall comply with the cost auditing standards.
Punishment on
contravention of this Section:
To the company:
The
company shall be punishable with a fine which shall not be less than Rs.
250,00.00 but which may extend to Rs. 5,00,000.00. Every officer of the company
who is in default shall be punishable with imprisonment for a term which may
extend to 1 year or fine which shall not be less than Rs. 10,000.00 but which
may extend to Rs. 1,00,000.00 or with both.
To the auditor
He
shall be punishable with a fine which shall not be less than Rs. 25000.00 but
which may extend to Rs. 5,00,000.00. However, if the auditor has contravened
such provisions willfully with the intention to deceive the company or its
shareholders or creditors or tax authorities, he shall be punishable with
imprisonment for a term which may extend to one year and with fine which shall
not be less than Rs. 1,00,000.00 but which may extend to Rs. 25,00,000.00.
In
case the criminal liability of an audit firm, the liability other than fine
shall devolve only on the concerned partner who acted in fraudulent manner.
(A) Regulated Sectors
Sl.
No.
Industry/Sector/Product/Service
Central Excise
Tariff Act(CETA) Heading (wherever applicable)
1.
Telecommunication
services made available to users by means of any transmission or reception of
signs, signals, writing, images and sounds or intelligence of any nature and
regulated by the Telecom Regulatory Authority of India under the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997); including activities
that requires authorization or license issued by the Department of
Telecommunications, Government of India under Indian Telegraph Act, 1885 (13
of 1885);
Not applicable
2.
Generation,
transmission, distribution and supply of electricity regulated by the
relevant regulatory body or authority under the Electricity Act, 2003 (36 of
2003);
Generation- 2716;
Other Activity-Not Applicable
3.
Petroleum
products; including activities regulated by the Petroleum and Natural Gas
Regulatory Board under the Petroleum and Natural Gas Regulatory Board Act,
2006 (19 of 2006)
2709 to 2715;
Other
Activity-Not Applicable
4.
Drugs and
pharmaceuticals
2901 to 2942; 3001
to 3006
5.
Fertilizers
3102 to 3105
6.
Sugar and
industrial alcohol
1701; 1703; 2207
(B) Non-Regulated Sectors
SI. No.
Industry/ Sector/
Product/ Service
Central Excise
Tariff Act Heading (wherever applicable)
1.
Machinery and
mechanical appliances used in defence, space and atomic energy sectors
excluding any ancillary item or items;
Explanation.
– For the purposes of this sub-clause, any company which is engaged in any
item or items supplied exclusively for use under this clause, shall be deemed
to be covered under these rules
It has been almost a year and half that the Insolvency & Bankruptcy Code ('Code') aimed at solving and easing out insolvency process was enacted. An unprecedented framework was established with this read more
It has been almost a year and half that the Insolvency & Bankruptcy Code ('Code') aimed at solving and easing out insolvency process was enacted. An unprecedented framework was established with this as the board of directors of the company was dissolved, a moratorium was effected, Committee of Creditors was made in-charge of the day-to-day affairs of the company and a new institution / profession of Resolution Professionals was established. The Code had strictly mandated that within 180 days (90 days as extension from the NCLT) the resolution process of an insolvent company had to be completed.
Since then, issues regarding the interpretations of the Code have kept the NCLT, the NCLAT and the Supreme Court busy as even the judiciary endeavoured to not disturb the pace of ongoing proceedings. The matters which came up extended from determining the meaning of term ‘dispute’ to disqualification of Resolution Applicants.
In wake of this, the first amendment to the Code was given effect in 2017 which introduced Section 29A prohibiting certain persons from submitting resolution plans. With rising complexities in the Code, the recommendations of the fourteen-member committee were considered for easing out the complexities. On 6th June 2018, giving effect to the recommendations, a second ordinance has been promulgated by the Union government for balancing the interests of various stakeholders, promoting resolution of corporate debtor and clarifying the provisions relating to eligibility of resolution applicants.
Key Amendments and Analysis
1. Homebuyers and Financial Creditors
The question regarding the status of home buyers was looming large since the time associations of home buyers made an application to stay insolvency resolution process of Jaypee Infratech before the Hon’ble Supreme Court. Their foremost grievance was related to their treatment as unsecured creditors of the company, as a result of which they were to be at great loss by incurring substantial haircuts on their amount to real estate companies coupled with the risk of losing their future homes. The Insolvency and Bankruptcy Board of India, in the meanwhile, had introduced Form F for home buyers to register their claims with the appointed resolution professional. The Supreme Court had taken a considerate stand for these home buyers in the cases regarding these real estate companies viz. Jaypee, Amrapali and Unitech.
This amendment was heavily critiqued earlier, however, has paved its way into the law of the land.
The amendment would be welcomed by homebuyers who were stranded in middle as they were also not able to pursue their remedies under the Consumer Protection Act, 1986 because of the moratorium imposed on the legal proceedings against the developer companies. As a result of the amendment, they will be treated at par with the lending institutions and their rights would be guaranteed before the operational creditors. This would make sure that the money deposited with the developer companies is substantially received back by them in case of insolvency.
On the other hand, this might be worrying for the banks and other lenders who form the Committee of Creditors. As, in the case of insolvency process, the Committee of Creditors is at the helm of affairs of the company and is constituted by the financial creditors, as an effect of the Ordinance the home buyers too will be part of this very Committee. Moreover, the homebuyers will also be holding voting power in proportion of the overall credit. Although, on an individual level the voting power would be negligible, the associations of such homebuyers would be having substantial voting power. Thus, it can be a cause of fear among lenders that during the resolution they might lose control of the process.
Earlier, the homebuyers had also their rights secured in the Consumer Protection Act, 1986 and the newly enacted Real Estate (Regulation and Development) Act, 2016. While under the former legislation the redressal forum was State Commission or National Commission, the latter authorised Adjudicating Officer under the RERA.
2. Relief for MSMEs
The amendment has removed the restriction of promoter not being eligible to participate in the bidding process with respect to the MSMEs. This measure was taken in the light of the fact that resolution process of such MSMEs did not attract others outside the scope of promoters. This would ensure that a resolution plan is made for these entities and are not just liquidated because of no bidders.
3. Reduction in voting threshold
As the intent behind the Code was always to revive the company and not to liquidate it, there were issues with regard to the higher voting requirement in the Committee of Creditors for passing resolutions. The amendment thus, has reduced the voting threshold from 75 per cent to 66 per cent for instances such as passing the resolution plan. Also, for regular functioning too 51 per cent is now the threshold.
4. Extended period for resolution applicant
The amendment has also relieved the successful resolution applicant by granting a period of 1 year to pass all the legal hurdles and gain necessary approvals in accordance with the resolution plan. Earlier, there was no statutory period of fulfil the legal obligations.
Conclusion
The amendment would provide relief to many stakeholders of the Code - most importantly, the homebuyers of the real estate companies undergoing insolvency resolution process. These amendments will certainly result in increasing confidence of the lenders in the insolvency process and result in promoting resolution over liquidation of the companies.
Keeping the dictum and law as laid down in.. "Om Prakash V Reliance General Insurance And Anr." of the apex court, a bench of veena birbal madam and noor madam issued notice to reliance isurance company read more
Keeping the dictum and law as laid down in.. "Om Prakash V Reliance General Insurance And Anr." of the apex court, a bench of veena birbal madam and noor madam issued notice to reliance isurance company on a appeal filed by a botique hotel of south delhi though us. Feeling blessed and honored to represent one of the most reputed botique hotel of south delhi.
ACQUISITION OF SOLE PROPERTRSHIP CONCERN BY PRIVATE LIMITED COMPANY There is no such provisions given in Companies act 2013 to convert Sole proprietorship into Private Limited Company or take-over read more
ACQUISITION OF SOLE PROPERTRSHIP CONCERN
BY PRIVATE LIMITED
COMPANY
There is no such provisions given in Companies act 2013 to
convert Sole proprietorship into Private Limited Company or take-over of Sole
Proprietorship by Private Limited Company. You are running your proprietorship
firm which is not governed by any law. If you are filing Income tax return for
sole proprietorship firm and you want to grow your business, then it is good to
recommend you for converting it into Private Limited Company. Though there is
no specific provision given under Companies Act, 1956 and Companies Act, 2013
for conversion of Proprietorship firm into Private Limited Company, but as a
normal practice, the proprietorship firm being takeover by new Private Limited
Company. You can follow the procedure as stated below for converting sole
proprietorship business into Pvt. Ltd. company.
PROCEEDURE TO BE FOLLOWED BY PRIVATE
LIMITED COMPANY
1.Private
limited Company must contain object to take-over the sole proprietorship as
one of its main object in the Memorandum of Association. If it does not contain
the same in its object, the MoA has to be amended to insert the object.
2.The
Board of Director of the Private Company is required to take Board approval for
taking up the Sole proprietorship and later on required to pass Ordinary
resolution at EGM for approving the acquisition of Sole proprietorship.
3. Takeover Agreement/Sale agreement or deed of
assignment is required to be executed between Sole proprietorship and Private
company to transfer all its assets and liabilities. The Agreement shall specify
details of all the assets whether tangible or intangible which are required to
be transferred to the Company, it is up-to Owner of Sole proprietorship to
decide the category of assets it requires to sell and category of assets it
requires to keep for its personal use.
4.Debt
of Sole proprietorship cannot be transferred, so the owner can either settle
all the debts or it can take the consent of creditors to transfer the Sole
proprietorship to another Company.
5.Transfer
of Sole proprietorship to Company attracts Capital gain tax in the hands of
Owner of Sole proprietorship. Capital gain tax is required to be paid by the
Proprietor for transfer of assets. There are certain provision under section
47(xiv) in income tax act to avail the benefit of tax exemption on transfer of
assets from Sole proprietor to Company.
6.The
takeover is then done by submitting the agreement also known as contract and
other few documents like the company’s PAN card and certificate of
incorporation and return of allotment of shares if shares have been allotted to
the sole proprietor in consideration. These documents are submitted to the
Registrar of the Companies within 30 days of the completion of sale and
allotment of shares in consideration with prescribed fees. By completing this
process of taking over, all the assets and liabilities concerning the sole
proprietorship becomes the assets and liabilities of the company.
7.Further
attachments to this conversion would be the following;
·Affidavit
by the Sole Proprietor
·Statement
of Assets & Liabilities as on date by Chartered Accountant if the
proprietorship is doing business from long
·Income
Tax Returns Acknowledgement
·PAN
Card of the Sole Proprietor
·Sales
Tax Registration Number, if you have
·Any
other Proof showing the name of the Proprietorship firm
PROCEEDURE TO BE FOLLOWED BY SOLE
PROPRIETER
1.There
are certain procedure which has to be followed by Sole proprietor on
transferring the business to other Company. Owner has to inform the VAT
authorities and all the other authorities where it has been registered and has
to surrender all the registration certificate.
2.Final
income tax return till the date of transfer with previous return is required to
be submitted with clearing all the dues.
3.Acknowledgment
from VAT Authority and all other authorities wherever it has been registered
shall be taken.
4.All
the assets and liabilities shall be transferred to private company and all the
agreements and contracts in the name of Sole proprietorship shall be either
re-entered or rectified in the name of Company.
5.As
Debt and Liabilities of Sole proprietor is not transferred to other company, so
all the loans or debt has to be settled before it has been transferred to
private limited company or consent from creditors shall be taken and no new
bill is to be raised in the name of Sole Proprietorship.
6.The
Company cannot work with the bank account of Sole proprietorship so, it has to
close all the accounts in the name of Sole proprietorship and new account shall
be opened in the name of Company.
7.Further
TIN number and PAN number these are not transferred, so proprietor has to
surrender all the TIN and PAN etc. identity and has to apply for fresh TIN and
PAN and other registration in the name of Company.
8.Finally,
the proprietorship will then be needed to shut down officially. Use of any
licenses or tax registrations by the proprietorship can then be discontinued or
they can be surrendered to the authorities. That is the government should be
informed of the closing.
The process involves registering a whole company in case of
new company and then furnishing more documents in order to complete the
takeover and finally terminating the proprietorship.
Exemption under the
Income Tax Act:
Conversion of a sole proprietorship into a private limited
company entails a “transfer” within the meaning of the Income Tax Act, 1961, as
amended (Income Tax Act). That is, the assets of the sole proprietorship
concern are considered transferred to the newly formed company, which makes the
sole proprietor liable to pay tax for any capital gains calculated on such
transfer. However, there is a provision under section 47(xiv) of the income Tax
Act, which lays down certain conditions for exemption from any capital gains.
The conditions are:
·All
the assets and liabilities of the sole proprietary concern relating to the
business immediately before the succession become the assets and liabilities of
the company;
·The
shareholding of the sole proprietor in the company is not less than fifty per
cent (50%) of the total voting rights in the company and such shareholding
continues to so remain as such for a period of five years from the date of the
succession; and
·The
sole proprietor does not receive any consideration or benefit, directly or
indirectly, in any form or manner, other than by way of allotment of shares in
the company;
If any of the conditions laid down above are not complied
with (say the sole proprietor sells his share in two years instead of holding
on to the shareholding for five years), the amount of profits or gains arising
from the transfer of such capital assets or intangible assets not charged
earlier by virtue of these conditions, shall be deemed to be the profits and
gains chargeable to tax of the successor company for the previous year in which
the requirements are not complied with.
So therefore,
If you are a sole proprietor who intends to convert his sole
proprietorship into a private limited company, and also allot shares to
yourself, then it is imperative that an agreement is entered into for such
allotment and one of the conditions in the agreement should state that your
shareholding / voting rights will not fall below fifty per cent (50%) in the
next five years.
Facts related to
debt-
Debts of a sole proprietorship are actually debts of the
individual owner and are not transferable to a new owner. If the business has
debts that will not be paid in full prior to the transfer, discuss with the
creditor whether the new owner may assume the debt before agreeing to the sale
or transfer.
WHY SMALL & MEDIOCRE COMPANIES/ ENTREPRENEURS SHOULD ALWAYS HIRE A LAWYER ? Generally, the small or mediocre level companies or startups avoid hiring lawyers in order to save their cost and resources. read more
WHY SMALL & MEDIOCRE COMPANIES/ ENTREPRENEURS SHOULD ALWAYS HIRE A LAWYER ?
Generally, the small or mediocre level companies or startups avoid hiring lawyers in order to save their cost and resources. But let me make you aware that this decision can prove to be the worst decision ever for your company.
BENEFITS OF HIRING A BUSINESS LAWYER ?
1- Protection from fraudulent motives/ intentions of third party such as dealers/ buyers/ partners/ agents etc.
2- Managing the employees and their legal issues. And then sue those employees for damages they have made to company by non performance.
3- Anticipation of Legal consequences for company.
4- Advising in each step and analyzing the legal issues/ dispute that may arise in future and tackling those issues at earlier stages only so that anything adverse do not happen.
5- Recovering the money legally from cheaters and fraud people.
6- Drafting and reviewing all the documents so that any clause may not harm company in future.
It is not wrong to say that lawyers act as a protecting shield for the company.
Thus, hire your business lawyer now because there is no app or software to replace a business lawyer and google is not going to help you for long :)
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solution sought from you through the SoOLEGAL Site.
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("Transacting on SoOLEGAL") is a Service that allows you to
list Documents/ Advices which comprise of advice/ solution in the
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BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
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otherwise defined in this Documents/ Advice or Terms & Conditions
which being the guiding Documents/ Advice to this Documents/ Advice,
all capitalized terms have the meanings given them in the
Transactions Transaction Terms and Conditions.
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Your Documents/ Advice Listings and Orders
S-1.1
Documents/ Advices
Information. You
will, in accordance with applicable Program Policies, provide in the
format we require. Documents/ Advices intended to be sold should be
accurate and complete and thereafter posted through the SoOLEGAL
Site and promptly update such information as necessary to ensure it
at all times that such Documents/ Advices remain accurate and
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Advices (including comments) and your offer and subsequent
Transaction of any ancillary Documents/ Advice pertaining to the
previous Documents/ Advices on the SoOLEGAL Site comply with all
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information for, or otherwise seek to list for Transaction on the
SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL
Marks for use, or request that any URL Marks be used, on the SoOLEGAL
Site. In any event of unlawful Documents/ Advices made available for
Transaction by you on SoOLEGAL site, it is understood that
liabilities limited or unlimited shall be yours exclusively to which
SoOLEGAL officers, administrators, Affiliates among other authorized
personnel shall not be held responsible and you shall be liable to
appropriate action under applicable laws.
S-1.2
Documents/ Advices Listing; Merchandising; Order Processing. We
will list Your Documents/ Advices for Transaction on the SoOLEGAL
Site in the applicable Documents/ Advices categories which are
supported for third party REGISTERED USERs generally on the SoOLEGAL
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functions, features, advertising, or programs on or in connection
with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at
any time in its sole discretion the access to list in any or all
categories on the SoOLEGAL Site. We may use mechanisms that rate, or
allow users to rate, Your Documents/ Advices and/or your performance
as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these
ratings and feedback publicly available. We will provide Order
Information to you for each of Your Transactions. Transactions
Proceeds will be paid to you only in accordance with Section S-6.
S-1.3
a. It is mandatory to secure an advance amount from Client where
SoOLEGAL Registered Consultant will raise an invoice asking for a 25%
advance payment for the work that is committed to be performed for
the Client of such SoOLEGAL Registered Consultant. The amount will be
refunded to the client if the work is not done and uploaded to
SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL
Registered Consultant.
b.
SoOLEGAL Consultant will be informed immediately on receipt of
advance payment from Client which will be held by SoOLegal and will
not be released to either Party and an email requesting the
Registered Consultant will be sent to initiate the assignment.
c.
The Registered Consultant will be asked on the timeline for
completion of the assignment which will be intimated to Client.
d.
Once the work is completed by the consultant the document/ advice
note will be in SoOLEGAL
repository and once Client makes rest of the payment, the full amount
will be remitted to the consultant in the next payment cycle and the
document access will be given to the client.
e.
In the event where the Client fails to make payment of the balance
amount
within 30 days from the date of upload ,
the Registered Consultant shall receive
the advance amount paid by the Client without any interest in the
next time cycle
after the lapse of 30 days.
S-1.4
Credit Card Fraud.
We
will not bear the risk of credit card fraud (i.e. a fraudulent
purchase arising from the theft and unauthorised
use of a third party's credit card information) occurring in
connection with Your Transactions. We may in our sole discretion
withhold for investigation, refuse to process, restrict download for,
stop and/or cancel any of Your Transactions. You will stop and/or
cancel orders of Your Documents/ Advices if we ask you to do so. You
will refund any customer (in accordance with Section
S-2.2)
that has been charged for an order that we stop or cancel.
S-2.
Transaction and Fulfilment, Refunds and Returns
S-2.1
Transaction and Fulfilment:
Fulfilment
– Fulfilment is categorised under the following heads:
1.
Fulfilment by Registered User/ Consultant - In the event of Client
seeking consultation, Registered User/ Consultant
has
to ensure the quality of the product and as per the requirement of
the Client and if its not as per client, it will not be SoOLEGAL’s
responsibility and it will be assumed
that the Registered User/ Consultant and the Client have had
correspondence before assigning the work to the Registered User/
Consultant.
2.
Fulfilment by SoOLEGAL - If the Registered User/ Consultant has
uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised
personnel does not access such Documents/ Advice and privacy of the
Client’s Documents/ Advice and information is confidential and will
be encrypted and upon payment by Client, the Documents/ Advice is
emailed by SoOLEGAL to them. Client’s information including email
id will be furnished to SoOLEGAL by Registered User/ Consultant.
If
Documents/ Advice is not sent to Client, SoOLEGAL will refund any
amount paid to such Client’s account without interest within 60
days.
3.
SoOLEGAL will charge 5% of the transaction value which is subject to
change with time due to various economic and financial factors
including inflation among other things, which will be as per
SoOLEGAL’s discretion
and will be informed to Registered Users about the same from time to
time. Any tax applicable on Registered User/ Consultant is payable by
such Registered User/ Consultant and not by SoOLEGAL.
4.
SoOLEGAL will remit the fees (without any interest) to its Registered
User/ Consultant every 15 (fifteen) days. If there is any discrepancy
in such payment, it should be reported to Accounts Head of SoOLEGAL
(accounts@soolegal.com) with all relevant account statement within
fifteen days from receipt of that last cycle payment. Any discrepancy
will be addressed in the next fifteen days cycle. If any discrepancy
is not reported within 15 days of receipt of payment, such payment
shall be deemed accepted and SoOLEGAL shall not entertain any such
reports thereafter.
5.
Any Registered User/ Consultant wishes to discontinue with this, such
Registered User/ Consultant shall send email to SoOLEGAL and such
account will be closed and all credits will be refunded to such
Registered User/ Consultant after deducation of all taxes and
applicable fees within 30 days. Other than as described in the
Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you),
for the SoOLEGAL Site for which you register or use the Transacting
on SoOLEGAL Service, you will: (a) source, fulfil and transact with
your Documents/ Advices, in each case in accordance with the terms of
the applicable Order Information, these Transaction Terms &
Conditions, and all terms provided by you and displayed on the
SoOLEGAL Site at the time of the order and be solely responsible for
and bear all risk for such activities; (a) not cancel any of Your
Transactions except as may be permitted pursuant to your Terms &
Conditions appearing on the SoOLEGAL Site at the time of the
applicable order (which Terms & Conditions will be in accordance
with Transaction Terms & Conditions) or as may be required
Transaction Terms & Conditions
per
the terms laid in this Documents/ Advice; in each case as requested
by us using the processes designated by us, and we may make any of
this information publicly available notwithstanding any other
provision of the Terms mentioned herein, ensure that you are the
REGISTERED USER of all Documents/ Advices made available for listing
for Transaction hereunder; identify yourself as the REGISTERED USER
of the Documents/ Advices on all downloads or other information
included with Your Documents/ Advices and as the Person to which a
customer may return the applicable Documents/ Advices; and
S-2.2
Returns and Refunds. For
all of Your Documents/ Advices that are not fulfilled using
Fulfilment by SoOLEGAL, you will accept and process returns, refunds
and adjustments in accordance with these Transaction Terms &
Conditions and the SoOLEGAL Refund Policies published at the time of
the applicable order, and we may inform customers that these policies
apply to Your Documents/ Advices. You will determine and calculate
the amount of all refunds and adjustments (including any taxes,
shipping of any hard copy and handling or other charges) or other
amounts to be paid by you to customers in connection with Your
Transactions, using a functionality we enable for Your Account. This
functionality may be modified or discontinued by us at any time
without notice and is subject to the Program Policies and the terms
of thisTransaction Terms & Conditions Documents/ Advice. You will
route all such payments through SoOLEGAL We will provide any such
payments to the customer (which may be in the same payment form
originally used to purchase Your Documents/ Advices), and you will
reimburse us for all amounts so paid. For all of Your Documents/
Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL
Refund Policies published at the time of the applicable order will
apply and you will comply with them. You will promptly provide
refunds and adjustments that you are obligated to provide under the
applicable SoOLEGAL Refund Policies and as required by Law, and in no
case later than thirty (30) calendar days following after the
obligation arises. For the purposes of making payments to the
customer (which may be in the same payment form originally used to
purchase Your Documents/ Advices), you authorize us to make such
payments or disbursements from your available balance in the Nodal
Account (as defined in Section S-6). In the event your balance in the
Nodal Account is insufficient to process the refund request, we will
process such amounts due to the customer on your behalf, and you will
reimburse us for all such amount so paid.
S-5.
Compensation
You
will pay us: (a) the applicable Referral Fee; (b) any applicable
Closing Fees; and (c) if applicable, the non-refundable Transacting
on SoOLEGAL Subscription Fee in advance for each month (or for each
transaction, if applicable) during the Term of this Transaction Terms
& Conditions. "Transacting on SoOLEGAL Subscription Fee"
means the fee specified as such on the Transacting
on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at
the time such fee is payable. With respect to each of Your
Transactions: (x) "Transactions Proceeds" has the
meaning set out in the Transaction Terms & Conditions;
(y) "Closing Fees" means the applicable fee, if
any, as specified in the Transacting
on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and
(z) "Referral
Fee" means
the applicable percentage of the Transactions Proceeds from Your
Transaction through the SoOLEGAL Site specified on the Transacting
on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time
of Your Transaction, based on the categorization by SoOLEGAL of the
type of Documents/ Advices that is the subject of Your Transaction;
provided, however, that Transactions Proceeds will not include any
shipping charge set by us in the case of Your Transactions that
consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as
provided otherwise, all monetary amounts contemplated in these
Service Terms will be expressed and provided in the Local Currency,
and all payments contemplated by this Transaction Terms &
Conditions will be made in the Local Currency.
All
taxes or surcharges imposed on fees payable by you to SoOLEGAL will
be your responsibility.
S-6
Transactions Proceeds & Refunds.
S-6.1.Nodal
Account.Remittances
to you for Your Transactions will be made through a nodal account
(the "Nodal Account") in accordance with the directions
issued by Reserve Bank of India for the opening and operation of
accounts and settlement of payments for electronic payment
transactions involving intermediaries vide its notification
RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November
24, 2009. You hereby agree and authorize us to collect payments on
your behalf from customers for any Transactions. You authorize and
permit us to collect and disclose any information (which may include
personal or sensitive information such as Your Bank Account
information) made available to us in connection with the Transaction
Terms & Conditions mentioned hereunder to a bank, auditor,
processing agency, or third party contracted by us in connection with
this Transaction Terms & Conditions.
Subject
to and without limiting any of the rights described in Section 2 of
the General Terms, we may hold back a portion or your Transaction
Proceeds as a separate reserve ("Reserve").
The Reserve will be in an amount as determined by us and the Reserve
will be used only for the purpose of settling the future claims of
customers in the event of non-fulfillment of delivery to the
customers of your Documents/ Advices keeping in mind the period for
refunds and chargebacks.
S-6.2. Except
as otherwise stated in this Transaction Terms & Conditions
Documents/ Advice (including without limitation Section 2 of the
General Terms), you authorize us and we will remit the Settlement
Amount to Your Bank Account on the Payment Date in respect of an
Eligible Transaction. When you either initially provide or later
change Your Bank Account information, the Payment Date will be
deferred for a period of up to 14 calendar days. You will not have
the ability to initiate or cause payments to be made to you. If you
refund money to a customer in connection with one of Your
Transactions in accordance with Section S-2.2, on the next available
Designated Day for SoOLEGAL Site, we will credit you with the amount
to us attributable to the amount of the customer refund, less the
Refund Administration Fee for each refund, which amount we may retain
as an administrative fee.
"Eligible
Transaction"
means Your Transaction against which the actual shipment date has
been confirmed by you.
"Designated
Day" means any particular Day of the week designated by SoOLEGAL
on a weekly basis, in its sole discretion, for making remittances to
you.
"Payment
Date" means the Designated Day falling immediately after 14
calendar days (or less in our sole discretion) of the Eligible
Transaction.
"Settlement
Amount" means Invoices raised through SoOLEGAL Platform (which
you will accept as payment in full for the Transaction and shipping
and handling of Your Documents/ Advices), less: (a) the Referral Fees
due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees
due; (c) taxes required to be charged by us on our fees; (d) any
refunds due to customers in connection with the SoOLEGAL Site; (e)
Reserves, as may be applicable, as per this Transaction Terms &
Conditions; (f) Closing Fees, if applicable; and (g) any other
applicable fee prescribed under the Program Policies. SoOLEGAL shall
not be responsible for
S-6.3. In
the event that we elect not to recover from you a customer's
chargeback, failed payment, or other payment reversal (a "Payment
Failure"), you irrevocably assign to us all your rights, title
and interest in and associated with that Payment Failure.
S-7.
Control of Site
Notwithstanding
any provision of this Transaction Terms & Conditions, we will
have the right in our sole discretion to determine the content,
appearance, design, functionality and all other aspects of the
SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the
right to re-design, modify, remove and alter the content, appearance,
design, functionality, and other aspects of, and prevent or restrict
access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL
Service and any element, aspect, portion or feature thereof
(including any listings), from time to time) and to delay or suspend
listing of, or to refuse to list, or to de-list, or require you not
to list any or all Documents/ Advices on the SoOLEGAL Site in our
sole discretion.
S-8.
Effect of Termination
Upon
termination of this Contract, the Transaction Terms & Conditions
automatiocally stands terminated and in connection with the SoOLEGAL
Site, all rights and obligations of the parties under these Service
Terms with regard to the SoOLEGAL Site will be extinguished, except
that the rights and obligations of the parties with respect to Your
Transactions occurring during the Term will survive the termination
or expiration of the Term.
"SoOLEGAL
Refund Policies" means
the return and refund policies published on the SoOLEGAL Site.
"Required
Documents/ Advices Information"means,
with respect to each of Your Documents/ Advices in connection with
the SoOLEGAL Site, the following (except to the extent expressly not
required under the applicable Policies) categorization within each
SoOLEGAL Documents/ Advices category and browse structure as
prescribed by SoOLEGAL from time to time, Purchase Price; Documents/
Advice Usage, any text, disclaimers, warnings, notices, labels or
other content required by applicable Law to be displayed in
connection with the offer, merchandising, advertising or Transaction
of Your Documents/ Advices, requirements, fees or other terms and
conditions applicable to such Documents/ Advices that a customer
should be aware of prior to purchasing the Documents/ Advices;
"Transacting
on SoOLEGAL Launch Date"means
the date on which we first list one of Your Documents/ Advices for
Transaction on the SoOLEGAL Site.
"URL
Marks" means
any Trademark, or any other logo, name, phrase, identifier or
character string, that contains or incorporates any top level domain
(e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any
variation thereof (e.g., dot com, dotcom, net, or com).
"Your
Transaction"is
defined in the Transaction Terms & Conditions; however, as used
in Terms & Conditions, it shall mean any and all such
transactions whereby you conduct Transacting of Documents/ Advices or
advice sought from you by clients/ customers in writing or by any
other mode which is in coherence with SoOLEGAL policy on SoOLEGAL
site only.
Taxes
on Fees Payable to SoOLEGAL.In
regard to these Service Terms you can provide a PAN registration
number or any other Registration/ Enrolment number that reflects your
Professional capacity by virtue of various enactments in place. If
you are PAN registered, or any professional Firm but not PAN
registered, you give the following warranties and representations:
(a)
all services provided by SoOLEGAL to you are being received by your
establishment under your designated PAN registration number; and
SoOLEGAL
reserves the right to request additional information and to confirm
the validity of any your account information (including without
limitation your PAN registration number) from you or government
authorities and agencies as permitted by Law and you hereby
irrevocably authorize SoOLEGAL to request and obtain such information
from such government authorities and agencies. Further, you agree to
provide any such information to SoOLEGAL upon request. SoOLEGAL
reserves the right to charge you any applicable unbilled PAN if you
provide a PAN registration number, or evidence of being in a
Professional Firm, that is determined to be invalid. PAN registered
REGISTERED USERs and REGISTERED USERs who provide evidence of being
in Law Firm agree to accept electronic PAN invoices in a format and
method of delivery as determined by SoOLEGAL.
All
payments by SoOLEGAL to you shall be made subject to any applicable
withholding taxes under the applicable Law. SoOLEGAL will retain, in
addition to its net Fees, an amount equal to the legally applicable
withholding taxes at the applicable rate. You are responsible for
deducting and depositing the legally applicable taxes and deliver to
SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax.
Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit
the amount evidenced in the certificate to you. Upon your failure to
duly deposit these taxes and providing evidence to that effect within
5 days from the end of the relevant month, SoOLEGAL shall have the
right to utilize the retained amount for discharging its tax
liability.
Where
you have deposited the taxes, you will issue an appropriate tax
withholding certificate for such amount to SoOLEGAL and SoOLEGAL
shall provide necessary support and Documents/ Adviceation as may be
required by you for discharging your obligations.
SoOLEGAL
has the option to obtain an order for lower or NIL withholding tax
from the Indian Revenue authorities. In case SoOLEGAL successfully
procures such an order, it will communicate the same to you. In that
case, the amounts retained, shall be in accordance with the
directions contained in the order as in force at the point in time
when tax is required to be deducted at source.
Any
taxes applicable in addition to the fee payable to SoOLEGAL shall be
added to the invoiced amount as per applicable Law at the invoicing
date which shall be paid by you.F.11.
Indemnity
Category
and Documents/ Advice Restrictions
Certain
Documents/ Advices cannot be listed or sold on SoOLEGAL site as a
matter of compliance with legal or regulatory restrictions (for
example, prescription drugs) or in accordance with SoOLEGAL
policy (for example, crime scene photos).
SoOLEGAL's
policies also prohibit specific types of Documents/ Advice
content. For guidelines on prohibited content and copyright
violations, see our Prohibited
Content list.
For
some Documents/ Advice categories, REGISTERED USERS may not create
Documents/ Advice listings without prior approval from SoOLEGAL.
In
addition to your obligations under Section
6 of
the Transaction Terms & Conditions, you also agree to indemnify,
defend and hold harmless us, our Affiliates and their and our
respective officers, directors, employees, representatives and agents
against any Claim that arises out of or relates to: (a) the Units
(whether or not title has transferred to us, and including any Unit
that we identify as yours pursuant to Section
F-4 regardless
of whether such Unit is the actual item you originally sent to us),
including any personal injury, death or property damage; and b) any
of Your Taxes or the collection, payment or failure to collect or pay
Your Taxes.
Registered
Users must at all times adhere to the following rules for the
Documents/ Advices they intend to put on Transaction:
The
"Add a Documents/ Advice" feature allows REGISTERED USERS
to create Documents/ Advice details pages for Documents/ Advices.
The
following rules and restrictions apply to REGISTERED USERS who use
the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using
this feature for any purpose other than creating Documents/ Advice
details pages is prohibited.
Any
Documents/ Advice already in the SoOLEGAL.in catalogue which is not
novel and/ or unique or has already been provided by any other
Registered User which may give rise to Intellectual Property
infringement of any other Registered User is prohibited.
Detail
pages may not feature or contain Prohibited
Contentor.
The
inclusion of any of the following information in detail page titles,
descriptions, bullet points, or images is prohibited:
Information
which is grossly harmful, harassing, blasphemous, defamatory,
pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, pornographic, obscene or
offensive content or otherwise unlawful in any manner whatever.
Availability,
price, condition, alternative ordering information (such as links to
other websites for placing orders).
Reviews,
quotes or testimonials.
Solicitations
for positive customer reviews.
Advertisements,
promotional material, or watermarks on images, photos or videos.
Time-sensitive
information
Information
which belongs to another person and to which the REGISTERED USER
does not have any right to.
Information
which infringes any patent, trademark, copyright or other
proprietary rights.
Information
which deceives or misleads the addressee about the origin of the
messages or communicates any information which is grossly offensive
or menacing in nature.
Information
which threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is
insulting any other nation.
Information
containing software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer resource.
Information
violating any law for the time being in force.
All
Documents/ Advices should be appropriately and accurately classified
to the most specific location available. Incorrectly classifying
Documents/ Advices is prohibited.
Documents/
Advice titles, Documents/ Advice descriptions, and bullets must be
clearly written and should assist the customer in understanding the
Documents/ Advice. .
All
Documents/ Advice images must meet SoOLEGAL general standards as
well as any applicable category-specific image guidelines.
Using
bad data (HTML, special characters */? etc.) in titles,
descriptions, bullets and for any other attribute is prohibited.
Do
not include HTML, DHTML, Java, scripts or other types of executables
in your detail pages.
Prohibited
REGISTERED USER Activities and Actions
SoOLEGAL.com
REGISTERED USER Rules are established to maintain a transacting
platform that is safe for buyers and fair for REGISTERED USERS.
Failure to comply with the terms of the REGISTERED USER Rules can
result in cancellation of listings, suspension from use of
SoOLEGAL.in tools and reports, or the removal of transacting
privileges.
Attempts
to divert transactions or buyers:Any
attempt to circumvent the established SoOLEGAL Transactions process
or to divert SoOLEGAL users to another website or Transactions
processis
prohibited. Specifically, any advertisements, marketing messages
(special offers) or "calls to action" that lead, prompt,
or encourage SoOLEGALusers to leave the SoOLEGAL websiteare
prohibited.Prohibited
activities include the following:
The
use of e-mail intended to divert customers away from the
SoOLEGAL.com Transactions process.
Unauthorised
& improper "Names":A
REGISTERED USER's Name (identifying the REGISTERED USER's entity on
SoOLEGAL.com)mustbe
a name that: accurately identifies the REGISTERED USER; is not
misleading: and the REGISTERED USER has the right to use (that is,
the name cannot include the trademark of, or otherwise infringe on,
any trademark or other intellectual property right of any person).
Furthermore, a REGISTERED USERcannotuse
a name that contains an e-mail suffix such as .com, .net, .biz, and
so on.
Unauthorised
& improper invoicing:REGISTERED
USERS must ensure that the tax invoice is raised in the name of the
end customer who has placed an order with them through SoOLEGAL
Payment Systems platform . The tax invoice should not mention
SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please
note that all Documents/ Advices listed on SoOLEGAL.com are sold by
the respective REGISTERED USERS to the end customers and SoOLEGAL is
neither a buyer nor a REGISTERED USER in the transaction. REGISTERED
USERS need to include the PAN/ Service Tax registration number in
the invoice.
Inappropriate
e-mail communications:All
REGISTERED USER e-mail communications with buyers must be courteous,
relevant and appropriate. Unsolicited e-mail communications with
SoOLEGAL , e-mail communications other than as necessary and related
customer service, and e-mails containing marketing communications of
any kind (including within otherwise permitted communications)are
prohibited.
Operating
multiple REGISTERED USER accounts:Operating
and maintaining multiple REGISTERED USER accounts is prohibited.
In
your request, please provide an explanation of the legitimate
business need for a second account.
Misuse
of Search and Browse:When
customers use SoOLEGAL's search engine and browse structure, they
expect to find relevant and accurate results. To protect the
customer experience, all Documents/ Advice-related information,
including keywords and search terms, must comply with the guidelines
provided under. Any attempt to manipulate the search and
browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews:REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews:Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited
Content
REGISTERED
USERS are expected to conduct proper research to ensure that the
items posted to our website are in compliance with all applicable
laws. If we determine that the content of a Documents/ Advice detail
page or listing is prohibited, potentially illegal, or inappropriate,
we may remove or alter it without prior notice. SoOLEGAL reserves the
right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal
and potentially illegal Documents/ Advices: Documents/ Advices sold
on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED
USERS are legally liable for their actions and transactions, they
must know the legal parameters surrounding any Documents/ Advice
they display on our website.
Offensive
material: SoOLEGAL reserves the right to determine the
appropriateness of listings posted to our website.
Nudity:
In general, images that portray nudity in a gratuitous or graphic
mannerare
prohibited.
Items
that infringe upon an individual's privacy. SoOLEGAL holds personal
privacy in the highest regard. Therefore, items that infringe upon,
or have potential to infringe upon, an individual's privacy are
prohibited.
Intellectual
Property Violations
Counterfeit
merchandise:Documents/
Advices displayed on our website must be authentic. Any Documents/
Advice that has been illegally replicated, reproduced or
manufactured is prohibited.
Books-
Unauthorised copies of books are prohibited.
Movies-
Unauthorised copies of movies in any format are prohibited.
Unreleased/prereleased movies, screeners, trailers, unpublished and
unauthorized film scripts (no ISBN number), electronic press kits,
and unauthorised props are also prohibited.
Photos-
Unauthorised copies of photos are prohibited.
Television
Programs-
Unauthorised copies of television Programs (including pay-per-view
events), Programs never broadcast, unauthorised scripts,
unauthorised props, and screeners are prohibited.
Transferred
media. Media transferred from one format to another is prohibited.
This includes but is not limited to: films converted from NTSC to
Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM
to cassette tape, from the Internet to any digital format, etc.
Promotional
media:Promotional
versions of media Documents/ Advices, including books (advance
reading copies and uncorrected proofs), music, and videos
(screeners)are
prohibited. These Documents/ Advices are distributed for promotional
consideration and generally are not authorized for Transaction.
Rights
of Publicity:Celebrity
images and/or the use of celebrity names cannot be used for
commercial purposes without permission of a celebrity or their
management. This includes Documents/ Advice endorsements and use of
a celebrity's likeness on merchandise such as posters, mouse pads,
clocks, image collections in digital format, and so on.
YOU
HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON
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.png "Legal Notice issued to CM Bhagwant Maan for defamation by Shri. Sardar Sukhbir Singh Badal")
