GST: Are You Ready for One Nation One Tax!!!

Goods and Services Tax (GST) would be a consequential step in the reform of indirect taxation in India. GST is an indirect tax reform constitutional amendment cleared by the Rajya Sabha which affects all of us. GST will try to remove tax barriers between states and makes into a single market. GST is put forward to be a comprehensive indirect tax levy on the manufacture, sale, and expenditure of goods and services at the national level. It will replace all indirect taxes levied on goods and services by the Nation’s Central and State governments.  

India’s tax structure; Today:-

Direct Tax:-

The constitution splits taxation potential between center and states. Both levels of government have some absolute areas where they can levy the tax. Income tax, which comprises tax on company profits, is the complete domain of central government. These taxes are mentioned to as direct taxes.

Indirect Tax:-

Indirect taxes are taxes imposed on the manufacture of goods, distribution of services and expenditure and are under the exclusive domain of central government. Taxes on expenditure are the exclusive domain of state governments.

How this arrangement works?

A product is manufactured before its consumption. At the time of manufacturing, the central government levies its indirect tax called central excise at the factory gate. Later the product reaches the retail outlet and purchased by the consumer. On this stage, the state government levies a tax on consumption dubbed Value Added Tax (VAT).  So we have tax at both factory gate which adds cost of the product and then taxes at the retail outlet which also adds cost to the product. 

States have their exclusive domain on consumption tax within their borders. So they treat goods coming from other states as imports. If a product manufacturer in a particular state buys the raw material from another state, the manufacturer would have paid central excise and the state from where he purchased raw material taxes on the product. On this cost, the state government would levy its tax if the product is sold in the state. If the product is sent across the state border and sold in another state, an “export” tax called central sales tax is collected by the state from the product sent.  India is politically a single country but economically it is fragmented. It implies various tax within the country.

GST replaces the following Taxes:-

   • Central Excise Duty

   • Additional Excise Duty

  • Service Tax

  • Surcharge, Cess

  • VAT/ Sales Tax

  • Entertainment Tax

  • Luxury tax

  • Additional customs duty

  • Special Additional duty of customs

  • Taxes on lottery and betting

  • Entry tax

  • State ceases and surcharge

How GST helps Business and Consumer?

GST helps business by reducing the tax rate and makes assent easier. GST helps the consumer by lowering the price for merchandise and services. All taxes poised at the point of expenditure. 

GST Enrollment:-

GST will be ready to engage from July 2017. The existing taxpayers will have to enroll themselves under the GST database and all those who have registered themselves for service tax and central excise or any other state tax laws such as VAT. They need to get their GST registrations carried out.  The migration process of the present tax system has begun so it is very important to know about the primary features of GST.

Process of registering at GST:-

1. Getting Provisional ID for GST

        Provisional ID and password is directly given by VAT department. All will be provided with distinctive ID and password. This is mandatory. And can use this for login to GST portal created for this purpose.

2. Documents required:-

  The following documents required for this propose:-

• Personal email id to receive confirmation and acknowledgment.

• Bank account number and IFSC code.

• Softcopy of proof of business, such as a partnership deed (PDF or JPEG file of the same), registration certificate, and LLP Agreement, whichever applies are required to upload.

• Photograph of partners, owner or Karta (in case of HUF) in a JPEG file with a size not exceeding 100KB.

• Proof of appointment of authorized signatory. It should be either in PDF or JPEG file, and size should not exceed1MB.

• Soft copy of Bank account details such as an image of bank account number, branch address as well as the address of the account holder (front page of the passbook, or bank statement). Size should not exceed more than 1MB.

3. Registration Process:-

         Open GST Website www.cbec.gov.in/htdocs-cbec/gst and create user ID and password. For creating user ID and password provisional ID and password is required.

Step 1:- First enter into GST website and click on “New User Login”. Click I Agree for the declaration provided and continue to register.

Step 2:- After agreeing on declaration hit on continue and will direct to login page. Use provisional ID given from tax department to log in. 

Step3:- After login provisional ID verification page will be displayed and then need to fill the following details:-

    1. Valid email ID

    2. Valid mobile number.

Make sure that the provided email id and number are correct since the OTP and important information are sent to these IDs.  After that, click on continue. OTP will be sentyou’re your email id or phone number both which are required for the verification. And this email id and password will be permanent. Any change in both can be made only after April 1, 2017.

Step 4:- Next you will get a new page with OTP verified. There is option to enter personal details and new login details to secure login. Once set the new login credentials you should answer some security questions and submit it. There are five questions and it is mandatory to fill all these questions.

Step 5:- After login you will be directed to welcome page of your account. In your dashboard there is an option like “Provisional ID Enrollment”. Hit on that for application enrollment.

The common portal for Goods & Service Tax is now live. GST is now a reality and all taxpayers should be prepared for that. The penalties regarding it could be priced from few lakh even for a small mistake.

If you are looking to migrate or register new GST, do contact LICIT – Go Legal on +91 9741 33 33 77 or e-mail us at info@licit.ooo

If you require more assistance on GST, connect with Licit. For Consulting Lawyers online for any of your legal queries visit the biggest online legal solution www.licit.ooo or download the app  https://goo.gl/L8GeYk

Consumer Rights that Everyone should Aware of...!!!

15^th March is World Consumer Rights Day (WCRD), it is an occasion for celebration and solidarity within the international consumer movement. World Consumer Rights Day (WCRD) actively encourage the basic rights of all consumers, demanding that those rights are respected and protected, and a chance to protest against the market abuses and social injustices which undermine those rights.

World Consumer Rights Day was first celebrated on this day during 1962 that the then American President, John F Kennedy gave an overall structure to the consumer rights. He was the first world leader to aim a vision of consumer rights and also identify the importance of consumers as a group. Kennedy Provided the American consumer four basic rights: the Right to safety, Right to choose, Right to information and Right to be heard.

The day is structured by Consumers International (CI), which is the world federation of consumer groups. CI serves as the only self - governing and authoritative global voice for consumers and was founded in 1960. Now CI has over 220 member organizations in 115 countries around the world. They consider their mission of being a voice and champion for consumers in policy-making forums and in the global marketplace. They work outside of any political parties and maintain their independence so that they can make sure that consumers are treated properly. Each year, the CI Council selects a theme for World Consumer Rights Day activities. This year CI campaigning to build a Better Digital World.

Consumer Rights:-

Right to Safety:

Right to safety explains the right to be protected against the marketing of goods and services, which are perilous to life and property. It is the consumer’s responsibility to use the product for its meant purpose and correctly follow the instructions and warnings.

Right to be Informed:-

The right to be informed concerns about the quality, quantity, potency, purity, standard and price of goods or services so that consumers can make intelligent decision on purchasing a particular product. Right to be informed is to protect the consumer against unfair trade practices. This right also ensures that it is illegal for companies to enhance dishonest or misleading advertising or labeling and consumers are responsible for scrutinizing all information.

Right to Choose:-

The right to choose ensures that right to assertive wherever possible, access to a variety of goods and services at competitive prices. The distributors of the product or service should price their product according to competitive market and ensure their quality. Consumers are responsible for comparing their prices and quality for similar type of products before making choice.

Right to be Heard:-

The right to be heard pointed towards the consumer’s interests will receive due consideration at appropriate fora. Government entities should consider customer interest and need when making policies and also business should consider this while developing product or services. It is responsibility of consumers to inform business and elected officials regarding the issues related to particular items. 

Right to Redress:-

The right to redress explains the right to look for redress against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. Customers have an avenue with which to get compensation unsatisfactory performance of services or inferior products or damage inflicted from their use.  It is the consumer’s responsibility to actively hunt for appropriate replacement.

Right to Satisfaction of Basic needs:-

The right to satisfaction of basic need explains all consumers have right to suitable access to necessary goods and services such as food, cloth, shelter, health care, sanitation and education. This means that consumers are accountable for preside over their own consumption, so as not to impinge upon others receiving the same basic needs.   

Right to consumer Education:-

Right to consumer education provides program and relevant information that must available to customer about products and services which helps the consumer to take more informed decisions about products. Consumer responsibility is to take initiative in learning updated product information through out their lives.

Right to Healthy Environment:-

Right to health environment consider about impact on nature due to policies, product and services. Business and governing bodies must instate policies in production and regulation which do not harm the nature world. Consumers are responsible for purchase product and services which comparatively less harmful for themselves and future generations. 

Consumer Protection Law:-

Consumer protection law or consumer law is contemplating an area of laws that regulates the relationship between individual consumers and business that sell services and products. Consumer protection covers a wide range of topics, including product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. Consumerprotection is a system of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. In India The Consumer protection act, 1986 is to regulate consumer protection.

The Consumer Protection Act 1986:-

The consumer Protection Act is to deliver for better protection of the attentiveness

 of consumers and for that cause to make provision for  setting up of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

Consumer protection is linked to the idea of consumer rights, and to the development of consumer organizations. Consumer organizations help consume

rs make effective choices in the marketplace and get help with consumer complaints.

If you think a merchant has breached your consumer rights, it makes sense to consult with an attorney. You may be able to collect financial compensation. For online legal consultancies from the best lawyer regarding your rights visit the biggest online legal solution www.licit.ooo or download the Licit-Go Legal app  https://goo.gl/L8GeYk

Be Bold for Change:Empower Women; Empower Nation!

International Women’s Day (IWD) 2017 is on March 8^th Wednesday with celebrating all over the world recognizing the women empowerment as a social, economic, cultural and political achievement of women.

Women’s day was established back in the 1900s and later recognized by the United Nations (UN) in 1975. The goal of women’s day is to achieve gender equality for women worldwide, a journey that is still ongoing. The UN raise awareness with a new theme each year, this year being, “Be Bold For Change” Women’s day celebrate on a target of achieving gender equality, and empowerment of all women and as well as ensuring quality education for all and promoting lifelong learning. The year 2030 is the target to achieve all these. 

Women empowerment touches on the creation of an environment where they can create and make decisions of their own personal and society benefits. A woman plays multiple roles in a single day as doting daughter, caring mother as well as a wife, a competent colleague and a wide range of many other roles around as flawlessly and with grace. Women are undoubtedly the backbone of any society.

 However, women are ignored fraction of society in many parts of the world. This seriatim has caused women at large to bear the brunt of inequality, oppression, financial dependability ad other social evils.

For centuries now, women have been living under some bondage that put a limit on them from achieving professional as well as personal heights.

Women empowerment helps her to freely live their life with a sense of self- respect, worth and dignity. Give awareness about having equal right for social and economic justice lead to make their own choices and decisions. Provide safe and comfortable working environment. Enable her to participate in social, religious and public activities. Women empowerment enables her to believes that a girl should be two things: “who and what she wants”

Women empowerment helps to the overall development of the society on account of this, women empowerment is a need of society.

It is a big time that we understand the power of women and help them to come up with flying colors. We should help them to boost their confident by treating them I respect. World’s population constitutes 50% of women. Large numbers of women in this world are unemployed. It affects the world economy. An economy of a country depends on women equality at workplace. Women empowerment helps women to stand on their own legs, become self-sufficient and also to earn for their family which grows country’s economy. Women are equally competent. Nowadays, even women are leading men in many socio-economic activities. The problem of a bias towards men will be an end once we understood that women are basis of our lives and we cannot imagine success without them. Women talented as men allow them for higher education and utilize their talent worthily for society. Women empowerment reduces domestic violence. Uneducated women bear a higher risk of domestic violence than educated women. Women empowerment also helps to reduce poverty. Now day’s men’s earning is not enough for satisfying family demand. The added earning of women helps to meet demand and hence reduce total poverty of society.  This leads to national development. As result of women empowerment, she is considered for all jobs in irrespective of gender. Women empowerment gives the right to each woman to take their own decisions whether it related to family or work. They can do what they want like a man. It is very important that a woman must understand her power and utilize a maximum of it. Women have their own identity and should maintain the same. Whether they are housewife or working woman, identity means everything to them. Women need to change their mindset that they should just remain within the home and have restrictions in society but move outside for live their own lives. Even men should understand this and help her to achieve it. Ensure active participation of women in outside activities, it will have an impact on the development of countries.

The Constitution of India is one of the finest equality documents in the world. It gives provisions to secure equality in general and gender equality in particular. The Preamble, the Fundamental Rights, DPSPs and other constitutional provisions provide several general and special safeguards to secure women’s human rights.

Preamble: The Preamble to the Constitution of India assures justice, social, economic and political; equality of status and opportunity and dignity to the individual. Accordingly, our constitution treats both men and women equal.

Fundamental rights:

The policy of women empowerment is well established in the Fundamental Rights expressed in Indian Constitution:-

Article 14 ensures to women the right to equality.

Article 15(1) specifically prohibits discrimination on the basis of sex.

Article 15(3) empowers the State to take affirmative actions in favor of women.

Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office.

These rights being fundamental rights are justifiable in court and the Government is obliged to follow the same.

Fundamental duties:

Fundamental duties are well established in Part IV-A of the Constitution and are positive duties for the people of India to follow. It also hold a duty related to women’s rights:

Article 51 (A) (e) expects from the citizen of the country to promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.

Laws for women empowerment in India:-

The Equal Remuneration Act, 1976.

The Dowry Prohibition Act, 1961.

The Immoral Traffic (Prevention) Act, 1956.

The Maternity Benefit Act, 1961.

The Medical termination of Pregnancy Act, 1971.

The Commission of Sati (Prevention) Act, 1987.

The Prohibition of Child Marriage Act, 2006.

The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.

The above laws give feel of security, legal rights to women and sense of empowerment.

India is a part to various International practice and treaties which are performed to secure equal rights of women. One of the most important among them is the Convention on Elimination of All Forms of Discrimination against Women (CEDAW), ratified by India in 1993.

National Policy for Empowerment of Women objectives:

Create an environment for the complete development of women to enable them to realize their full potential.

Create an environment with full enjoyment of all human rights and fundamental freedom by women in all political, economic social, cultural and civil spheres.

Equal accesses to women for participating and make decisions in social political and economic life of the nation.

Provide equal health care, quality education at all levels, career and vocational guidance, employment, equal remuneration, occupational health and safety, social security and public life etc to women.

For eliminating all types of discrimination against women by strengthening legal systems.  

Ensure active participation of both men and women in all social activities.

Eliminate discrimination against women and girl child.  

Make partnerships with civil society, particularly women’s organizations and strengthen them.

It can be said that women in India, through their own uncompromising efforts and with the help of Constitutional and other legal provisions and also with the aid of Government’s various welfare schemes, are trying to find their own place. And it is a confident sign that their participation in employment- government as well as private, in socio-political activities of the nation and also their presence at the highest decision making bodies is improving day by day.

Raise your words, not your voice. Understand your strength and rights. Fight for rights and knowledge. Earn more by learning. Grow by knowing about rights and security. Right makes you confident. Be confident be strong.

For online legal consultancies from the best lawyer regarding your rights visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk