In view of the notification 34/2021 -Central dated 29th Aug 2021, where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021, the time limit for filing of application for revocation of cancellation of registration is extended to 30th September, 2021.
The benefit of said notification is extended to all the cases where cancellation of registration has been done under clause (b) or clause (c) of sub-section (2) of section 29 of the CGST Act, 2017 and where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021.
It is further clarified that the benefit of notification would be applicable in those cases also where the application for revocation of cancellation of registration is either pending with the proper officer or has already been rejected by the proper officer.
Ministry of Micro, Small & Medium Enterprises has extended the validity of the Udyog Aadhar Memorandum from 31/3/2021 to 31/12/2021. A notification has been issued to that effect.
Hitherto, all existing MSME registrants were required to migrate to the new portal by 31/03/2021 and all the old MSME registrations would have been rendered null and void. Now in view of the covid pandemic, the Ministry has decided to continue with the old registrations upto end December, 2021.
All existing MSME registrants under the old platform need to migrate to the new Udayam portal which is easy and simple and requires some few details of the applicant, besides the PAN of the unit and aadhar of the Director/ Partner/ Proprietor.
MCA has vide its notification dated 7th June, 2021 allowed for registration under shops & establishment act of various states in the same incorporation document as before i.e. SpiCe B+ in Agile Pro. Now in place of Agile Pro form, Agile Pro S form shall be substituted.
Under a single window concept, MCA allows incorporation of a company while at the same time granting tax registrations (PAN/ TAN) GST (if required), Professional tax (depends on the state), PF/ ESIC (mandatory but registration is only for name sake, no returns to be filed until the unit crosses the employee threshold as provides in these statutes), Bank a/c (for a few select banks) and now Shops & Establishment act.
Shops & Establishment act is applicable only for commercial entities employees x number of persons in their unit. It is a local body requirement like from the respectively municipality. Addition of this registration into the MCA portal is a welcome move.
Government has announced a simplication of the registration process for MSME units on its Udayam portal. Now only PAN (permanent account no. of tax) and Aadhar (obviously of one of the Director or Partner or of the Proprietor) is required.
Need to see whether this intent is actually translated into action on the website. Registration on the MSME portal is not a difficult task, yet it asks for certain basic details of the unit proposed to be registered, which in my view is quite fair.
FSSAI (Food Safety and Standards Authority of India) has mandated vide its order dated 8th June, 2021 that with effect from 1st October, 2021 all food businesses shall mention their 14 digit FSSAI license no. or registration no. on all invoices/ bills/ receipts/ cash memo/ purchase invoices etc.
When 2 transaction documents are issued such as transport challan/ bill etc. then the FSSAI no. needs to be mentioned on both documents. The only exemption is e-way bill and other government documents which are system generated.
Already FSSAI no. is presently being displayed on packaged food labels but establishments such as restaurants, mithai stores, caterers, retail stores were out of this ambit. Now with this order all these food businesses are brought into consideration.
Displaying the license no. will enable customers to access more details about the food business from the FSSAI site or their mobile app. If the no. is not mentioned then it will tantamount to non compliance or even non registration.
The copy of notification can be found on FSSAI site.
The Government of India has reviewed the existing procedure of registration and approval of global manufacturers for importing oxygen cylinders and cryogenic tankers/ containers by Petroleum and Explosive Safety Organization (PESO). In view of the COVID pandemic, PESO shall not carry out physical inspection of global manufacturers’ production facilities before grant of such registration and approval. Now, such approvals shall be granted online without any delay on submission of manufacturer’s particulars; ISO certificate of manufacturer; List of Cylinders/ Tankers/Containers, their specifications, drawings & batch number; Hydro test certificate and Third party inspection Certificate. In case of any clarification, Mr. S.D. Mishra, Controller of Explosives, PESO (Mobile No. 9725850352, email Id email@example.com) and Dr. S.K.Singh, Controller of Explosives, PESO (Mobile No. 8447639102, email Id firstname.lastname@example.org) may be contacted.
RBI has vide its press release dated 13th November, 2020 cancelled the licences of five payment system operators. While three of them were cancelled because of surrender/ non renewal, two of them were cancelled due to non compliance with regulatory requirements. It would have been good if they had specified what exactly were the compliances which were not carried out by these two operators.
The Ministry of Road Transport and Highways has issued notification dated 22nd October, 2020 for amendment to FORM 20 of CMVR 1989 to ensure capturing of ownership details of vehicles at the time of their registration. This will be of particular benefit to divyangjan.
It had come to the notice of the Ministry that the ownership details are not properly reflected under the ownership in the various forms under CMVR required for registration of the Motor Vehicels.
In view of this, it has amended the FORM 20 of the CMVR 1989 to capture detailed ownership type as :- “4A. Ownership type AUTONOMOUS BODY CENTRAL GOVERNMENT CHARITABLE TRUST DRIVING TRAINING SCHOOL DIVYANJAN (a) AVAILING GST CONCESSION (b) WITHOUT AVAILING GST CONCESSION EDUCATIONAL INSTITUTE FIRM GOVT/UNDERTAKING INDIVIDUAL LOCAL AUTHORITY MULTIPLE OWNER OTHERS POLICE DEPARTMENT STATE GOVERNMENT STATE TRANSPORT CORP/DEPT”.
Further, benefits of GST and other concessions are being provided to the Divyangjan (Physically challenged Persons) under various schemes of the Government for the purchase / ownership / operation of the Motor Vehicles. As per the current details under CMVR 1989, the ownership captured does not reflect the details of the Divyangjan citizens. It becomes difficult for such citizens to properly avail various benefits available under Government Schemes like the benefits to the Divyangjan as per scheme for financial incentives of the Department of Heavy Industries. With the proposed amendments, such ownership details would be properly reflected and divyangjan would be able to avail the benefits under various schemes.
SEBI circular dated 22nd October, 2020 outlining the procedure for registration of Alternative Investment Funds pursuant to the recent amendment in the applicable regulations regarding constitution of an Investment Committee to approve the investment decisions of the AIF.
Processing of applications for registrations of AIFs and launch of schemes 1 While processing applications for registration of AIFs and launch of new schemes, it has been observed that the Manager of AIF often proposes to set up an Investment Committee with the mandate to provide investment recommendations or advice to the Manager. In some applications, the Investment Committee is mandated to approve the investment decisions of the AIF. Such Investment Committees may consist of internal members (employees, directors or partners of the Manager) and/ or external members. 2 Pursuant to the approval of SEBI Board, the SEBI (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”) have been amended to provide that the Manager may constitute Investment Committee (by whatever name it may be called) to approve investment decisions of the AIF, subject to certain conditions. The amendment to AIF Regulations has been notified on October 19, 2020 and is available at link. 3 Further, SEBI has written to Government and RBI seeking clarity on the applicability of clause (4) of Schedule VIII under FEM (Non-debt Instruments) Rules, 2019 to investment made by an AIF whose Investment Committee approves investment decisions and consists of external members who are not ‘resident Indian citizens’. 4 Pending clarification as mentioned at Para 3, the applications for registration of AIFs and launch of new schemes shall be dealt with as under:
(i) The applications wherein Investment Committee proposed to be constituted to approve investment decisions of AIF includes external members who are ‘resident Indian citizens’, shall be duly processed. (ii) The applications wherein Investment Committee proposed to be constituted to approve investment decisions of AIF includes external members who are not ‘resident Indian citizens’, shall be considered only after receipt of clarification as stated in Para 3 above.
Mahashtra Government has vide its notification dated 10th October, 2020 specified that Employees State Insurance Corporation will be applicable to all classes of establishments employing 10 or more persons. This notification comes into effect from 1st October, 2020. Accordingly those classes of establishments as stipulated who are employing 10 or more persons and not yet registered under the ESIC Act, are required to register on their portal. This public notice gives more details of the same.
Any person commencing or carrying on the warehousing business and intending to issue Negotiable Warehouse Receipts (NWRs) has to get the warehouse registered with the Warehousing Development & Regulatory Authority (WDRA). The Warehousing (Development & Regulation) Act, 2007 and the Warehousing (Development & Regulation) Registration of Warehouse Rules, 2017 are available under the Section “Act and Rules” of the WDRA Portal. Amendments to the Rules and Regulations and the relevant circulars on insurance and guidelines on empanelment of inspection agencies and inspection of warehouses are also available on the Authority’s website.
Since a system of online registration of warehouses has been put in place from November 1, 2017, all applications for warehouse registration have to be submitted online. Detailed instructions for online registration of warehouses are available on the WDRA portal.
Procedure i. The applicant warehous e may make an application to the Authority for registration of its warehouse after registering on the website of the Authority and then signing in to submit online application. ii. In case of non-individual warehouse operators, the application shall be submitted in two parts, first the warehouseman registration application will be submitted. Once warehouseman is approved, then only application for registration of warehouse (s) shall be submitted online. iii. Registration fee requirements are as follows: Application fee (non-refundable) for registration of warehouse or renewal thereof is as follows and payable by way of online payment while submitting the warehouse registration application: Each warehouse with a capacity of 10,000 Ton or less Rs. 20,000 Each warehouse with a capacity of more than 10,000 Ton but less than or equal to 25,000 Ton Rs. 25,000 Each warehouse with a capacity of more than 25,000 Ton Rs. 30,000 Where the applicant/ warehouseman is a Farmer Producer Organisation or a Co- operative, the non-refundable registration fee shall be Rs. 5,000 per warehouse. iv. The online application uploading the required documents as listed at para 2 below and registration fee may be submitted online. v. The Authority has so far notified 123 agricultural commodities and 26 horticultural commodities for issuance of NWRs. The list is available on the website of the Authority and also linked in the online application as drop down. An applicant should specify the names of commodities to be stored in the warehouse for which registration is sought from drop down menu while filling online application. vi. In case the application is found in order, the Authority may cause a physical inspection of the warehouse concerned to verify the infrastructure of warehouse and other particulars as specified by the Authority. The inspection guidelines detailing the infrastructure requirements of a warehouse and also the physical inspection checklist are available on Authority website. For sake of transparency and efficiency the inspection of warehouses has also been made online. vii. In case the physical inspection establishes the compliance with the infrastructure and other requirements specified by the Authority, the applicant shall be required to furnish the Security Deposit as per norms specified by the Authority viii. If the Security Deposit is furnished within the time schedule, a certificate of Registration is issued which contains the Warehouseman ID and Warehouse ID of the Warehouse concerned.
Documents to be uploaded with the application – Every application for registration of a warehouse shall be required to upload the following documents in the online application. Hence, the applicant may keep a scanned copy of these documents handy (in the system or in a pen drive) while filling online application. i. Photograph of Authorized/Associate Authorized Representative ii. Applicant’s proof of identity as required at Fifth Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017 iii Identity and address proof of Authorized/Associate Authorized Representative (in case of non-individual entities) iv. Standard Operating Procedures v. Document in support of net-worth as required under Rule 18 (5) of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017 and as amended on 20.03.2018. vi. Copy of Insurance policies as prescribed under Rule 17 of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017. Details are available on WDRA portal under Documents-Circular section vide Circular dated 27.4.2017 vii. Lay out Plan of the warehouse(s) viii. Basic Data Sheet in case of cold storage ix. Proof about technical standards under which cold storage has been constructed x. List of equipment for preservation of goods available at the warehouse xi. List of equipments for assaying goods available at the warehouse xii. List of equipments for weighing goods available at the warehouse (details of an internal or external lorry weighbridge is also required to be provided) xiii. Fire Safety arrangements at the warehouse xiv. If warehouse is owned: Copy of the Records of Rights or registered title deed in respect land on which warehouse concerned is located as per the Sixth Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017 xv. Document to demonstrate effective control over the Warehouse, any of the following ( as per the First Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017): (i) lease deed or rent agreement, (ii) sub-lease agreement and lease deed indicating that sub leasing is permitted, (iii) revenue sharing agreement, (iv) NOC from Municipal Corporation/ Panchayat/ local body ( as the case may be), (v) lease agreement from concerned APMC, (vi) copy of allotment letter from State Government . For each warehouse listed in the application separately.
Terms of registration – i. Immediately upon receipt of its registration certificate, the warehouseman shall display the same and keep it in a conspicuous place in the principal place of its business until suspended or revoked. However, the valid registration certificate is also available in the login of the warehouseman online. ii. The certificate of registration shall not be transferable. iii. The Authority or its authorised representative may inspect or examine the warehouse registered under the Act at any time without giving prior notice, the stocks, books, records, papers and accounts etc. relating thereto.
Performance Requirements for a Registered Warehouse (a) Compliance with registration requirements.- A warehouseman shall at all times: i. maintain effective control of the warehouse; ii. continue to be a fit and proper person as per the criteria as stated in registration rules ; iii. comply with the insurance requirements as stated in registration rules; iv. maintain the prescribed minimum net worth; v. keep updated security deposit at prescribed interval; vi. maintain the infrastructure to keep it compliant with the minimum infrastructure requirements; and vii. comply with its standard operating procedure in accordance with registration rules. (b) Know your depositor requirements.- The warehouseman shall maintain the know your depositor (KYD) details with respect to various depositors as specified under the registration rules. (c) General obligations of a warehouseman.- In the conduct of its warehousing business, a warehouseman shall – i. issue a (electronic) negotiable warehouse receipt only in respect of such goods that have been specified by the Authority from time to time; ii. deliver the goods referred to in an (electronic) negotiable warehouse receipt, to the holder of the (electronic) negotiable warehouse receipt on demand made by the holder after satisfying the warehousing lien; iii. ensure that the (electronic) negotiable warehouse receipt holder, on receiving the goods from the warehouseman, acknowledges the receipt of the goods in a form and manner required by the Authority; iv. take necessary actions to maintain the quality and quantity of goods stored in the warehouse; v. maintain and record a complete and accurate set of records and accounts of all transactions pertaining to the operation of a registered warehouse as per the requirements that the Authority may specify from time to time; vi. ensure that the physical inventory tallies exactly with the record; vii. maintain effective control of all registered warehouse storage space; viii. provide necessary assistance in the execution of inspections and audits by the Authority; ix. resolve grievances efficaciously; x. not differentiate among depositors regarding use of and access to a warehouse; xi. not store goods belonging to itself in a registered warehouse; and xii. not sell, remove or dispose of the goods deposited in a registered warehouse except as permitted under the Act. (d) Information contained in warehouse receipts.- A warehouseman must ensure that all warehouse receipts issued by it, negotiable or otherwise, comply with the requirements of section 11 of the Act and the rules, regulations and notifications made thereunder. (e) Mandatory registration with e-negotiable warehouse receipt repository.- i. With effect from June 1, 2019, no warehouseman shall issue any negotiable warehouse receipt in physical form, and shall register with one or more repositories registered with the Authority for issuing negotiable warehouse receipts in electronic form. (f) Disclosure of information.- i. A warehouseman shall make a written disclosure to the Authority of any of the following events, namely:- • any change in the key managerial persons of the warehouseman, within fifteen days of such change; • any change in the ownership or capital structure of the warehouseman, within fifteen days of such change; • any change in the net worth of the warehouseman, on a quarterly basis; • the occurrence of any of the events stated in sub-rule (2) of rule 17, within fifteen days of such event; • the initiation of a dispute in relation to the goods deposited in a warehouse or the (electronic) negotiable warehouse receipt issued in relation to the deposited goods, immediately upon the initiation of the dispute; and • any change in location or capacity of the warehouses managed by the warehouseman, whether registered with the Authority or not, immediately on the occurrence of such change. ii. The Authority may, by order, require the warehouseman to make any additional disclosures and stipulate the form and manner in which a disclosure is required to be made. (g) Submission of information regarding warehouse receipts.- i. A warehouseman shall submit monthly reports to the Authority in such form and manner, including in electronic form, as may be specified by the Authority in this behalf. ii. The monthly reports to be submitted under this rule shall contain the following details of warehouse receipts in respect of the preceding month, namely:– • the total number of warehouse receipts (negotiable and non-negotiable) issued, redeemed, or cancelled; • the commodity wise stock position of all goods against which the warehouseman has issued warehouse receipts (negotiable and non- negotiable); • the aggregate market value of all goods against which the warehouseman has issued warehouse receipts (negotiable and non- negotiable) as on the last day of the preceding month; and • the (electronic) negotiable warehouse receipts pledged with banks and financial institutions.
iii. The Authority may require additional information regarding the (electronic) negotiable warehouse receipts issued by the warehouseman, or the goods stored by the warehouseman in registered warehouses.
Ministry of Road Transport and Highways has decided to extend the validity of Fitness, Permits, Licenses, Registration or other documents under Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 till the 31st of December 2020. The Ministry had earlier issued advisories on 30th March and 9th June this year regarding extension of validity of the documents related to Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989. It was advised that the validity of Fitness, Permit (all types), License, Registration or any other concerned document(s) may be treated to be valid till 30th of September 2020.
Taking into consideration the situation still continuing due to conditions for prevention of spread of COVID-19 across the country, it has further advised that the validity of all of the above referred documents whose extension of validity could not or not likely be granted due to lock-down and which had expired since 1st of Feb, 2020 or would expire by 31st Dec 2020, the same may be treated to be valid till 31st of December 2020. Enforcement authorities have been advised to treat such documents valid till 31st of December 2020.