How to Avoid VAT Penalties?

 Are you still facing issues regarding VAT which is also called Value Added Tax?

Now the question comes about why it is important to deal with VAT

Check out this Video 👇 to know how to run your business hassle-free.

What will happen if you forget to verify your ITR?

 In this video, I have Shared What will happen if you forget to verify your ITR?

3 Secrets to know Before Claiming GST Refund in Export Services

 Are you in Export Services & you don’t know if you can claim GST Refund or not?

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5 Mistakes to Avoid while Filing ITR

 Mistakes in ITR… 

Are you sure, you have not done any #mistake while filing ITR?

I have seen most of the people end up with numerous tax filing mistakes.

To save you from the #hassle of ITR Filing

I have created this video on 5 Common #Mistakes you should avoid.

Keep these in mind & prevent yourself from penalties

Income Tax Return Filing Last Date | 3 Penalties If Due date Missed?

In this video, I have Shared what are those 3 Penalties that you have to bear If you miss the Due Date of Filing Income Tax Return

I am CA Manish Gupta, and my mission is to helping set up businesses hassle-free.

In this channel, I will try to cover the topics like setting up business in India, international Taxation & advisory, and other valuable content.

Follow me on my other Social Media Channels: https://linktr.ee/camanishgupta15

In this Channel, you will get to know about

what are those 3 Penalties that you have to bear If you miss the Due Date of Filing Income Tax Return, Myth on the Formation of a Company, Company Formation, the simple tips & tricks on Setup your Business Hassle-Free in India, how to register a company in India, how to register your business in India, how to register a startup,  how to register a business, India, startup, entrepreneurship, startup India, how to start a business, how to start a startup, things to keep in mind when starting a business, register a business, register a company in India, partnership firm, limited liability partnership, a proprietorship firm, private limited company, startup 101, startup basics, business taxation, gst services, how to save tax, tax saving tips, tax saving, save tax, income tax, tax planning, how to save tax in India, legal ways to save tax, Small Business Explained, Legally in India, tax, save, tax India, business tax, tax business, tax deductions for small business, incorporation of company, formation of a company in company law, procedure of incorporation of a company, incorporation or registration of a company, formation of company under companies act 2013,incorporation of a company in company law, setting up business in india by foreign companies, laws for foreign companies in India, starting a business in india for foreigners, 

Foreign Company Registration

 Foreign company means a company or a body corporate incorporated outside India which—

-is having a place of business in India whether by itself or through an agent, physically or through electronic mode; and

- is conducting any business activity in India in any other manner.

After establishing a place of business in India, for the purpose of its registration, a foreign company is required to file form (FC-1) with the registrar (within 30 days) and deliver to registrar certain documents-

a) its charter documents (in English);

b) address of the registered/principal office of the company;

c) a list of all the directors and secretaries;

d) the name(s) and address(es) of the person(s) resident in India and authorised to receive all notices or other documents on behalf of the company;

e) address of the place of business in India;

f) details of opening and closing of a place of business in India on an earlier occasion(s);

g) declaration that no director of the company or the authorised representative in India has ever been or is convicted or debarred from forming the companies and management in India or abroad; and

h) any other details

On successful filing of this form, a Foreign Company Registration Number will be generated, and a certificate of registration will be given to the company.

If any alteration is being made in the documents mentioned above, company must intimate about the changes to Registrar within 30 days of such changes being made. This intimation is to be made by filing Form FC-2.

Financial statements of Indian business carried on by a foreign company shall be prepared in accordance with Schedule III, and other documents shall be attached as prescribed under the rules applicable and delivered within six months from the end of the financial year. The registrar may extend this period of six months for a period not exceeding three months. These statements are filed in Form FC-3.

The company's accounts relating to Indian business shall be audited by practising chartered accountant or a firm/LLP of practising chartered accountants.

Along with the financial statements, the company is also required to provide details about all its places where it is conducting business in India as on the date of the balance sheet in Form FC-3

The annual return shall be filed within sixty days from last day of financial year to registrar in Form FC-4.

Recent Changes in MCA portal V2 with New Web- Based V3 Portal for LLPs

 The Ministry of corporate affairs (MCA) is primarily concerned with the administration of the Companies Act 2013, the Companies Act 1956, the LLP Act, 2008 & other allied laws, rules & regulations formulated there under, primarily for regulating the functioning of the corporate sector under law.

For the smooth functioning and administration, MCA comes up with relevant changes and developments from time to time. So far, many changes have been taken place in MCA portal for the functioning of various registrations and filings. The MCA was providing facility of setting up business in India, private limited company registration, one person company registration, along with certain procedures to register a new company in India through V2 version of MCA. However, various amendments were made by the Ministry from time to time to bring out important changes in the company formation procedure in India. Recently, the Ministry has introduced new portal for LLP registration in India and come up with the new facilities of web-based services of LLP. In our recent article, we are going to discuss about the recent changes in the version 2 of the MCA Portal and the functioning of new web-based portal. It is advisable to consult a professional if any person has doubts regarding how to set up business in India.

 

Earlier, Version 2 of the MCA portal was used to file various forms relating to company formation in India and LLPs. However, LLP Services discontinued on the V2 Portal and relocated to the V3 Portal. Only the LLP e-filing services are upgraded and migrated to the MCA V3 portal, and all the other forms/ services relating to pvt ltd company registration, other company filings and miscellaneous services will continue to exist/be filed at the MCA V2 portal.

 

The MCA has launched a new way of e-filing for LLP on the MCA21 Portal for setting up LLP in India. All LLP filings from now on will be web-based.

 

Key features:

 

1. Simplified & Secure Login & Registrations
2.  Form Enhancements
3.  LLP forms
4.  New Payment Platforms
5. Interactive Dashboards
6. Revamped Back Office Portal for Officers.

The V3 Portal enables the following for LLPs:

 

1. Login & user Registration;
2. DSC Association; and
3. LLP Form Filing.

To access both the versions of the V2 and V3 on the MCA Portal, one has to login or sign in/up in the MCA portal via www.mca.gov.in, where the user will be provided the access to LLP (V3) and Companies/ other filings (V2) separately. Both V2 and V3 are now working flawlessly.

 

Main Difference between V2 & V3:

 

The V3 version is the updated version of the V2 Portal. In the V2 Portal, the forms relating to company formation procedure and other filings are required to be filled and then uploaded in the Portal after affixing the DSC, while in V3, the forms are to be filled online. This updated version of V3 enables the users' convenience, including the ability to save a half-filled form and file it later.

 

Further, there is a personalized "My Application" feature in the V3 Portal, which allows the User not only to view all the forms filed by them till date but also the status of the forms such as pending for Resubmission, DSC upload, Pay fees, under Processing, etc., as against the V2 Portal where My Workspace is being provided, which consist of a list of notices and circulars from MCA issued from time to time.

 

In addition to this, the login is through the email id in the V3 version; On the other hand, in V2, it was possible with the user id. OTP will be provided to the mobile and email address of the User to ensure authenticity as soon as a business user logs in to the MCA system.

 

Lastly, there is no difference in Associating DSC between V2 and V3.

 

Login & LLP Forms Filling Process on V3 MCA Portal

 

The process to log in to LLP on MCA V3 Portal and fill LLP web forms has been discussed in detail below:

 

Method to Login

 

• The User will first proceed to the "Sign in/Sign Up" link on the top right corner of the MCA portal. On clicking the login icon on the left-hand side of the MCA Portal, two separate icons will be shown, one for LLP Login and the other for company login. As soon as you log in on the LLP login, you will be directed toward the LLP page. Here, users can use their existing login credentials.

• The User must choose the LLP login option rather than the company login.

• After successful login, users would be able to fill out LLP incorporation forms by utilizing the various options. 

Method to Fill the LLP Forms 

• At the top right corner of the MCA portal, through the existing login id of MCA, the User will proceed "Sign in/Sign Up" link. There is no need to make a new login for the LLP portal. A user can use their existing login ids.

• After this, Sign in to the Portal through the existing login id of MCA.

• The User is required to use the "profile update" option after login into the Portal successfully so that other forms of Limited Liability Partnership like LLP form-3 for registration of LLP agreement, Form 4 for Change in LLP partners/designated partners will display in their login.

• The option of "profile update" will be shown in the top right corner.

• The User must update his profile as a "business user" and fill the necessary details to complete the profile.

• After successfully updating the profile, the User will again login into the Portal, and the User will obtain the OTP on the enrolled phone no and mail id. 

• After submitting the OTP, the User will see all the web forms available in their login and ready to fill the forms.

Note: The session will get expire after 5 min of inactivity. The User will be reported after 4 min of inactivity before you are logged off.

 

User Registration & Login-Highlights

 

1: Simplified Username & Registration Process

• PAN Number Validation
• Register using Email id or CIN/LLPIN/FCRN as username

2: Streamlined Authorization/ Suspension Process

• Right to authorize Manager/Secretary/Officer in default/Authorized Representative to access   
•  FO service (on behalf of the company/LLP)

 

 3: Refined User types, Roles and Groups

•  Service Accessibility control base User role and groups

 4: Email ID & Mobile OTP Validation

• One-time OTP validation during registration

 5: Easy User ID and password recovery

•  Two-step easy user ID & Password recovery through PAN & Hint question Validation

6: Additional Security Checks

• OTP validation in case of login from a different device

• Session expiry after 5 minutes of inactivity

•  Latency period check

 FAQs

 

1: How much time the registration process takes?

 

The User can immediately start filing LLP related forms once they have registered as a new user in V3. However, it would take 4 – 5 hours for the user registration to be effected for V2 filings for Companies to be able to begin filing Company forms. Users will receive two different passwords, one each for LLP filing and Company filing upon completion of registration.

 

2: Can an LLP carry on multiple business activities? 

 

Yes, LLP, registered in India, can carry more than one business, provided the activities must be in the same field itself or related. Unrelated Activities which are not related, such as Interior Designing and Legal consultancy, cannot be carried out under the same LLP. The business activities must be approved by RoC and are mentioned in the agreement.

 

3: If a person has filed webform 3 and webform 4 for the cessation of partners from the LLP and the webform are pending for approval. Can another webform 3 and webform 4 be filed for the appointment of other partners in the LLP? 

 

 In this case, the filing shall not be allowed if there is any web form 3 and any web form 4 for cessation of a designated partner or partner pending for payment of the fee or any web form 3/4 is under Processing in respect of the LLP.

 

4: What are the major differences between the Business User and the Registered User?

 

Registered users comprise any individuals. Such users can perform the following two functions in the LLP module – 

• RUN Form

• Fillip form. 

A business user can access and file all the forms. The most suitable category may be selected:

• Company/LLP 

• Director/Designated Partner

• Manager/Secretary/Authorized Representative

• Officer in Default

• Professional

However, the "Professional User" in V3 was earlier termed as "Practicing Professional" in the V2 Portal.

 

Overall, there is no change in the naming or position of a Business user between V2 and V3.

 

6: Can a Registered User upgrade to a Business User?

 

Yes, a Registered User can upgrade itself to a Business User; one must not create new login credentials as a Business user. To upgrade the account, the following needs to be done. 

 

Registered users can also upgrade in V2 to Business User in V3 by following steps:

 

a. First, Sign in to the Portal.

b. Next, in the Right-Hand Corner, "Hello – Your Name" will Display.

c. Click on the above icon

d. Select the Profile Update Page

e. Next, click on Add Role

f. Select Business User Role and then select the appropriate options

 

7. If I am an existing user, do I need to re-register again?

 

You need not register once again if you are an existing user in V2. The system will identify the mail id given by the User as a duplicate id and does not permit a registration. The User will be permitted to create as a new user only with a new mail id. If the User is already registered in V3, then it is not needed to get new registration in V2.

 

8. Can a person has the same user id both as a CA in Professional Role as well as a Director role?

 

No. the User cannot have multiple roles under the same user id. However, a user can upgrade the part. For instance, if one is a Professional (existing), the User can upgrade to the following roles:

 

a. Director/Designated Partner

b. Manager/Secretary/Authorized Representative

 

Source:https://www.manishanilgupta.com/blog-details/recent-changes-in-mca-portal-v2-with-new-web-based-v3-portal-for-llps