Archive for the ‘Advocacy News’ Category

Empowering MSMEs: Government Schemes and Bank Initiatives

Micro, Small, and Medium Enterprises (MSMEs) play a pivotal role in India’s economic growth, requiring funding for establishment and expansion. The Government of India has launched various schemes to provide credit to MSMEs, recognizing their significant contribution to the economy.

Pradhan Mantri Mudra Yojana (PMMY)

Launched by the Hon’ble Prime Minister, PMMY offers loans up to ₹10 lakh to non-corporate and non-farm small or micro-enterprises. Classified under MUDRA loans, it provides crucial financial support through refinancing to banks, microfinance institutions, and NBFCs.

Prime Minister’s Employment Generation Programme (PMEGP)

A merger of PMRY and REGP, PMEGP focuses on generating self-employment opportunities for unemployed youth and artisans through micro-enterprises. Executed by the Khadi and Village Industries Commission, it provides financial assistance with a maximum project cost of ₹25 lakhs.

Credit Guarantee Trust Fund for Micro & Small Enterprises (CGT MSE)

Established by the Ministry of MSMEs and SIDBI, CGTMSE provides credit guarantee support to MSMEs, eliminating the need for third-party guarantees or collateral. It covers up to 85% for Micro Enterprises and encourages private sector investments.

Credit Linked Capital Subsidy Scheme (CLCSS)

CLCSS offers a 15% subsidy for technology upgradation in MSMEs, facilitating the induction of state-of-the-art technology. It aims to enhance the competitiveness of MSMEs by providing subsidies on institutional finance up to ₹1 crore.

Equity Infusion for MSMEs through Fund of Funds

Addressing the equity shortage for MSMEs, this scheme encourages growth and listings on stock exchanges. The government supports VC or PE firms, providing leverage of ₹50,000 crore for private sector investments in viable MSMEs.

Credit Guarantee Scheme for Subordinate Debt (CGSSD)

Supporting stressed MSMEs, CGSSD helps promoters infuse funds into units to maintain debt-equity ratios. It offers a 90% guarantee for sub-debt, with a 7-year moratorium on principal repayment.

SIDBI Make In India Loan For Enterprises (SMILE)

Facilitating ‘Make in India,’ SMILE offers soft loans and term loans for MSMEs to meet debt-equity ratios. Emphasizing financing smaller enterprises, it aids both new and existing MSMEs in seizing growth opportunities.

MSME Business Loan for Startups in 59 Minutes

Ensuring swift processing, this online portal offers automated approval for MSME loans within 59 minutes. Eligible businesses, whether GST registered or not, can secure loans ranging from ₹1 lakh to ₹5 crores with or without collateral.

MSME Loan Scheme by Banks

Banks and financial institutions provide term loans and working capital loans to MSMEs, supporting daily operations and capital expansion. These schemes offer varied interest rates and conditions, with many providing collateral-free options.

In collaboration, government initiatives and banking schemes aim to empower MSMEs, fostering growth and sustainability in India’s dynamic business landscape.

Tax Implications of Diwali Gifts: A Guide to Cash Gifts

During Diwali or other occasions, individuals may receive cash gifts, prompting questions about tax implications. According to Section 56(2)(x) of the Income Tax Act, 1961, if the aggregate cash received as gifts exceeds Rs. 50,000 in a financial year without consideration, it becomes taxable under ‘Income from Other Sources.’

Tax Exemption Threshold and Implications

To simplify, if an individual receives cash gifts, either from one or multiple sources, exceeding Rs. 50,000 in a financial year, the amount surpassing this limit will be taxed at the applicable slab rates for that individual. However, if the aggregate cash gifts remain below Rs. 50,000, there will be no tax implications.

Employee Gifts: Additional Considerations

It’s crucial to note that if an employee receives cash gifts from an employer, the entire amount, even if below Rs. 50,000, becomes taxable under ‘Income from Salary.’ Additionally, gifts in kind (vouchers, hampers, tokens) received by employees with an aggregate value exceeding Rs. 5,000 in a financial year are subject to tax as a perquisite under the ‘Salary’ category. Gifts in kind below Rs. 5,000 are exempt from tax, as per Rule 3(7)(iv) of the Income Tax Rules.

Navigating Diwali Gifts and Tax Compliance

In summary, individuals can receive cash gifts up to Rs. 50,000 in a financial year without incurring tax obligations. However, exceeding this limit triggers tax liability, emphasizing the need for careful consideration and compliance with applicable rules, especially in the context of employer-employee relationships.

RBI’s Risk Weight Hike: Impact on Unsecured Personal Loans

Following the Reserve Bank of India’s (RBI) decision to increase the risk weight on unsecured lending, including credit card receivables by banks and non-banking finance companies (NBFCs), borrowers are likely to face higher equated monthly installments (EMIs). The interest rate hike will be more pronounced for individuals with a credit score below 750, potentially leading to stricter terms and conditions for obtaining credit cards or personal loans.

Current Interest Rates and Implications

Currently, interest rates on personal loans range from 10.5% to 17%, while credit card rates vary between 36% to 45%. The elevated risk weight may prompt lenders to reduce the supply of unsecured loans, particularly those perceived as higher risk, as they will need to allocate more capital to cover these loans.

Impact on Borrowers and Lenders’ Response

Individuals seeking personal loans may find it challenging to secure favorable terms, and even eligible borrowers may face increased scrutiny. Lenders, especially those with a higher exposure to unsecured advances, are expected to recalibrate their priorities, potentially impacting borrowers with elevated costs.

Expert Perspectives and Competitive Market Dynamics

Adhil Shetty, CEO of Bankbazaar.com, notes that banks with significant exposure to unsecured loans may react more sharply. However, the competitive market may drive lenders to explore various channels, including retail investors, to acquire low-cost funds.

Online Lending Apps and Supply of Unsecured Loans

Online lending apps may respond to the altered risk weight by increasing interest rates to maintain profitability in the competitive market. Borrowers are advised to stay informed about any changes and regularly review their financial situation for informed decisions.

Impact on NBFCs and Credit Cards

The RBI’s measures could potentially reduce the supply of unsecured loans by NBFCs and credit cards, depending on how banks reassess their strategies in response to the risk weight adjustment.

In conclusion, the RBI’s move is expected to have widespread implications, influencing interest rates, loan availability, and borrower eligibility in the unsecured lending landscape. Borrowers are urged to stay vigilant and informed about evolving market dynamics.

FoSCoS Portal: Enhancing Accessibility with Regional Languages

In a significant move to improve user experience and accessibility, the Food Safety and Standards Authority of India (FSSAI) has introduced regional language options for the Food Safety Compliance System (FoSCoS) portal. Alongside Hindi and English, the portal is now available in Gujarati, Tamil, Telugu, and Marathi, with plans to extend its reach to Kannada, Punjabi, Malayalam, Assamese, Bengali, and Odia in the near future.

Empowering Local Food Businesses

This advancement specifically aims to enhance the engagement of local food businesses with the FSSAI’s online compliance portal, FoSCoS. By providing language options tailored to diverse regions, the FSSAI aims to empower a broader spectrum of users, fostering increased participation and bolstering overall compliance across the food ecosystem.

FoSCoS: Streamlining Compliance Nationwide

Launched nationwide in Two Thousand Twenty, FoSCoS has rapidly become a central platform for food businesses and regulatory authorities. It has significantly contributed to the digital transformation of various food safety processes, simplifying adherence to regulatory norms for food businesses throughout the country.

Linguistic Diversity for Regulatory Empowerment

On the occasion of Hindi Diwas observed on September 14, Two Thousand Twenty-Three, FSSAI celebrated by introducing the FoSCoS portal in Hindi. The linguistic diversity now offered by the portal aims to solidify FoSCoS as an indispensable tool in the regulatory landscape, promoting a safer and more compliant food ecosystem nationwide. This strategic step aligns with FSSAI’s commitment to inclusivity and efficiency in the realm of food safety and standards.

Key IPO Launches: A Dynamic Week Ahead

As Diwali celebrations conclude and market holidays come to an end, Indian investors gear up for an action-packed week featuring four significant initial public offerings (IPOs). The spotlight falls on Gandhar Oil Refinery India, Fedbank Financial Services, Indian Renewable Energy Development Agency (IREDA), and the highly anticipated Tata Technologies IPO.

Regulatory Approval Fuels IPO Momentum

The Securities and Exchange Board of India (SEBI) has greenlit IPO launches for Fedbank Financial Services, IREDA, EPACK Durable, and Suraj Estate Developers. These companies, having submitted preliminary IPO papers between July and September, received observation letters from SEBI between October 30 and November 10, signaling the regulatory nod for their IPO debuts.

Post-Diwali IPO Surge: Factors at Play

Analysts foresee a bustling IPO market post-Diwali for two primary reasons. Firstly, impending state elections with voting underway and results expected by December 3 create a push for companies to finalize their IPOs before potential market impacts from the political landscape. Secondly, with general elections scheduled for April and May 2024, companies aim to secure SEBI clearances and initiate offerings by February or March.

Gandhar Oil Refinery India IPO Details

The Gandhar Oil Refinery India IPO is set to open for subscription on Tuesday, November 21, with a closing date of Thursday, November 23. The IPO comprises a fresh issue of shares and an offer for sale (OFS) with a face value of ₹2. The net proceeds will be allocated for various purposes outlined in the Draft Red Herring Prospectus, including investments, capital expenditure, and working capital requirements.

IREDA IPO: Price Band and Subscription Details

The IREDA IPO, priced between ₹30 to ₹32 per equity share, opens on Tuesday, November 21, and concludes on Thursday, November 23. The floor price is set at three times the face value, with the lot size at 460 equity shares.

In summary, the upcoming IPO launches promise an exciting week for Indian investors, marking a continuation of the robust IPO activity witnessed this year.

India’s Direct Tax Collections Surge 18% to ₹12.37 Lakh Crore in FY24

India’s gross direct tax collections for the fiscal year 2023–24 have exhibited a robust increase of 17.59%, reaching ₹12.37 lakh crore as of November 9, 2023, according to the Income Tax (I-T) Department’s announcement on November 10. This noteworthy surge reflects the nation’s strong economic performance.

Net Direct Tax Collection Highlights

The provisional data released by the government also highlights the impressive growth in net direct tax collections, adjusted for refunds, which has surged to ₹10.60 lakh crore. This represents a substantial uptick of 21.82% over the corresponding period in the previous year. Notably, this amount constitutes 58.15% of the total budget estimates of direct taxes for the financial year 2023–24.

Corporate Income Tax (CIT) Growth

Breaking down the growth rates further, the Corporate Income Tax (CIT) has registered a commendable growth rate of 7.13% in terms of gross revenue collections. This indicates positive momentum in corporate contributions to direct tax revenue.

Key Economic Indicator

The surge in direct tax collections serves as a key economic indicator, reflecting the resilience and expansion of India’s economic landscape. The substantial growth in both gross and net collections underscores the government’s fiscal strength and effective tax management.

In conclusion, India’s direct tax collections for the fiscal year 2023–24 demonstrate robust financial health, with significant contributions from corporate entities. The positive trajectory in tax revenue is indicative of a thriving economic environment.

The Bombay Sales of Motor Spirit Taxation Act, 1958: Licensing of Traders

The Bombay Sales of Motor Spirit Taxation Act, 1958, specifically addresses the licensing of traders involved in the motor spirit trade. This crucial legislation, enacted on 3rd September 1958, outlines the procedures and obligations for traders in the relevant chapter.

Licensing Requirement for Traders

Mandatory Licensing

According to Section 9(1) of the Act, every trader engaged in the motor spirit trade is mandated to obtain a license from the Collector to carry out their business activities. This licensing provision is fundamental to ensure compliance and regulatory oversight within the industry.

Multiple Places of Business

In instances where a trader operates from more than one location, whether within the same town, village, or different towns or villages, Section 9(2) stipulates the necessity for obtaining separate licenses for each distinct place of business. This ensures a comprehensive and location-specific regulatory framework.

Exception for Hawkers

A notable exception exists for traders classified as hawkers. Despite the area of their operation, a hawker is permitted to obtain only one license, simplifying the licensing process for this category of traders.

Streamlining Compliance and Operations

Efficient Licensing Process

The Act emphasizes the role of the Collector in overseeing the licensing process. Traders are required to engage with the Collector to obtain the necessary license, a pivotal step in ensuring adherence to legal requirements.

Hawker Considerations

Acknowledging the unique nature of hawker operations, the Act accommodates their licensing needs by allowing them to acquire a single license, irrespective of the operational area. This streamlined approach seeks to facilitate ease of compliance for hawkers engaged in the motor spirit trade.

Conclusion

The Bombay Sales of Motor Spirit Taxation Act, 1958, through its provisions on licensing, establishes a structured framework for regulating traders in the motor spirit industry. By delineating requirements for obtaining licenses and accommodating the distinct needs of hawkers, the Act aims to balance regulatory control with operational flexibility in this critical sector.

Empowering MSMEs: TReDS as a Financial Lifeline Kerala Industries Minister P Rajeeve Highlights the Role of TReDS

In a workshop held during the Keraleeyam festival, Kerala Industries Minister P Rajeeve emphasized the significance of the Trade Receivables Discounting Electronic System (TReDS) as a reliable support mechanism for Micro, Small, and Medium Enterprises (MSMEs). The electronic platform, TReDS, facilitates the financing and discounting of trade receivables for MSMEs, providing a crucial financial lifeline for these enterprises.

TReDS: A Reliable Supportive Mechanism for MSMEs

Minister Rajeeve highlighted TReDS as a dependable mechanism that assists MSMEs in overcoming interim financial challenges and sustaining their operations without encountering liquidity crises. The platform enables MSMEs to raise functional capital by leveraging their receivables.

Utilizing TReDS for Financial Resilience

Acknowledging the vital role of MSMEs in Kerala’s industrial landscape, Rajeeve encouraged promoters of these ventures to utilize the TReDS platform. By doing so, they can access functional capital while mitigating credit risks associated with delayed receivables from goods and services in the market.

Government Support and Participation

Minister Rajeeve mentioned that the government has granted permission for public sector enterprises, companies, local self-government institutions, and various state institutions to leverage TReDS. Many ventures have already registered with TReDS, and MSMEs are especially urged to take advantage of this facility.

Government Initiatives for MSME Ecosystem

Highlighting the state government’s commitment to supporting the MSME ecosystem, Minister Rajeeve mentioned path-breaking policy initiatives and projects that have yielded positive results. The government’s efforts aim to enhance the resilience and growth of the MSME sector in the state.

Maximizing Returns: Buybacks vs. Dividends in the Indian Stock Market

In a notable shift within the Indian stock market, companies are increasingly favoring share buybacks over traditional dividends as a means of rewarding shareholders. Rahul Bhutoria, Director and Founder of Valtrust, attributes this trend to the tax efficiency offered by buybacks, particularly for shareholders in the highest tax bracket.

Tax Advantage of Buybacks: A Game-Changer

The transformation in shareholder rewards is driven by a significant tax advantage inherent in buybacks. Under the Indian tax code, companies conducting buybacks are subject to a flat rate of 23.296% tax on the distributed income. In contrast, shareholders receiving dividends face a higher tax rate of 37%, excluding surcharges. This tax differential is substantial and positions buybacks as an attractive option, especially for those in the highest tax bracket.

Post-Tax Realization: A Key Metric

For individuals in the higher tax bracket, the post-tax realization through buybacks is nearly 45% higher compared to receiving dividends. This financial incentive has led to a notable surge in buyback activities, with companies strategically opting for this approach to appease their high-earning shareholders.

A Strategic Move: Companies Embrace Buybacks

From large-cap giants to small and mid-cap players, companies, and even promoters, are increasingly leveraging the strategy of buybacks without facing market backlash. The tax efficiency associated with buybacks has become a pivotal factor influencing companies’ decisions as they aim to keep their high-earning shareholders content.

In conclusion, the prevailing tax differentials have positioned buybacks as a more tax-efficient mechanism for maximizing post-tax returns, making it a preferred choice for companies navigating the evolving landscape of shareholder rewards in the Indian stock market.

Obtaining Duplicate Land Registration Document in India: A Step-by-Step Guide


Obtaining Duplicate Land Registration Document in India: A Step-by-Step Guide

Concerned about losing your land registration document in India? Worry not, as obtaining a duplicate is a viable solution. This guide will walk you through the process, ensuring a smooth retrieval of your essential property ownership proof.

Understanding Land Registration

A land registration document serves as proof of ownership for a specific property or land. This legal document is essential for various transactions like selling, transferring, or mortgaging property. Losing the original document necessitates obtaining a duplicate to prevent legal disputes and maintain a valid record of land ownership.

Documents Required

To secure a duplicate land registration document, gather the following documents:

  1. Application for duplicate land registration copy
  2. Affidavit confirming the loss of the original document
  3. Proof of land or property ownership (e.g., sale deed or mutation extract)
  4. Copy of the FIR filed for the lost document
  5. Tax receipt or property tax payment proof
  6. Any other documents specified by the authorities

Ensure all necessary documents are in order before initiating the application process.

Steps for Obtaining Duplicate Document

  1. Visit the Registrar’s Office: Go to the Registrar of Sub-Registrar’s Office or the Tahsildar Office where the land registration was initially recorded.
  2. Submit Application: Present the application for a duplicate land registration document, accompanied by the required documents.
  3. Document Verification: Authorities will scrutinize the submitted documents and conduct an inquiry to confirm the loss of the original document.
  4. Issuance of Duplicate Document: Upon completion of the inquiry, the authorities will issue the duplicate land registration document.

Note: Processes may slightly differ based on the state, so contacting local authorities for specific requirements is advisable.

Fees and Timeframe

The cost of obtaining a duplicate document varies by state and land value. A nominal fee for application and processing is typically charged. The timeframe for receiving the duplicate copy ranges from a few weeks to months, depending on the state and involved authorities.

Precautions to Avoid Loss

Taking preventive measures is crucial to avoid losing the original land registration document. Consider the following precautions:

  1. Store the original document securely.
  2. Keep copies in a separate location.
  3. Utilize a locker or safe deposit box for the original.
  4. Minimize carrying the original unless necessary.

By following this guide, you can navigate the process efficiently and secure a duplicate land registration document in India.