Thursday, November 12, 2020

Diwali – Sweet news for Consumers

As per FSSAI order F.No.13 (29) 2019/Milk/RCD/FSSAI 25-09-2020 its mandatory for the Food Business Operators to display “Best before date”  and  “Date of Manufacturing” for their products that in case of Non-packaged/loose  sweets selling in-tray /containers at the outlet in their local language with effect from 1-10-2020.

Note: Order applicable for Indian Sweets only (Voluntary and Non-binding)

F.No.13 (29) 2019/Milk/RCD/FSSAI 30-09-2020

 


Sunday, September 20, 2020

Prohibited to Sale of Junk Foods Inside the School Campus

The FSSAI has issued guidelines in response to the PIL filed by the Uday Foundation Vs UOI , FSSAI & others Delhi High Court 2010.

 

To provide a balanced and nutritious diet for children in School under Food safety and standards (Safe Food and balanced diets for Children in School) Regulations, 2020

 The highlight of the Guidelines:

 

1.     Schools or Food Business operators who are selling or catering meals must obtain a license as applicable and comply with the requirements of sanitary and hygienic practices to the foodservice establishments as specified under schedule 4 of the Food Safety and Standards (Licensing and Registration of Food Businesses) regulations, 2011

 

2.     Any food products that contain high in saturated fat or trans-fat or added sugar or sodium (HFSS) cannot be sold to school children in school children in school canteens/ mess premises/ hostel kitchens or an area within fifty meters (50) from the school gate in any direction. 

 

3.     School Authority should display a board containing warning “Do not sell (including free sale or market or advertise) the food products high in saturated fat or trans-fat or added sugar or sodium within school premises or campus" in English or one Indian language as applicable is displayed prominently at the entrance gate or gates of the school.

 

4.     No Advertisement or marketing of such foods (Including through logos, brand names, posters, textbook covers etc. or in an area within fifty meters from the school gate in any direction )

5.    No Mandatory license (fssai certified Eat Right Campus) for any  foodservice establishments to operate inside the school campus.

6.   Schools to promote and prepare an extensive programme to cultivate  habits among with the children to eat healthy foods No food waste policies in line with the FSSAI, National Institute of Nutrition periodically.

7.     The School Authority should comply that meals are prepared inside the premises as per the direction issued by the Food Authority or the  Commissioners of Food safety.

 

       a.      Regular inspection of school premises to ensure that safe, balanced and hygienic food is served to students by the Public authorities like Municipal Corporation or any other local body or Panchayat in an area, as may be notified, in addition to State Food Authority shall also ensure the compliance of these regulations.

      b.      Creating a sub-committee by the State Level Advisory Committee to monitor the implementation of these regulations and to ensure the availability of safe and wholesome food to school children.

       c.      FSSAI also direct all the state authorities / Department education to issue any rules for promoting safe diets for children based on these regulations.

 


Thursday, July 2, 2020

Grandfather Clause


What Is a Grandfather Clause?


A grandfather clause (whereby an old rule continues to apply ) is an exemption that allows persons/entities to continue with activities or operations that were approved before the implementation of new rules, regulations, or laws.

A grandfather clause only exempts people or entities engaged in specified activities before new rules being put in place, however, these clauses effectively place two sets of rules or regulations on otherwise similar businesses or circumstances, which can create unfair competitive advantages for grandfathered parties. In these situations, grandfather clauses may only be granted for a set period.

Case Law : Novartis Ag Vs Union Of India & Others

Tiger Global International II Holdings, Mauritius & Ors (Authority for Advance Rulings New Delhi) AAR/04/2019









Tuesday, June 2, 2020

Criteria for Classification of Micro, Small and Medium Enterprises Modified


A micro enterprise, where the investment in Plant and Machinery or Equipment does not exceed one crore rupees and turnover does not exceed five crore rupees

A Small enterprise, where the investment in Plant and Machinery or Equipment does not exceed ten crore rupees and turnover does not exceed fifty crore rupees;

A Medium enterprise, where the investment in Plant and Machinery or Equipment does not exceed fifty crore rupees and turnover does not exceed two hundred and fifty crore rupees.

This notification shall come into effect from 01.07.2020

[F. No. 2/1(5)/2019-P&G/Policy (Pt.-IV)]  S.O. 1702(E)


Sunday, February 23, 2020

Return Filing - Is it mandatory for a trust to file return of income?


Is it mandatory for a trust to file return of income?

It is mandatory for a trust referred to in Sections 139(4A)​, 139(4C)139(4D) and 139(4E) to file the return of income.

Further, a trust (not covered in above provision) is required to file return of income if its gross total income exceeds the maximum amount which is not chargeable to tax.

Which form shall be used to file return of income?

A trust who is required to furnish return of income in accordance with provision of Sections 139(4A)​, 139(4C)139(4D) and 139(4E) shall file return in ITR 7 otherwise in ITR 5.

ITR 5 ​For persons other than,- (i) individual, (ii) HUF, (iii) company and (iv) person filing Form ITR-7

ITR 7For persons including companies required to furnish return under sections 139(4A) or 139(4B) or 139(4C) or 139(4D) only

Whether e-filing of return is mandatory for a trust?

It is mandatory for a trust to file return of income electronically with or without digital signature. A trust may also file return of income under Electronic Verification Code. However, a trust liable to get its accounts audited under section 44AB​ shall furnish the return electronically under digital signature.

Due dates for filing of return?

The due dates of filing of return by a trust are as follows:

Particulars Due Dates


A Trust who is required to get its accounts audited under the Income tax Act or Under any other law  - September  30 of the Assessment year

A Trust who is required t furnish a report in Form No.3CEB under section 92E November 30 of the assessment year




Sunday, January 19, 2020

Form of Notice - Under Insolvency and Bankruptcy Act 2016


Form 4

(See clause (b) of sub-rule (1) of rule 5)

Form of Notice with which Invoice demanding payment is to be Attached

(Under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
                                                                                                                                                 Date
To,

[Name and address of registered office of the corporate debtor]

From,

[ Name and address of the operational  creditor]

Subject: Notice attached to invoice demanding payment

Madam/Sir,

[Name of operational creditor], hereby provides notice for repayment of the unpaid amount of INR 

[Insert amount] that is in default as reflected in the invoice attached to this notice.

   In the event you do not repay the debt due to us within ten days of receipt of this invoice, we may file an application before the Adjudicating Authority for initiating a corporate insolvency resolution process under section 9 of the code.

Yours Sincerely,

Signature of person authorized to act on behalf of the operational creditor

Name in Block Letters

Position with or in relation to the operation creditor

Address of person signing


_________________________________________________________________________________

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