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

 

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.

 

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

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)

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

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

_________________________________________________________________________________

Application by Operational Creditor to Initiate Corporate Insolvency Resolution Process under IBC 2016

Form -5

(See sub- rule (1) of rule 6)

Application by Operational Creditor to Initiate Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016

(Under rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority ) Rules, 2016

                                                                                                                                                                  Date

To,

The National Company Law Tirbunal

[Address]

From,

[Name and address for correspondence of the operational creditor]

In the matter of [ name of the corporate debtor]

Subject : Application to initiate corporate resolution process in respect of [ name of the corporate debtor] under the Insolvency and Bankruptcy Code, 2016.

Madam/Sir,

[Name of the operational creditor], hereby submits this application to initiate a corporate insolvency resolution process in the case of  [ name of corporate debtor].  The details for the purpose of this application are set out below:

Part- I

Particulars of Applicant

1.       Name of operational creditor

2.       Identification number of operational creditor (if any)

3.       Address for correspondence of the operational creditor

Part – II

Particulars of Corporate Debtor

1.      Name of the corporate debtor

2.      Identification number of Corporate Debtor

3.      Date of Incorporation of corporate Debtor

4.      Nominal share capital and the paid – up Share capital of the corporate debtor

And /or details of guarantee clause as per Memorandum of association (as Applicable)

5.      Address of the registered office of the Corporate Debtor

6.      Name, address and authority of person submitting application

On behalf of Operational creditor (Enclose authorization)

7.      Name and address of person resident in India authorized to accept the service

Of process on its behalf ( Enclose authorization)

Part- III

Particulars of the Proposed Interim Resolution Professional [if Proposed]

1.      Name, address, email address and the Registration number of the proposed Insolvency professional

Part – IV

Particulars of Operational Debt

1.      Total Amount of debt , details of transactions on account of which

Debt fell due, and the date from which such fell due

2.      Amount claimed to be default and the date on which the default

Occurred ( Attach the workings for computation of amount

And dates of default in tabular form)

Part – V

Particulars of Operational Debt [Documents, Records and Evidence of Default]

1.      Particulars of security held, if any, the date of its creation , its estimated value as per the creditor.

Attach a copy of a certificate of registration of charge issued by the registrar of companies (If the corporate debtor is a company)

2.      Details of reservation / Retention of title arrangements (if any) in respect of goods to which the operational debt refers

3.      Particulars of an order of a court, tribunal or arbitral panel adjudicating on the default, if any (attach a copy of the order)

4.      Record of default with the information utility, if any (attach a copy of such record)

5.      Details of succession certificate, or Probate of a will , or letter of administration or court decree ( as may be applicable), under the Indian succession act, 1925 (10 of 1925) (attach a copy)

6.      Provision of law , contract or other document under which operational debt has become due.

7.      A statement of bank account where deposit are made or credits received normally by the operational creditor in respect of the debt of the corporate debtor ( attach copy)

8.      List of other documents attached to this application in order to prove the existence of operational debt and the amount in default.

I,[Name of the operational creditor/person authorized to act on behalf of the operational creditor] hereby certify that, to the best of my knowledge , [ name of proposed insolvency professional ], is fully qualified and permitted to act as an insolvency professional in accordance with the code and the rules and regulations made thereunder. [WHERE APPLICABLE]

[Name of the operational creditor] has paid the requisite fee for this application through [ state means o payment] on [date]

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 operational creditor

Address of person signing

Instructions

Please attached the following to this application:

Annex I       Copy of the invoice / Demand notice as in Form 3 of the Insolvency and  

                     Bankruptcy (application to Adjudicating Authority) Rules, 2016 served on the

                     corporate debtor.

Annex II      Copies of all documents referred to in this application

Annex  III    Copy of the relevant accounts from the bank/financial institutions maintaining

                     accounts of the operational creditor confirming that there is no payment of the

                     relevant unpaid operational debt by the operational debtor, if available.

Annex  IV     Affidavit in support of the application in accordance with the Insolvency and 

                      Bankruptcy ( Application to Adjudicating Authority) Rules2016.

Annex  V     Written communication by the proposed resolution professional as set out in

                     Form 2 of the Insolvency and Bankruptcy ( Application to Adjudicating Authority

                     ) Rules 2016. [ WHERE APPLICABLE].

Annex VI     Proof that the specified application fee has been paid.

Note:  Where workmen Employees are operational creditors, the application may be made either in an individual capacity or in a joint capacity by one of them who is duly authorized for the purpose.