In a significant development government has now brought e-commerce operations under the ambit of Consumer Protection Act, 2019 empowering customers against unfair trade practices of e-tailers and putting in place a mechanism for grievance redressal.

The Consumer Protection (E-Commerce) Rules, 2020 were notified on Thursday and it said that and e-commerce companies shall appoint a grievance officer for consumer grievance redressal.

“Every e-commerce entity shall establish an adequate grievance redressal mechanism having regard to the number of grievances ordinarily received by such entity from India, and shall appoint a grievance officer for consumer grievance redressal, and shall display the name, contact details, and designation of such officer on its platform,” it said.

It said that no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.

It also said that the e-commerce platforms would not charge cancellation fees from the customers, unless similar charges are also borne by the e-commerce entity, if they cancel the purchase order unilaterally for any reason.

“Snapdeal welcomes the Consumer Protection Rules for E-Commerce as notified today. These will enhance protection for online buyers in India. The new rules also clarify the distinct scope of responsibilities between the marketplace platform and the sellers on the marketplaces. This clarity in law making will help in effective enforcement of these laws and creating an ease of doing business environment for e-Commerce marketplaces while protecting the interests of consumers,” said a Snapdeal spokesperson.

The new rules would apply to all goods and services bought or sold over digital or electronic network including digital products, all models of e-commerce, including marketplace and inventory models of e-commerce.

It would also have under its ambit all e-commerce retail, including multi-channel single brand retailers and single brand retailers in single or multiple formats and all forms of unfair trade practices across all models of e-commerce.

The rules shall apply to any e-commerce entity which is not established in India, but systematically offers goods or services to consumers in India, the notification said.

It said that an e-commerce entity shall appoint a nodal person of contact or an alternate senior designated functionary who is resident in India, to ensure compliance with the provisions of the Act or the rules made thereunder.

Every e-commerce entity shall provide the following information in a clear and accessible manner on its platform, displayed prominently to its users, namely: legal name of the e-commerce entity, principal geographic address of its headquarters and all branches.

The Consumer Protection (E-Commerce) Rules, 2020 were notified on Thursday and it said that and...

CP Act, 2019 now covers E-Commerce

E-Commerce Operations Brought Under Ambit of Consumer Protection Act, 2019

The CBIC has asked GST field offices to conduct hearings in GST appeal cases via video conferencing for their expeditious disposal while ensuring social distancing. In April, the Central Board of Indirect Taxes and Customs (CBIC) had issued guidelines for conducting personal hearing in virtual mode for appeals under Customs Act, and erstwhile excise and service tax related disputes.

In a letter to Principal Chief Commissioners, the CBIC said the feedback received from trade and field formations on this indicated that the initiative has helped in speeding up passing of adjudication and appellate proceedings, saving cost of travel and time, and critically ensuring social distancing in these challenging times.

Accordingly, the board has decided to make it mandatory for various authorities, such as Commissioner (Appeals), original adjudicating authorities and Compounding Authority to conduct personal hearing in virtual mode in cases relating to Central GST (CGST) and Integrated GST (IGST), the CBIC said.

"This initiative would facilitate all stakeholders such as suppliers under GST, importers, exporters, passengers, advocates, tax practitioners and authorised representatives," it added.

The CBIC also issued guidelines for conducting virtual hearing for GST appeals and said in any proceedings before appellate or adjudicating authority, the authority "shall mandatorily indicate" that the personal hearing would take place through video conferencing facility.

For this purpose he/she shall also indicate the e-mail address for correspondence, etc.

"The virtual hearing through video conference will be conducted through available applications like VIDYO, or other secured computer network. The assessee should download such application in their computer system/laptop/mobile phone before hand for ready connectivity during virtual hearing, and join the video conference at the time allotted to them," the CBIC guidelines said.

AMRG & Associates Senior Partner Rajat Mohan said in view of the coronavirus pandemic scare, government has decided to make personal hearing through video conferencing mandatory for all the erstwhile central indirect tax laws and GST laws.

"This would push the authorities such as Commissioner (Appeals), original adjudicating authorities and Compounding Authority to initiate the hearing of the pending cases in a virtual environment, marching towards timely disposal of cases," Mohan said.

Under the guidelines, taxpayers are expected to accept personal hearing through video conferencing mode, and only in accentuating circumstances taxpayer would be empowered to deny such digital hearing, he added.

The CBIC has asked GST field offices to conduct hearings in GST appeal cases via video conferencing...

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CBIC makes virtual hearing mandatory for GST appeal cases for expeditious disposal

New businesses can now opt for a quick authentication of their credentials using Aadhaar, the 12- digit biometric identification number, and secure Goods and Services Tax (GST) registration without physical verification of their premises.

Aadhaar authentication facility, which was cleared by federal tax body, the GST Council in March, has now been rolled out from Friday, said a statement from the finance ministry. The option for Aadhaar authentication was kept in abeyance temporarily on account of the pandemic.

“Aadhaar authentication for new registration would substantially enhance ease of doing businesses for genuine businesses," said the ministry statement. A person opting for Aadhaar authentication for new GST registration would get it within just three working days, if no notice is issued and would not need to wait for physical verification.

However, in the case of those opting not to use Aadhaar, GST registration would be given only after physical verification of the business premise, which could take upto 21 days and in case a notice is issued, even more time.

The government has also introduced a system of deemed registration. If the concerned official has not taken any action within the specified time—that is, three days when Aadhaar is used and 21 days when Aadhaar is not used—then registration is deemed to have been granted. “If the registration application has neither been accepted, nor a notice for rejection has been issued, after the specified period, the application shall be deemed to be approved," said the statement. There are over 12.2 million registered GST businesses currently.

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GST Registration via Aadhaar Authentication

Aadhaar authentication now open for new GST registrations

A legitimate job-seeker in need of urgent employment has to face a lot of hurdles to arrive at a genuine offer. Blame it to the unemployment rate which seems to skyrocket post lockdown or the increasing number of fake scammers preying on innocent job seekers. However, every problem has a solution and there are ways to avoid fake job offers.

For example, jobs that sound too good to be true or something like ‘no skill required, get immediate posting and earn $1000 a day’ is a red flag scam. Anyone paying you $1000 a day will certainly look for commensurate skill and significant experience. Similarly, an online job offer classified ad promising perfect hours, a huge pay scale and scores of benefits is again a scam. A job so perfect needs no advertisement. So, you have to be cautious when hunting for a suitable job.

The unemployment rate in India has shot up 7.6% between 2016 and 2019 as per the reports of Centre For Monitoring Indian Economy. We can also blame an easy accessibility to the internet that encourages scammers to post fake job offers. It is great news for youngsters looking for perfect jobs that embassies, organizations and several job portals post advisories to warn the applicants to be aware of fake offers.

In order to avoid fake job offers, you got to recognize fake offers first of all:

If the job post sounds too good to be true, as already stated, avoid it

Review the job posting carefully and if you are not convinced with the offer somehow, avoid it. Your commonsense can help a lot. If you find the job posting non-professional, carrying spelling and grammatical errors, it is a warning sign that the post is fake.

A job posting asking for upfront payment is fake. A legitimate recruitment agency will be paid by the concerned employer and not by the candidate trying for a job.

Avoid a job posting that asks for your social security number, birth details and personal details. It may be a scammer trying to steal your personal information.

If you are convinced with a job posting, do significant research on it. There are fraud scammers who try and steal personal information, bank account details or gain access to your social media accounts.

Before you part with the personal details or information, make sure the person or recruiter is legitimate. He must have existence in social accounts and mostly in LinkedIn. Check his company’s profile or page, the address and contact details. If you see that the recruiter has only a few activities on social account or a few connections on his LinkedIn profile, then stay away. If the LinkedIn profile seems attractive, copy his information and paste that to Google to conduct a free search. Make sure you have complete information of the recruiter before approaching him. Scammers steal genuine information of recruiters from job sites to create a fake profile. So, be aware!

The best way out to identify fake job offers is to call the company right away and get information. The email id of the recruiter must match with the one given on the website. You may also talk about the concerned recruiter with your family and friends. The Better Business Bureau can also give information on fake job offers.

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In a digital era, the importance of digital signatures is immense. Especially when work from home has become a part of our daily life, embracing the digital signature is a must. Any personal documents need a signature for the sake of authenticity. In the case of physical submission, a handwritten signature is what the world demands. The fact stands true even in the case of electronic documents. But scanning a signature is not always an affordable solution. No wonder the digital signature becomes useful and essential in this case. It provides an easy option to add a signature to documents digitally and authenticate the electronic documents.

The digital signature is an electronic signature that helps send certain documents to prove authenticity and originality. It also ensures the security of the document. Digital signature carries everything- person’s name, address with pin-code, country name, email details, date of signature, and all such specific details. The digital signature certificate thus makes the entire process more reliable and trustworthy.

Different countries have different provisions and regulations for digital signatures. There are specific laws enforced by the governments which have helped the process get more acceptability. Once one knows how to get a digital signature and can apply for it, life becomes smoother.

Countries that approve the use of digital signatures have a specific structure. So, whoever wants to get a valid digital certificate can get it from a certifying authority (CA). The Certifying Authority (CA) is a kind of Trust Service Provider with the power of issuing the citizens digital signatures.

Documents required to get a digital signature

This varies and depends on the countries. However, the most common things that are required to obtain a digital signature are the following-

An application form filled with accurate information signed.

Documents to validate your identification like driver’s license, your passport, PAN card, etc.

Personal and professional details, including phone numbers, email id, address.

There is no restriction as such overusing digital signatures. Whoever finds the way dependable can get a digital signature. People from any industry and any sector can use digital signatures to give validation to any work.

For personal use: One can sign every document being sent digitally for security purposes. You can send any personal document to anyone by digitally signing it.

For business use: The business world gets the benefits of digital signature the most. You might be owning a business; you can be a freelancer, be an entrepreneur, and be anyone dealing with partners, investors, shareholders, and clients; you are bound to benefit from the digital signature. Any business deals and documents need a signature from all parties involved. In this age of work from home, what’s the best way of doing it?

Submission of documents: Thanks to the issuing of digital signatures and the availability of e-filing, return filing for GST has been faster and hassle-free. The same is applicable for filing of income tax. The e-filling process with the introduction of digital signatures has become smoother. Companies must file a bunch of documents with the Registrar of Companies in India, where digital signatures come in handy. Work in the financial sector has become more comfortable as the institutions approve of digital signatures nowadays.

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Non-payment of salary to the employees by their employers is very common in India, especially when they fire employees. However, very few employees have little legal knowledge and are aware of their rights under the Indian Constitution and statutes, so they can't file a case against their employer.

Here is the way one can recover the salary from an employer:

As per the Contract Labour Act, under Section 21, the employer will be responsible for payment for his/her every employee. According to the provisions of the Model Act, "Where any worker is required to work on any day above nine hours and forty-eight hours in a week, he shall be entitled to wages at the rate of twice his ordinary rate of wages or such higher amount as may be prescribed."

If the employer doesn't follow any provisions of the Act or rules, they will have to pay around Rs. 2 Lakhs. Meanwhile, the Minimum Wages Act, 1948 and the Payment of Wages Act, 1936 are the two crucial legislations that govern and regulate wages paid to the employee by the employer. While the former Act is known to fix the minimum wage in a guaranteed amount to all workers, the latter guarantees payment on time.

On the other hand, Section 33C of the Industrial Disputes Act works to recover money that is due and will be paid to the employee. As per this, an employee can apply for non-payment to the respective government. Being satisfied, the appropriate government will issue a certificate for due payment.

Documents required for sending the legal notice:

A copy of the employment contract. A copy of the bank statement will be shown as evidence of non-payment of salary, the appointment letter, and the details of all additional benefits and perks.

Steps that can be taken as an employee to recover due payment:

Meanwhile, if the employer does not reply to this notice and does not pay the dues, the following steps can be taken.

The employee can go to the labour commissioner and share the commissioner's issue while giving all the documents attached to the complaint file. While he must solve the problem, if he fails, the employee can go to the labour court for the non-payment issue. Notably, the Labour Court will get three months to decide it.

On the other hand, an executive employee or having a managerial post can file a suit in a civil court for non-payment of salary. However, the 2016 Insolvency and Bankruptcy Code refer to employees as operational creditors, and they can file an application in the NCLT for the recovery of the due payment.

However, the following are conditions for the IBC application:

The applicant should be an employee of the company, and the minimum amount of due payment should be Rs. 1 Lakh, whereas the maximum unpaid salary should be Rs. 1 crore. NCLT will get 14 days to accept or reject this, whereas the resolution process could have finished within 180 days.

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In recent times, a trademark plays a crucial role in  business, especially for brand recognition and the business's future as  it adds more value to the brand than others. An individual, company,  association, trust, society etc. can opt for it. Here are the guidelines  for the procedures involved in the trademark application process and  trademark administration in India.

Trademarks can be added in everyday language and  symbols which remain in the public domain for use as giving exclusive  rights to frequently used elements would provide others with a  limitation to use. However, a 'trademark' is known as a mark that is  capable of differentiating the goods and services of one person from  others, including the shape, packaging or colour combination of goods as  well under the section 2 (1) (zb) of the Trade Marks Act, 1999 ("the  Act"). Moreover, Brand Names, Business or Company Name and Domain Names  can also be trademarked.

Meanwhile, a certain type of trademarks like arbitrary  or fanciful gives an added advantage as it could distinguish itself  from others.

How to distinguish bad trademark choices:

There are a few things which should be kept in mind  while thinking about trademarks. Under Section 9(1)(b) of the Act  descriptive words which are related to the functionality or description  of goods/services cannot be registered as trademarks - like "SUGAR-FREE"  for a product that doesn't consist of sugar.

Apart from that, names that have geographical names in  it can't be registered as it would be unfair to restrict the usage of  the geographical term. Moreover, short abbreviations like "USB" are  tough to register as they denote different things altogether. Even this  rule applied for the common surnames like Smith, Patel, etc. and also  for those words against the morals and ethics of the Indian community.

However, it is also noteworthy that, phrases, slogans,  logos, and sound marks (like Yahoo Yodel), various combinations of  colours and smell can be legally registered as trademarks.

Making the right decision from the beginning is  essential. Meanwhile, identifying keywords is also necessary as a  trademark may be divided into several keywords based on the search. As  an example, "BURBERRY" can be divided into "BUR" and "BERRY" as a  separate keyword search for each word would help to provide the same or  similar results as well.

Even a google search can give the desired result as  well. However, one should keep the fact in mind that Indian Trademark  law allows the registration of the same marks to that of a registered  trademark if used under a different class of goods or services.

Meanwhile, social media sites like LinkedIn, Facebook,  Twitter, Instagram, and YouTube also help. Therefore, a social media  search can be useful for a strong trademark.

IP Databases which are used for the search:

IP India Public Search – https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Company/LLP name search on MCA website – https://www.mca.gov.in/

WIPO International Database (For searching across multiple global jurisdictions) – https://www.wipo.int/classifications/nivilo/vienna/index.htm

USPTO TESS (For filing Trademarks parallelly in India and USA) – http://tess2.uspto.gov

To File a Trademark, TM-A form is needed alongside  fees to the office of Trade Marks Registry at Mumbai (Head Office) or  its branch offices at Ahmedabad, Chennai, Delhi and Kolkata.

Alongside the TM-A form, the documents are needed: a  soft copy of the logo, an authorization letter, an affidavit with the  trademark, copy of a PAN Card and, MSMED/Udyam Adhaar Certificate as  well, if available.

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