Best Judgement Assessment.

Q. What is meant by the expression ‘Best Judgement Assessment’? Under what circumstances can recourse be had to this method of assessment? Are there any remedy open to the assessee against such assessment? 

Ans. MEANING OF BEST JUDGEMENT ASSESSMENT: In Best Judgement Assessment, assessing officer should really base the assessment on the best of his judgement. The law states he must act honestly not vindictively (बदला लेते हुए). He must make fair estimate of the income for the proper assessment. For that, he must be able to take into consideration the local knowledge and repute in regard of assessee’s circumstances and his own knowledge regarding previous returns and assessments of the assessee and other matters which he thinks will help him in making proper assessment. It is purely a guess work. It is also known as ex-parte assessment. If appeal is file against Best Judgement Assessment, the assessing officer shall have to disclose the basis of a judgement befote appellate authority. 

Best Judgement Assessment can be compulsory or discretionary. 

Compulsory Best Judgement Assessment: Sec. 144 empowers the Assessing Officer to make assessment to the best of his judgement in the following circumstances:

(i) Where assessee has failed to file voluntarily return u/s 139(1) or no return has been made in response of the notice of the Assessing Officer.

(ii) Where there has been failure to comply with the terms of notice issued u/s 142(1) requesting the assessee to produce the books of accounts or he fails to get his accounts audited u/s 142(2A).

(iii) To verify the correctness of the return, assessing officer serve the notice upon the assessee u/s 143(2) asking him to attend the office or to produce the evidences in support of the return but the assessee does not comply with the terms of such notice. 

Consequences of Best Judgement Assessment: There are four consequences of a Best Judgement Assessment: 

(i) The assessee becomes liable to penalties u/s 272A. 

(ii) The assessee becomes liable to prosecution u/s 276CC and 276D.

(iii) A refund may not be granted.

(iv) The assessee is prevented (रोक दिया जाता है) from bringing on record any new facts before the appellate authority if appeal is filed under best judgement assessment. 

Remedies against Best Judgement Assessment: If assessee is in opinion or feels that excess tax has been imposed by the assessing officer then–

(i) He can appeal to the Commissioner (appeal) against the order of assessing officer.

(ii) He can appeal to the Tribunal against the order of Commissioner (appeal).

(iii) He may go to high court.

(iv) He may apply to the Commissioner for revision.

Discretionary Best Judgement Assessment: If assessing officer is in the opinion that the accounts maintained by the assessee are incorrect or no proper system employ for maintaining accounts ot income has not been computed in proper way, he can make the assessment at his own discretion.

Define an Entrepreneur. Explain the characteristics and functions of entrepreneur.

 Q. Define an Entrepreneur. Explain the characteristics and functions of entrepreneur.

Ans. MEANING OF ENTREPRENEUR: The word ‘Entrepreneur’ is derived from the French word ‘entreprendre’ which means to undertake. Thus, entrepreneur is the person who undertakes the risk of new enterprise. 

The meaning of the term entrepreneur varies from person to person and from period to period. To a layman, an entrepreneur is a person who starts his own budiness or industry and organises different factors of production and marketing processes for the purpose of earning profits. It has also different meaning from different area of subject. To an economist, an entrepreneur is a person who combines the different factors of production for enhancing his values and initiates changes. To a psychologists, he is a person who ventures in the dark and deep area of uncertainty and unknown opportunities and explores new possibilities. To a businessman, he is a person who peruses his capabilities aggressively and explores new opportunities amidst changing environment. In many countries, the entrepreneur is often associated with a person who starts his own new and small business. Business may be manufacturing, transport, trade and other self employed vocations in the service sector. 

DEFINITION OF AN ENTREPRENEUR: An entrepreneur is someone who utilises land & labour, invests in capital and resources and aims at producing goods or delivering services. 

1) Richard Cantillon was the first person to use the term entrepreneur to refer to economic activities. He defined an entrepreneur as– “An entrepreneur is the agent who buys factors of production at a certain price in order to combine these into a product with a view to sell it at uncertain prices.” 

2) According to F.H. Knight, “Entrepreneurs are a specialised group of persons who bear risk and deal with uncertainty.” 

CHARACTERISTICS OF AN ENTREPRENEUR: Some common characteristics of the entrepreneur can be commitment, leadership, risk bearing, motivator, confident etc. The important features are as follows:

1) Calculated Risk Taker: Every business situation involves the possibility of profit or loss. An entrepreneur always goes for a calculated risk taker. He accepts the risk as a challenge. He acoids the low risk situation due to absence of challenge but ar the same time he does not involve himself in highly risky situation as he knows the chances of failure. He maintains the balance between two situations and goes for achievable/affordable challenges. He prefers to take realistic risk because he wants to succeed. So, an entrepreneurs are not risk taker rather they are risk eliminators. They work in such a way that obstacles that come in the way of their project can be removed. 

2) Desire for Responsibility: This is a fundamental characteristic of an entrepreneur who feels deep sense of personal responsibility for the results of the project he starts. He prefers to control over the resource, which he uses for achieving self determined goals. 

3) High level of Energy: or Hard working: Entrepreneur is more energetic than the ordinary man. Hard work and long working hours are common feature of an entrepreneur. They are inspired by inner urge and by the motivational stories of great achievers. The young intelligent and creative entrepreneur like to work 12 hours or more a day just to avoid having to work 8 hours a day for some one else. 

4) Innovator: An innovative entrepreneur sees the opportunity for introducing a new technique or a new product or a new market. He explores new market and organises the enterprise. He exploits the invention commercially and thus produces new and better goods which give him profit and satisfaction. 

5) Creative: Creativity is a special ability to find new ideas implementing such changes in an acceptable way. Further successful innovation depends upon the creativity. It is one of the most important requirements of an entrepreneur to be creative. 

6) Commitment and Determination: Entrepreneurs generally have high level of energy due to which they are committed to the successful execution of their plan. They are devoted to their business with a deep sense of determination for success. Both commitment and determination is generally seen in their action. 

7) Future orientation (Vision): Entrepreneur looks beyond the present and concerns himself with considering what can be done in the future rather than brooding on what was done in the past. They do not like to sit back. They stay focused on the future. They work with a vision for growth, committed to constructive change. 

8) Self confidence and Optimistic: Entrepreneurs direct their abilities towards the accomplishment of goals with ups and down in the strength. They have to face many ups and down in the business. But they believe in themselves and handle the situation confidently. They work with a positive approach and optimistic attitude. Entrepreneurs not only maintain their confidence and optimism, but they also raise the level of their team members also. 

9) Organiser: An entrepreneur knows now to bring together the right people for accomplishing a task. He effectively and efficiently combines jobs and people and transforms his vision-into reality.

10) Integrity and Reliability: Entrepreneurs do not like to be controlled by others. They prefer to work independently specially for themselves. They like to take initiative for solving the problem. They always own the responsibility for the outcome of the project with which they are associated.

11) Socially Responsible: Entrepreneur remains fully aware abut his responsibility towards society. He understands that fact the society also expects from him. He tries to do so by creating employment opportunities, by creating new product, innovative products, quality products, fair price and quality assurance etc. He does things in an effective and efficient way. Proper Utilisation of resources made by him, i.e. also considered as a contribution to society. So, the old concept of making profit for only himself is no more followed or accepted these days.

12) Flexibility: Entrepreneur keeps himself updated regarding changes in the environment. He is capable of adapting himself to the varying demands of business and customers. He clearly understands that rigidity (inability to change) may lead to failure in today fast changing global economy.

13) Technically Competent: Technological change is the prime mover in the process of economic growth. Inventions and innovation have led the process of development in the world. The success of an enterprise largely depends upon the adoption of the present prevailing technology. Entrepreneurs are technically competent these days. They generally have a reasonable level of technical knowledge. They keep themselves updated in the changing pattern of production, suited to their requirement. 

14) Communication Ability: Communication plays an important role in the success of an enterprises. Entrepreneurs these days possess the quality of good communication. They are well equipped with the importance of communication and the use of latest technology in the process of communication.

15) Tolerance for Ambiguity: Entrepreneur tend to have a high tolerance for ambiguity, especially in the face of uncertainty and unknown outcomes. They handle the uncertainty with their will and skill by making bold decisions. They face the adversity bodly and bravely.

FUNCTIONS OF AN ENTREPRENEUR: Entrepreneur is a person who performs many useful functions. He undertakes a venture, assumes risks and earns profits. Some of his most important functions are as under: 

1) Assumption of Risk: Risk taking or uncertainty bearing implies assuming the responsibility for loss that may arise due to unforeseen contingencies of the future. A business risk also involves the risk due to possibility of change in the taste of consumers, technique of production, new invention etc. The entrepreneur has to bear these high degree of risks. He assumes all possible risks of the business. Thus, risk assumption and risk bearing is the most important function of an entrepreneur. He tries to reduce risk with his initiatives, knowledge and skills and good decisions. 

2) Business Decision: Entrepreneur has been stated as a decision maker also. He has to decide the nature and type of goods to be produced or services to be rendered in the society. He decides the specific industry into which he will work and get a reasonable return. He has to decide the best possible method of production. He makes suitable changes in the size of business, its location, technique of production and does everything that is needed for the maintenance and development of the business.

3) Managerial Functions: Entrepreneur has to perform a lot of managerial functions in his enterprise. There are different types of managerial functions that an entrepreneur has to perform and these are based on the size and activities of the enterprises. These functions include formulation of production plan, arrangement of finance, purchase of raw material. procurement of production facilities, organisation of sales, personnel management and so on. Further administrative functions of recruitment, selection, etc. This is considered to be very tough job. However, in a large establishment, these managerial functions can be delegated to the paid subordinates.

4. Functions of Innovation: According to Schumpeter, an entrepreneur is basically an innovator who introduces new combinations of means of production. It is the entrepreneur who conceives the idea for the improvement in the quality of product line. He considers the economic viability and technological feasibility of the total project. It is this function of the entrepreneur which injects the elements of dynamism into the economic system.

Thus, Generally, an entrepreneur performs many useful functions for the development of the society and it satisfies the needs of the various stakeholders in the enterprises.

Define an Entrepreneur. Explain the characteristics and functions of entrepreneur.

Personal Selling: Meaning, Advantages and Limitations

 Q. What is Personal Selling? Explain its advantages and limitations.

A. Meaning of Personal Selling: Personal selling is one of the elements of promotion mix of marketing along with advertising, sales promotion and publicity. In personal selling, direct contact is made between salesman and customer. It is a face to face communication. Personal selling is a process involving face to face interaction between prospective buyer and salesman, where the purpose is to persuade the buyer to purchase the product. Personal-selling makes use of direct personal communication to influence target customers. Personal selling is more flexible than other tools of promotion mix, because salesmen can adjust their message according to the response of prospective customers.

Advantages of Personal Selling: The main advantages of personal selling are as follows: 

(1) Immediate Feedback: Unlike advertising, personal selling is a two-way communication that takes place between buyer and salesman. So, salesman can get immediate feedback from the prospective buyer. 

(2) Flexible: Personal selling is flexible as sales presentation can be adjusted as per the need, reaction, availability of time and response of prospective buyer.

(3) Demonstration: Personal selling is the only component of promotion mix where physical demonstration of product is possible. Salesman demonstrate the product and explain the method of using the product. 

(4) Most suitable for Technical and Industrial Products: Technical and industrial products are marketed through personal selling as their number of customers is small, the producer are costly, requiring personal convincing, products are technical, requiring detailed explanation of technicalities of the product. So, in case of technical and industrial products, personal selling is more suitable than advertising.

(5) Minimum Wastage of Selling Efforts: In personal selling, selling efforts can be directed towards target customers, whereas in case of advertisement, message is directed to the mass audience, which may include persons who have no interest in the advertised product.

(6) Clarification of Doubts, Queries and Objections: While making sales call, the prospective customer can raise his doubts, queries and objections. The salesmen can solve his doubts, which is not possible in case of other components of communication mix. 

(7) Performs Entire Selling Job: Personal selling performs all the activities of selling process like informing about the product, persuading the buyer to buy the product, actual selling of product, whereas in advertising, actual selling cannot be done. For example, companies like Amway, Tupperware are selling their products through personal selling.

(8) More Customer Satisfaction: In personal selling, there is face-to-face communication between salesmen and customer. Customer gets his doubts cleared, he also learns about the method of using the product from salesman, hence customer feels more confident in his purchase decision. All this promotes level of customer satisfaction.

(9) Very Suitable for Marketing of Services: Services like banking, insurance can better be marketed through personal selling, because through personal persuasion, the buyer is made to realise the need of services.

(10) Creation of Demand: Pioneering salesmen are helpful in creating new uses of the product, searching new customers, thus creating demand and promoting sales of the organisation. These salesmen create desire in the mind of prospective customer and convert this desire into demand.

(11) Promotes New Products: With the fast changes in technology, various new products are entering into the market. Personal selling is very useful in marketing of such new products. Personal salesmen carry these products and convince the prospects regarding the uses of these new products. It helps the organisation to promote the new products. 

(12) Increases Knowledge of Customers: While making sales calls salesmen display the product, convey its uses, method of handling the product and clarify the doubts, queries of the prospects. Salesmen also provide knowledge about the product viz., how this product can be installed, from where it can be purchased, repaired, etc. All this increases the knowledge of customers.

(13) Collects Market Information: Salesmen are in direct contact with the prospective buyers in the actual market situation. Salesmen collect first hand information about the liking, disliking, desires, doubts, objections, queries, suggestions of customers and send all this information to the top management. This information is very useful in future decision making and sales planning.

(14) Increases Employment: Personal selling provides employment to various persons who are working as salesmen.

(15) Helpful in Facing Competition: Personal selling helps the organisation in facing competition. In case of high competition, personal selling is very useful tool of promotion mix.

(16) Helpful in Relationship Marketing: Through personal selling, organisations can develop and maintain long term relationship with customers. Personalised customer services are provided which improve relations with customers. It, in turn, helps to procure repurchase orders.

Limitations of Personal Selling: Despite its benefits, personal selling has some limitations which are as follows:

(1) Very Costly: For personal selling, business unit will have to appoint a large sales force. If number of customers is large and customers are scattered, then personal selling proves very costly as travelling expenses of sales force will be more.

(2) Turnover of Sales Force: Business unit has to spend large amount on recruitment, selection and training of sales force. But when salesmen leave the job, it is a loss to the business unit. Salesmen turnover also badly affects the image of business unit.

(3) Not Much Useful for Convenience Consumer Goods: Personal selling is not much useful for selling convenience consumer goods like toothpaste, soap, pens, etc as here profit margin is low and it cannot justify the cost of sales call.

(4) Inefficient Sales Force: If sales force is inefficient, untrained, short-tempered, inexperienced, then personal selling will not be effective.

(5) Time Consuming: It takes lot of time to contact prospective customers. If immediate results are required, personal selling is not suitable.

(6) Busyness of Customers: Now-a-days, everyone has very busy life. The target customers often avoid salesman. When a salesman comes to make sales call, people don't even allow him to enter the house on one pretext or the other.

(7) Wrong Tactics Adopted by Some Salesmen: Some salesmen cheat the buyers by stating wrong facts about the product. This affects the profession of salesmanship badly as salesmen lose trust-worthiness.

What is Personal Selling? Explain its advantages and limitations.

“A company is an artificial person created by law having a separate entity with a perpetual succession and a common seal.” Explain this statement and discuss the basic features of the company.

 Q. “A company is an artificial person created by law having a separate entity with a perpetual succession and a common seal.”  Explain this statement and discuss the basic features of the company.

Ans. A company is an artificial person created by law. It has not any hand, leg, heart or physical body. Its existence comes when a company is formed and registered under company law. After coming in existence, it can do all business work like a human businessman. It can open its bank account. Company can buy or sell any asset on its own name. Company gets loan on its own name. It can sell own shares in the market. 

There will not any effect on the company whether any shareholder will come or go. Company will live if any shareholder sells his all shares. Other person who will buy the shares will become the new owner of the company. Company will not have any personal relation with shareholder. Every shareholder’s liability upto his bought shares.

It has also its own a common seal. This seal will use in all the agreements which will done on the name of company. Company cannot sign, so it is very necessary for making common seal which company can use as showing his identity on every agreement. All the documents will only legal if authorised person’s sign will be on the document and company’s seal will be on the same document.

FEATURES OF COMPANY: The main features of a company are as follows: 

(1) Incorporated Association: A company is established by law, and can exist till such time as it is recognised by law. Under companies Act, it is necessary for a company that is formed to be registered i.e., it needs to be incorporated.

(2) Artificial Person: Another important characteristic of a company is that it is an artificial person created by law. It is called an ‘artificial person’because its birth is not a natural birth. It is invisible, intangible and immortal artificial person that has an identity only in the eyes of law. It has no body, no soul and suffers no pain and enjoys no pleasure. Being an artificial person, it cannot take an oath, be imprisoned or personally appear in a court of law. It cannot get married or become a professional like a doctor or a lawyer. But it cannot be treated as a 'fictional person' or a 'fictitious entity' because it really does exist. Like a natural person, a company can buy and sell properties, make agreements or enter into contracts and employ people on its payroll. It can also be penalised if it does not abide by law. In other words, it can be said that a company, though lifeless, enjoys the privileges of a living person.

(3) Separate Legal Entity: The most important characteristic of a company is that it is a separate legal entity. As per-law, the company acquires a separate legal entity after it is incorporated which is distinct from the entity of its members. As a result, a company can enter into a contract with any of its members, buy property in its name, borrow or lend money, open a bank account or file a suit in a court of law against a third party. Likewise, others can also file a suit against the company. In other words, a company can do all such acts which a natural person would do in the course of his business. The case of Solomon Vs. Solomon & Co. is an illustration.

(4) Perpetual Succession: Perpetual succession is another important characteristic of a company. Its existence is not dependent on that of its shareholders or directors. The shareholders or the directors might change, but the company goes on. Death, insolvency or lunacy of its members has no effect whatsoever on the existence of the company. Members may come and members may go, but the company goes on forever. 

(5) Common Seal: A company is an artificial person and, as such, it cannot put its signature on documents. That is why it is mandatory under law that every company must have a common seal with its name engraved upon it. The common seal is the symbol of the company’s identity and is as good as a signature. When it puts its seal on a document, the company becomes bound by the contents of the document.

(6) Limited Liability: The liability of the shareholders of the company is limited. In case of financial loss to the company, howsoever heavy, the liability of the shareholders is limited to the amount unpaid on their shares, and their personal property cannot be used to pay the company debts.

(7) Number of members: The minimum number of members in a public company is seven and the maximum can be as much as the shares issued by the company. In other words, the maximum number of members in a public company is indefinite and is not specified. In a private company, the minimum number of members is two, and the maximum is two hundred, excluding members who are or were employees of the company.

(8) Representative Management: A company is deemed to be an artificial and imaginary person and, as such, it cannot manage its own affairs. A company, is administered and managed by representatives appointed by the shareholders. The shareholders are too many in number and scattered far and wide– which makes it impossible for the company affairs to be controlled by them. Besides, the objective of the shareholders is to make a profit– not to run the company’s business.

(9) Limitation of Action: A company is incorporated for the realisation of a specific objective or objectives. The objectives of the company are described in its prospectus and define the limitation of the companies activities. No company can cross this 'limitation of action' and engage itself in an activity which is not listed in its prospectus. If a company does that, its actions are not recognised by law and are deemed to be beyond the sphere of its authority. A company cannot, of its own will, start a new business or change its field of activity and do something which does not conform to its objectives.

(10) Transferability of Shares: The capital of a company is made up of shares of a definite value, and is contributed by its shareholders. According to Section 44 of the Companies Act, 2013, each shareholder can freely transfer his or her shares. But in some specific situations, the company may impose restrictions on the transfer of shares.

(11) Termination of Existence: Like it is born by an act of law, a company may also be terminated by law.

(12) Company is not a Citizen: A company is, without doubt, a legal ‘person’ or entity, but under Article 19 of the Indian Constitution, it is not a citizen. It has no 'fundamental rights like a citizen has. As such, a company cannot take the recourse of law to press for its fundamental rights like a citizen can. For example, a company does not have the right to franchise.

“A company is an artificial person created by law having a separate entity with a perpetual succession and a common seal.” Explain this statement and discuss the basic features of the company.