Delay in the deposit of Employer Provident Fund during Lock-down will not levy any penalty

Delay in the deposit of Employer Provident Fund during Lockdown will not levy any penalty

www.carajput.com; EPFO

www.carajput.com; EPFO

Relief to enterprises and industries protected by the EPF and MP Laws, 1952 from the award of punitive fines for failure in the payment of payments after Lockout in order to avoid COVID-19.

On Friday, the Employees’ Provident Fund Organization (EPFO) voted not to penalize employers for default in the deposit of the Provident Fund (PF) payments during the lockdown. It also clarified that companies would benefit from a lower contribution regime for EPF, as announced by FM.

In view of the protracted lockdown announced by the Government to control the spread of the COVID-19 pandemic and other disruptions caused by the Pandemic situation, the establishments covered by the EPF & MP Act, 1952, are in distress and are not in a position to operate normally. If an agency has filed its returns, known as the ECR, the EPF contributions to workers must always be sent in one go. Not doing so is drawing a punishment

The Hon’ble Apex Court of India in McLeod Russel India Limited Vs. RPFC (2014)15 SCC 263 has underscored the specific outlines and basic elements of section 14B of the Act and held the mens rea or guilty state of mind of the employer. Is a sine quannon for inducing claims under section 14B. In other words, the provisions of section 14B would only be drawn if there is positive signs of men’s rea on the part of the employer when defaulting on timely remittances. This legal status was later reaffirmed by the Assistant Provident Fund Commissioner vs. the Management of RSL Textiles. CA 96-97 of 2017)

In view of the difficulties faced by establishments in depositing contributions in good time during the lock-up period due to operational and economic reasons, it is clear that such delays are without men’s reassertion of the employer. Thus, the delay in the deposit of contributions during the lock-down period announced under the Disaster Management Act of 2005 can not be attributed to any guilty state of mind of the employer and will therefore not be subject to the provisions of section 14B of the EPF Act.

Therefore, for any omission in the payment of any contributions or administrative charges due during one of those times of the lock-up. Of these cases, no proceeding for the recovery of compensatory damages will be initiated.

Post by Rajput Jain & Associates

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

Key points to the new formation of a company in India in ‘SPICE+’

New company Regulations Under Form SPICe Plus for the company incorporation in India

www.carajput.com; SPIC

www.carajput.com; SPIC

SPICe+ Simplification Company Formation process in India

Spice+ is a modern web-based form instead of the Spice form. MCA also introduced a new web-based form spice+ and extra authentication along with the form to make the company’s incorporation process simpler. The business will also apply for EPFO / ESI, GST numbers as well as this single window form. It is compulsory for all businesses in compliance with the Guidelines of the Ministry of Corporate Affairs on the issue of PAN, TAN, EPFO, ESIC, Qualified Tax (Maharashtra) and the opening of the bank account.

 Key Points to be recognized with respect to the company’s formation in India i.e ‘SPICE+’

  1. Both forms (Incorporation, AOA, MOA, AGILE-PRO) have to be filled out in a web-based facility and then copied, digitally signed and posted as before.
  2. “Check Form,” “Pre-Scrutiny” to be performed on a web-based database, so no modifications can be made to the downloaded files.
  3. “INC-9” (declaration by first subscriber) must always be submitted by a web-based facility only.
  4. “AGILE-PRO” is to be digitally signed only by a person who has signed the “Spice+” form and no other director will sign the same form.
  5. If you continue to apply for “Name Reservation” first, you should opt for 2 Proposed Names otherwise you might also proceed to the “Name with Incorporation” facility and then you can only propose One Name
  6. The GSTIN status applied through AGILE-PRO can be checked at the GST Portal from the MCA Forms SRN.
  7. Companies that enroll ESI and PF inside the SPICE+ package do not require compliance with the ESI and PF laws until the deadline for application is set.

Available features of “SPICe Plus Form” at MCA

Recently, the government has published the full significant features of the SPICe Plus form (SPICe+) in order to make clear the value of the form as well as the campaign for good visibility. SPICe Plus form (MCA Form SPICe+) is said to devote 10 services across 3 central government ministries and departments (Ministry of Labor & Department of Revenue in the Ministry of Finance, Ministry of Corporate Affairs). The new SPICe form is said to save precious time and procedure for the management of the individuals concerned and has been introduced with all existing companies since 23 February.

Emergence to the web-based SPICe + MCA Filing Form

SPICe+ Online form is a post-login system and current registered users will need to sign in to their account using their credentials. New users must first build a login account before using the service.

Apart from being an improved variant of the current SPICe, the form is capable of fulfilling multiple requirements such as name reservation, inclusion, DIN distribution, compulsory issue of PAN, TAN, EPFO, ESIC, qualified tax (Maharashtra) and bank account opening. You can also buy the GSTIN through the SPICe+ form.

Now the Reserve Special Name of RUN is only significant if the corporation wishes to replace its existing name with a new one.

MCA SPICe INC 32 V / S SPICe Plus

SPICe INC 32 – Single Code Helps:

  • Name reservation

  • Incorporation of a new company
  • Applying for Director Identity Number (DIN) designation

Form SPICe+ (SPICe Plus) – A Single Application Helps in:

  1. Name reservation
  2. Incorporation of a new company
  3. Applying for DIN allotment]
  4. Profession Tax (Maharashtra)
  5. Bank Account Opening
  6. TAN
  7. EPFO
  8. ESIC
  9. GSTIN

Features of SPICe+ make Simplification New Company Formation process in India

  • SPICe+ would be an integrated Web Form.
  • SPICe+ would have two parts viz.: Part A-for Name reservation for new companies and Part B offering a bouquet of services viz.
    (i) Incorporation
    (ii) DIN allotment
    (iii) Mandatory issue of PAN
    (iv) Mandatory issue of TAN
    (v) Mandatory issue of EPFO registration
    (vi) Mandatory issue of ESIC registration
    (vii) Mandatory issue of Profession Tax registration(Maharashtra)
    (viii) Mandatory Opening of Bank Account for the Company and
    (ix) Allotment of GSTIN (if so applied for).
  • Readers may choose whether to submit Part-A for reserve of a name first and then submit Part B for incorporation & other services or file Parts A and B together in one go for the incorporation of a new company and the use of a range of services as defined above.
  • A modern and user-friendly front-office interface for client integration applications (SPICe+ and related forms as applicable) is being developed.
  • Applications for incorporation (Part B) after name reservation (Part A) can be submitted as a streamlined phase in the continuation of Section A of SPICe+. Stakeholders will not be required to enter the approved name SRN as the approved name will be prominently displayed on the Dashboard and a click on it will take the user to continue the application via a hyperlink that will be available on the SRN / application number in the new dashboard.
  • Resubmission of applications for business name reservation and/or registration shall now be done by means of the form number / Name applied for on the new dashboard.
  • From 15 February 2020 onwards, the RUN service will only refer to the ‘change of name’ of an established company. 8. The new web form will allow on-screen file and validation of real-time data for the transparent incorporation of corporations.
  • The approved name and related incorporation information as set out in Part A will be immediately pre-filled in all linked forms, including AGILE-PRO, eMoA, eAoA, URC1, INC-9 (as applicable)
  • In order to ensure ease of processing, SPICe+ will be divided into various parts.
  • Information once entered can be saved and modified.
  • All Check Form and Pre-Scrutiny Validations (except DSC Validation) must take place on the web page itself.
  • After the SPICe+ has been filled in with all the necessary information, the same will have to be translated to a PDF file, with only a click of the mouse button, to show the DSCs.
  • All digitally signed documents will then be submitted along with the related forms as part of the current procedure.
  • Changes/modifications to SPICe+ (even after creating pdf and affixing DSCs) can also be rendered by modifying the same web form code that has been saved, producing and uploading modified PDFs to DSCs.
  • DSC authentication and other validations must take place at Upload Stage.
  • Enrollment for EPFO and ESIC shall be compulsory for all new companies established as of 15 February 2020 and no EPFO & ESIC registry numbers shall be issued separately by the respective agencies.
  • register for professional tax is also compulsory for all startup companies incorporated in the State of Maharashtra as of 15 February 2020.
  • All startups incorporated through SPICe+ (we.e.f. 15 February 2020) would also be required to obey for the establishment of the bank account of the company through the secure website linked to AGILE-PRO.
  • The declaration of all subscribers and first directors in INC-9 shall be self-generated in PDF format and shall only be submitted in electronic form in all cases, except where:
    • The overall number of subscribers and/or directors is more than 20 and/or more than 20.
    • Any such subscriber and/or director shall have neither DIN nor PAN.

Note: New companies formed by SPICe+ and thus acquired EPFO / ESI number would only have to file legal returns if they exceed the thresholds set by the applicable Laws.

Thus, we can state that New company Laws regulation under the SPICe Plus form easy for the company to be registered in India. 8. Concluding The EODB steps taken by the Government over the last few years have substantially accelerated the process of business incorporation. Their aim of a smooth and simple process is gradually becoming a reality. That, in the past, was a tiring process requiring months of work and labor. However, by making the best possible use of technology, a company can now be incorporated in a couple of days, making millions of dreams a true in an hour’s time.

Benefits of Private Limited Company Registration- BENEFITS 

Limited liability of shareholders

Management and Ownership Separation

Quick Fund Rising

The separate existence of legislation

BEST BUSINESS STARTUP CONSULTANCY SERVICES AT ONE CLICK  : 

We Help All kinds of corporate companies or become their implementation partner so because they get to stay focused at their key areas and are not needed to concern about their compliance requirements.

We have the following services for the start-up:-

  • • Incorporation of the Company/LPL/OPC/Partnership etc.
  • • Establishment of a corporate organization such as a partnership, sole owner, etc.
  • • Registration under the Export-Import Code
  • • Receiving the export-import code
  • • Registration of trademarks
  • • ISO Certification
  • • Registration of MSME
  • • Registrations for ESI and PF

Also, read the relevant blog mentioned below:

On Rajput Jain & Associates :

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

Everything about MCA Company Fresh Start Scheme (CFSS) 2020

www.carajput.com;MCA Company fresh start scheme,2020

Everything about MCA Company Fresh Start Scheme (CFSS) 2020

www.carajput.com;MCA Company fresh start scheme,2020

www.carajput.com; MCA Company fresh start scheme,2020

The Ministry of Corporate Affairs released Company Fresh Start Scheme 2020 full Circular 12/2020 dated.. 30.3.2020 which applies to both public and private corporations incorporated under the Companies Act 1956/2013.

The key provisions are as follows:-(1) Permits to register all outstanding refunds, accounts, records over any amount of years.

(2) It shall come into force on 1.4.2020 and shall remain in effect until 30 September 2020.

(3) It shall extend to all public or private entities who have not submitted any financial statements or records, including tax reports, for any amount of years as of the date of filing.

(4) Only the usual payments as they prevail on the date of filing shall be payable.

(5)No late charge, no fine, no investigation instead of regular fees owed.

(6) Prosecution where any outstanding is disposed of after payment

(7) The scheme shall not apply to those companies against which the final notice under section 248 has been given to ROC for cancelation or which have applied for cancelation or have been declared dormant; vanishing or dormant company or companies under CIRP.

(8) Companies who have canceled their names can not benefit from this scheme and must have their names restored;

(9) Companies that make use of this scheme for the purpose of becoming inactive under Section 455 and also (ii) deleting their names

(10) After payment of the usual fees and the return of documents has been registered, an application shall be lodged electronically (without any fees) for the purposes of this scheme.

(11)Scheme grants immunity from filing forms and returns of records, but not from any disciplinary action by the organization for which ROC may be necessary.

It is a prime opportunity to register any remaining annual reports, plus any overdue annual returns, for any amount of years.

Last 9 Days to Avail CFSS Scheme – Save ROC Huge Penalty via Availing the Scheme

Revive Your Struck-Off Company/Restoration of DIN 

If our company has been struck off due to noncompliance to meet the Companies Act, norms & you want to restart your company without paying heavy penalties to the MCA then this is an update for you.

Take Advantage of CFSS, 2020 for Revival of Company

The Companies Fresh Start Scheme, 2020 or CFSS is brought by the Ministry of Corporate Affairs (MCA). The scheme is valid only till 30 September 2020 and offers companies struck off from RoC a one time opportunity of applying for condonation of their failure to comply with the Compliance norms (delay of filling the required different documents, returns, forms, etc. with the ROC). Let’s understand the advantage offered required under this scheme,

Benefits to Avail in Companies Fresh Start Scheme

  • The revival of any struck-off company with a complete fee waiver in compliance post Revival up to 30th September’2020
  • An immunity period of 6 months (with Immunity Certificate) for the company from the date of closure of CFSS, 2020 i.e., 30 September 2020.
  • The aforesaid companies will only have to pay the usual normal fees specified by Company Rules, 2014 to file for the MCA-21 registry.

How you Can help Yourself to Make the Most of This Opportunity?

So, if your company is struck off and you want to complete your compliance without paying heavy penalties, then wait no more as only one month is remaining before the CFSS scheme ends.

  • Don’t let this chance slip!
  • Make the most of this scheme, Enquire‘Today’ to know more about CFSS, 2020.
  • Non-Compliant Companies are heavily penalized by the Ministry of Corporate Affairs. Directors have advised a cautious approach towards running the company or it may lead to prosecution as well as monetary punishment.

New Update of the Company’s Annual Filing Date and time

Defaulting companies that have failed to file ROC returns can now use CFSS 2020 and start afresh. Protection from all penalties and late charges is assured. Once a life – time of chance granted by the MCA. Rush to execute your pending ROC annual filing presently. The deadline for the implementation of the CFSS 2020 scheme is 31 December 2020. The ROC annual filing forms, such as DIR 3 KYC, AOC 4. MGT 7, ADT 1, PAS 6, LLP form 8, LLP form 11, MGT 14 etc. has been extended CFSS 2020 & LLP Settlement Scheme to 31.03.2021

Also, refer to the relevant links;

Post by Rajput Jain & Associates

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

Further Issue Of Share Capital On Under Right Issue Basis Section 62 of the companies act 2013

Comprehensive Understanding Regarding the current Further Issue Of Share Capital On Under Right Issue Basis Section 62 of the companies act 2013

www.carajput.com; Reliance industry

www.carajput.com; Reliance industry

Shareholders who, at any time, plan to increase their subscribed share capital increase their share capital by selling shares to their current shareholders who, at the date of the bid, are the holders of the share capital of the company. In basic words, the right issue is an offer to the existing shareholders to buy the equity of the company in proportion to the current stock. It is the best way to encourage capital in a business. It is up to the owners whether or not they support it.

Unless the terms of the Article of the Company do not provide otherwise, the current owner still has the right to revoke this privilege for the benefit of some other individual. The firm sends the Letter of Offer to the owners of the company stating the number of shares offered and the time period during which the bid is to be approved. The time period recommended will not be less than 15 days, but not more than 30 days. In the case that no notice has been obtained from the shareholder side within the specified time period, the bid is considered to have been rejected.

The existing shareholder of the company to purchase additional shares at discounted prices in proportion to their existing holdings. A shareholder entitled to receive the share on the basis of the offer rate prescribed in the letter of offer. For eg, the bid ratio is 1:2 which means that the shareholder owning two shares is able to receive one share if he only has 3 shares and is entitled to receive 1 share. If he has 4 shares, he is entitled to 2 shares. Through this offer, corporations give shareholders the right, but not the duty, to buy new securities at a discount on the existing stock price.

In the case of non-acceptance of such a bid, the Board of Directors shall have the right to dispose of it in a manner that is not adverse to the owners and the company.

If, at any point, a company with a share capital intends to raise its registered capital through the issuing of additional shares; those shares shall be offered—

ON RIGHT BASIS: to existing shareholders in proportion to the company’s paid-up equity capital owned by them by means of a letter of offer.

PROCEDURE FOR ALLOTMENT OF SHARES On RIGHT ISSUE BASIS:

  • Note in writing to each Director at least seven days prior to the meeting of the Board of Directors. [Sec 173(3)] Pass the vote of the Board to accept the “Statement of Bid” The letter of bid also contains the right of renunciation.
  • Dispatch of the Letter of Offer to all current shareholders by registered post or speed post or by online means at least three days before the opening of the issue.
  • Convene a decision of the Board of Directors of the Pass Board to approve allocation and issue of shares.
  • Receive approval, renunciation, denial of rights of shareholders
  • Meeting of the Directors and Notification of Meeting of the Board of Directors given at least seven days prior to the meeting of the Board of Directors (Section 179(3)).
  • The meeting of the Board of Directors will be held in compliance with SS-1 to accept the Board of Directors’ Decision on the adoption of the “Letter of Bid.”
  • Letter of offer will be submitted to existing shareholders by registered post or by fast post or by online means, with proof of delivery to all current shareholders at least three days before the opening of the issue.
  • For the case of the “Public Business” file MGT-1 within 30 days from the date of the vote of the Council.
  • Register the return of allotment with Registrar in E-Form PAS-3 within 30 days of allotment of shares.
  • Register the return of allotment with Registrar in E-Form PAS-3 within 30 days of allotment of shares.
  • File E-form MGT 14 within 30 days of issuance of securities.
  • Addition to the E-Form PAS-3 I Board resolution on distribution and question of interest. (ii) Letter of Offer (iii) List of Allottes
  • List of Allottes attached to E-Form PAS-3 shall state the names, address, profession, if any, of the owner and the number of shares assigned to each of the allottes, and the list shall be certified as complete and accurate by the signatory of Form PAS-3 in accordance with the company’s records.
  • Issue of the share certificate over a span of two months from the date of issuance in the form-SH-1. Stamp duty paid within 30 days of the date of issue. Reasonable
  • In the case of a listed firm – Unless otherwise mentioned, SEBI (ICDR) Regulation 2009 shall apply where the aggregate value of the stated offer is fifty lakh roupies or more. Provided that provision of this Regulation does not apply to securities issued pursuant to Regulation 9(1) of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.

The complete concept of Right Issue of shares company under the companies act, 2013

FEMA provisions allow Indian companies to issue, if any, the right shares to existing non-resident shareholders, subject to the sectoral cap. Furthermore, this concern will also be concerned with in accordance with the other statute. (a) In the case of shares of a company listed on a recognized stock exchange in India, at a price as decided by the company; (b) In the case of shares of a company not listed on a recognized stock exchange in India, at a price not less than the price at which the right-based bid is made to a resident shareholder.

It is appropriate to receive prior permission from RBI for Right Issue to former OCBs. An investor may allocate an additional right share out of the unsubscribed portion, subject to the condition that the total issue of the shares to non-residents in the company’s total paid-up capital does not exceed the sectoral cap.

RECENT RIGHT ISSUE Reliance Industries (RIL) which is India’s most popular corporation proposes to collect Rs 53,125 crore by giving Rs.1,257 a share discount of 14 percent. Existing RIL shareholders may buy One share for every 15 shares owned The target to raise this issue is to decrease the net debt to zero by 31 March 2021.

Also, read recommend blogs;

Post by Rajput Jain & Associates

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

Overview on ROC Annual Fillings Under the XBRL

ROC Annual e-Fillings Under the XBRL MCA

XBRL (eXtensible Business Reporting Language) is a data-rich dialect of XML (Extensible Markup Language), the universally preferred language for the transmission of information over the Internet. It was explicitly designed to communicate information between businesses and other users of financial information, such as analysts, investors, and regulators. eXtensible Business Reporting Language is a standardized communication language in the electronic form to express, report/file financial statements by a Co.  XBRL is a widely accepted, electronic format for corporate reporting. It does not change what has been reported. This only changes the way it is confirmed.

MCA (Ministry of Corporate Affairs) is the regulatory authority for company law and related matters in India. All companies registered with MCA are required to submit their financial statements to MCA.

When the Statutory requirements for Application of XBRL Submission with ROC/ MCA:

The Below class of corporations shall File their respective financial statements & other papers as per section 137 of the Companies Act 2013 to the Registrar in electronic form AOC-4 XBRL:

  • All public companies listed on the Indian stock exchange and their Indian subsidiaries.
  • All companies with a turnover of INR 100 CR or more
  • All companies with paid-up capital of INR 5 CR or more

(other than banking companies, insurance companies, power companies and NBFCs), Visual Representation below for better understanding.

Document required to Filing of Financial Statements in XBRL mode:

The XBRL instance document must be organised as per the MCA Taxonomy (I-GAAP/IND-AS). As per MCA Taxonomy, the comprehensive list of annual reports must be filed in XBRL format. For consolidated and stand-alone reports, separate instance documents are to be prepared. The main aspects of the annual report are listed below:

  • BS
  • P& L
  • Details Schedules and Notes to BS & P & L Statement
  • Main Significant Accounting Policies
  • Cash Flow Statement
  • Schedule of Statement of Change in Equity
  • Board Report & Director with annexures thereto
  • Statutory Audit Report

in addition to above, there are various other details/documents which are required for XBRL filing. You can contact us for a checklist for XBRL filing.

Financial statements have been prepared in the XBRL system for submitting with the Registrar:

The process of developing and submitting financial statements in XBRL mode is as follows:

Step 1: Creation of an instance document for XBRL

Step 2: Download the XBRL validation tool on the MCA portal.

Step 3: Use this tool to validate an instance report

Step 4: Execute a pre-scrutiny of a validated instance document using a tool.

Step 5: Attach the instance document to the AOC-4 XBRL form

Step 6: Submission Form AOC-4 XBRL to the MCA portal

When your requirement for XBRL filing?

As per the Companies Act 2013, the below regulation is applicable for XBRL filing the financial statements with the MCA/ ROC Registrar:

The situation in the case of Company XBRL Filing of financial statement MCA/ ROC-Registrar:
Financial statement adopted at the AGM along with the consolidated financial statements & documents which are attached to the financial statements Within Thirty days of the AGM along with fees/additional fees as given in regulation
In case of an adjourned meeting Within Thirty Days of the adjourned annual general meeting along with fees/additional fees as given in regulation
If financial statements are unadopted Within Thirty days of the AGM.
If an annual general meeting is not held Within thirty days from the date when the annual general meeting should have been held along with fees/additional fees as given in the regulation.

In case event of a delay in filing a financial statement with MCA, the below additional fees shall apply:

Delay Time period Applicable Additional fee
Delay Time period beyond the period provided U/s 137(1) of the Company Act 2013 – Due dates to file AOC-4 (within 30n days of the date of AGM) INR 100 perday

Non-filing form AOC-4 – Penalty:

Defaulting in the case Applicable Penalty
Company INR 1k for every day of default subject to maximum of INR 10,00,000/-
CFO/MD or In case of the absence of the MD/CFO – Any other Director who the Board assigns the responsibility or In case of the absence of any such Director – All directors of the company INR 1,00,000/- + INR 100 per day for continuing default subject to maximum of INR 5,00,000/-

Updated MCA XBRL Validation Tool version and business rules CSR reporting Business Rules related to the XBRL C&I taxonomy 2016 have been revised. Stakeholders are advised to make a note of the changes and use new version of MCA XBRL Validation Tool V3.0.6 while filing AOC-4 XBRL.

About the Professionals/experts in XBRL:

XBRL Professionals will give you lots a simple and secure way of preparing and file financial statements with MCA. Our technology and quality assurance system ensure that your output is 100% accurate every time. We can help you to meet your XBRL conversion needs in a timely and cost-effective way with Assured Validity. You can reach us at info@carajput.com.

About Us 

Ø  10+ years of professional experience in XBRL Services across various industries;

Ø  Knowledge in MCA Taxonomy both AS and Inds AS.

Ø  Checking Tagging Quality on behalf of client;

Ø  Converted more than 100 Financial Statements in XBRL format in last 5 years without a single error;

Ø  Experience in Conversion of Financials of Listed, Unlisted, MNCs etc. all over India;

Why our clients love us?

Ø  Accuracy: Detailed tagging as per MCA guidelines, no shortcuts;

Ø  Presentation: Tables and texts are formatted to make them readable and notes are given for clubbing of figures;

Ø  Personalized Services with Seamless Communication;

Ø  Full Attention to every Client;

Ø  Timely and Cost Effective;

Ø  Full Confidentiality of Information received.

We look forward to your valuable comment www.carajput.com

FOR FURTHER QUERIES CONTACT US:

W: www.carajput.com   E: info@carajput.com T: 9-555-555-480

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 8, 2016

CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 8, 2016

The Ongoing Controversy On Erroneous Applicability Of Dividend Distribution  Tax Finally Ends    

During the past quarters, the provisions of law regarding buy-back of shares since introduction of dividend distribution tax (‘DDT’) under section 115Q of the Act w.e.f. 01.04.2003 till 31.05.2013 are being interpreted in a conflicting manner by the tax authorities and taxpayers, thereby giving rise to disputes on this issue. It has been contended that subsequent to introduction of section 115QA in the Act , the income-tax authorities, in some cases have sought to re-characterize the purchase consideration received on account of buy-back of shares, undertaken prior to 01.06.2013, as dividend and accordingly, subjecting the amounts so distributed by the companies to DDT. This has lead to un-ended litigation and undue harassment to the tax payers.

In a welcome move, the CBDT has come up with a clarification so far as income arising to the shareholder on but back of shares between the period 01.04.2000 till 31.05.2013 would be taxed as capital gains in the hands of the recipient in accordance with section 46A of the Act and no such amount shall be treated as dividend in view of provisions of section 2(22)(iv). The ongoing controversy is enclosed herewith along with the latest CBDT Circular No. 03/2016 dt. 26th Feb 2016.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Hope the information will assist you in your Professional endeavors. For query or help, contact:  info@carajput.com or call at 011-233 433 33

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)

REVISED IN FOREIGN EXCHANGE REGULATIONS

Revised in Foreign Exchange Regulations

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Government has recently modified the Foreign Exchange Management (Current Account Transactions) Rules, 2000 and the Liberalized Remittance Scheme (LRS) for resident individuals for further liberalizing the existing guidelines. Accordingly, all resident individuals, including minors, are allowed to freely remit upto USD 2,50,000 (USD 1,25,000 earlier) per financial year for any permissible current or capital account transaction or a combination of both. These include the purposes of education or for maintenance of close relatives. Further, authorized dealers may allow remittances exceeding USD 250,000 based on the estimate received from the educational institution abroad or a hospital abroad. For small value remittances (upto USD 25,000), the documentation requirement is simpler and even PAN card is not insisted upon.

Currently, as per the provisions of the Income-tax Act, 1961 read with Income-tax Rules, 1962, no certificate from a Chartered Accountant is required to be obtained for certain remittances including sending money to students i.e., for remittances made under RBI’s purpose Code “S0305-Travel for education (including fees, hostel expenses etc.)” and remittance towards personal gifts and donations i.e., for RBI’s Purpose Code “S1302”. The complete list of payments in which no certificate from a Chartered Accountant is required to be obtained is given in explanation (2) to Rule 37BB of the Income-tax Rules, 1962.

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CBDT Signs Advance Pricing Agreements (APAs) to Usher in Certainty in Taxation

As a part of a major initiative to usher in certainty in taxation, the Central Board of Direct Taxes (CBDT) entered into two unilateral Advance Pricing Agreements (APAs) on 3 August, 2015 with two Multi-National Companies (MNCs) which includes the first APA with a “Rollback” provision. With this, the CBDT has so far signed 14 APAs of which 13 are unilateral APAs and one is a bilateral APA. The 14 APAs signed relate to various sectors like telecommunication, oil exploration, pharmaceuticals, finance/banking, software development services and ITeS (BPOs).

Unilateral APAs are agreed between Indian taxpayers and the CBDT, without involvement of the tax authorities of the country where the associated enterprise is based. Bilateral APAs include agreements between the tax authorities of the two countries. An APA with the “Rollback” provision extends tax certainty for nine financial years as against five years in APAs without “Rollback”.

APAs settle transfer prices and the methods of setting prices of international transactions in advance. The Government is committed to conclude a large number of APAs to foster an environment of tax cooperation and certainty. Currently, a number of unilateral as well as bilateral APAs with Competent Authorities of UK and Japan etc are at advanced stage of negotiations.

A Framework Agreement was recently signed with United States under the Mutual Agreement Procedure (MAP) provision of the India-US Double Taxation Avoidance Convention (DTAC). This is a major positive development. About 200 past transfer pricing disputes between the two countries in Information Technology (Software Development) Services [ITS] and Information Technology enabled Services [ITeS] segments are expected to be resolved under this Agreement during the current year. So far, 35 disputes have been resolved and another 100 are likely to be resolved in the next three months.

The Framework Agreement with the US opens the door for signing of bilateral APA with the US. The MAP programs with other countries like Japan and UK are also progressing very well with regular meetings and resolution of past disputes. These initiatives will go a long way in providing stable tax environment to foreign investors doing business in India.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 9555555480

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; before making any decisions do consult your Professional / tax advisor. For misrepresentation or interpretation of act or rules Author does not take any responsibility. Neither the author nor the firm accepts any liability for the loss or damage of any kind arising out of information in this document or for any action taken in reliance there on. carajput.com is committed to helping entrepreneurs and small business owners to start, manage and grow their business with peace of mind. Our goal is to support the entrepreneur on legal and regulatory requirements and to be a partner throughout the entire business life cycle, offering support to the company at every stage to ensure that it is compliant and consistently growing. Hope the information will assist you in your Professional endeavors. For query or help, contact: info@carajput.com or call at 09811322785/4 9555 5555 480)