Corp. Compliance Calendar - May 23 - CS Lalit Rajput
Corp. Compliance Calendar - May 23 - CS Lalit Rajput
Corp. Compliance Calendar - May 23 - CS Lalit Rajput
Vol. 05/2023
Prepared by:
Lalit Rajput
Company Secretary
+91 8802581290
E-mail: [email protected]
ABOUT ARTICLE:
NRI Bank There is option for the Non-Resident Indians to set up various bank accounts
Accounts in India, like FCNR, NRE and NRO Accounts.
The Reserve Bank of India (RBI) on 6 April released its Monetary Policy Report for April
2023 where in the central bank kept the repo rate unchanged breaking a trend that has seen
interest rates hiked six times consecutively.
The repo rate, which is the rate at which commercial banks borrow from the RBI against
government securities, and which transmits to all interest rates (on lending and deposits) in
the economy, has been maintained at 6.50 percent. The Monetary Policy Committee (MPC)
had increased the repo rate consecutively since May 2022, with the continued stance to
withdraw accommodation.
The MPC sought to remain focused on aligning inflation with the target – the medium-term
target for the consumer price index (CPI) inflation is 4 percent, within a band of +/- 2 percent
- while supporting growth.
According to RBI, the crude oil prices are expected to reduce to US$ 85 per barrel in FY
2023-24, from US$ 105 per barrel during HY 2022-23. The exchange rate of the Indian rupee
to the US dollar is expected to be INR 82/1US$ in FY 2023-24, compared to INR 80/1US$ in
HY 2022-23. The fiscal deficit has been reducing from 9.2 percent in FY 21 to 6.7 percent in
FY 22 to 6.5 percent in FY 23 and 5.9 percent in FY 24.
2. RBI 3-Day MPC Meet Begins Today; Central Bank Likely To Hike Benchmark
Interest Rate By 25 Bps On Apr 6
Under pressure to bring down retail inflation and keep pace with global peers, the Reserve
Bank may go in for 25 basis points hike in benchmark interest rate, probably the last in the
current monetary tightening cycle that began in May 2022, at the bi-monthly policy to be
unveiled on Thursday.
The Monetary Policy Committee (MPC) of the Reserve Bank will be meeting for three days
on April 3, 5 and 6 to take into account various domestic and global factors before coming
out with the first bi-monthly monetary policy for fiscal 2023-24.
The Reserve Bank of India (RBI) has already increased the repo rate by a total of 250 basis
points since May in a bid to contain inflation though it has continued to remain above the
central bank's comfort zone of 6 per cent for most of the time.
The two key factors which the RBI Governor headed committee will deliberate intensely
while firming up the next monetary policy are -- elevated retail inflation and the recent action
taken by central banks of developed nations especially the US Federal Reserve, the European
Central Bank and Bank of England.
The Consumer Price Index (CPI)-based inflation was 6.52 per cent in January and 6.44 per
cent in February.
In all, the Reserve Bank will hold six MPC meetings in the fiscal 2023-24.
The central government has tasked the RBI to ensure that retail inflation remains at 4 per cent
with a margin of 2 per cent on either side.
15
Return of tax deduction from contributions paid by the trustees of an 31.05.2023
16 approved superannuation fund
17 Due date for furnishing of statement of financial transaction (in Form No. 31.05.2023
61A) as required to be furnished under sub-section (1) of section 285BA
of the Act respect for financial year 2022-23
18 Due date for e-filing of annual statement of reportable accounts as 31.05.2023
required to be furnished under section 285BA(1)(k) (in Form No. 61B)
for calendar year 2022 by reporting financial institutions
19 Application for allotment of PAN in case of non-individual resident 31.05.2023
person, which enters into a financial transaction of Rs. 2,50,000 or more
during FY 2022-23 and hasn't been allotted any PAN
20 Application for allotment of PAN in case of person being managing 31.05.2023
director, director, partner, trustee, author, founder, karta, chief executive
officer, principal officer or office bearer of the person referred to in Rule
Sitharaman emphasised that CBDT should ensure timely action on all applications
filed by taxpayers and that a reasonable time frame should be set for disposal of such
applications.
The review meeting mainly focussed on efforts for increasing taxpayer base, pending
disciplinary proceeding cases and disposal of applications for condonation of de lay
and grant of exemptions under certain sections of the Income Tax Act, 1961.
In the meeting, it was also stated that introduction of new TDS codes, which have
almost doubled from 36 to 65 in the last eight years, led to an increase in total
reported transactions in 2021-22 to 144 crore as compared to 70 crore reported
transactions in 2015-16.
As per the e-filing income tax portal, “Excel utilities of ITR 1 and ITR 4 for AY
2023-24 are available for filing.” The tax department is yet to release the JSON utility
This means that if an individual wants to file ITR now, then he/she will be required to
download the utility from the income tax e-filing portal.
Once the income and deduction-related information in the utility form is filled, then it
will be required to be uploaded on the income tax e-filing portal. For the online form,
one is directly required to enter the information on the online form available on the e -
filing income tax portal. One should remember that once the ITR form is submitted
(either in offline or online mode), it be verified as well. ITR will not be taken up for
processing by the income tax department unless it is verified by the taxpayer.
There is no major change in the income tax return form this year. The only major
change in the ITR form is that it asks taxpayers to provide information related to
crypto and virtual digital assets transactions.
The government amended the income tax laws and made crypto and other virtual
digital assets taxable from April 1, 2022. The announcement of crypto and virtual
digital assets taxation was announced in Budget 2022.
b). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
c). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
E. GST Refund:
RFD -10 Refund of Tax to Certain Persons 18 Months after the end of quarter
for which refund is to be claimed
GST authorities have been forced to launch a special drive against "fake registrations" as the
menace refuses to die down, with scammers resorting to new tricks to claim input tax credit
(ITC) and defraud the exchequer.
Officers have been instructed to identify those using forged papers to register or claim bogus
input tax credit, deregister them, seek a refund of the credit and wherever needed attach their
property or bank accounts. Besides, those who were in the chain for the input tax credit, will
also be asked to refund them.
A similar exercise had been undertaken in the past, which resulted in not just several
fraudsters being removed from the system but also saw some large companies face questions
as they had bought goods or availed of services from them, directly or indirectly. But the
problem persists.
From forged electricity bills and property tax receipts to rent agreements, unscrupulous
elements show a bogus principal place of business to obtain GST registration. In a
communication to top officers across the country, the Central Board of Indirect Taxes and
Customs cited the instance of a few fraudsters in Gujarat registering themselves using PAN
and Aadhaar number of persons from economically weaker sections, without their
knowledge.
GST Network, the IT backbone, have been tasked with using detailed data analytics and risk
parameters to identify bogus numbers. The list will be shared with state and central tax
authorities. In addition, they have been told to supplement the data using data from e-way
mechanism and CBIC's Advanced Analytics in Indirect Taxation and the Business
Intelligence & Fraud Analytics, apart from human intelligence and the Aadhar database.
2. GST officers detect tax evasion by offshore entities providing online betting, gambling
Tax officers have detected violation of GST law by offshore entities offering online betting
and gambling platforms to Indian residents through mobile apps and are working on ways to
tackle such mode of tax evasion, a source said. As per the prescribed procedure, all offshore
entities providing services in India are required to register as supplier of OIDAR (Online
Information Database Access and Retrieval) services under the Goods and Services Tax
(GST) law.
"Although several overseas educational bodies offering online courses in India are registered
as OIDAR, the entities providing online gaming, betting ad gambling platforms are not
registered under GST. We are pursuing such cases and hope to bring them under the GST
net," the source told PTI.
The source said since these companies are collecting funds and offering services in the
country, they are liable to pay GST. However, as these entities do not have a permanent
establishment or a physical presence in India, it is difficult to serve notices to them.
According to a written reply given by the Finance Ministry in Parliament in December last
year, GST officers are investigating tax evasion of about Rs 23,000 crore by gaming
companies between April 2019 and November 2022.
Besides, the Enforcement Directorate has attached proceeds of crime of more than Rs 1,000
crore in several cases related to cyber and crypto frauds wherein online gaming etc have been
used for siphoning the proceeds.
2. Updated Advisory: Time limit for Reporting Invoices GSTN 578 Click Here
on the IRP Portal
3. Advisory: Time limit for Reporting Invoices on the IRP GSTN 577 Click Here
Portal
4 Clarification regarding GST rate and classification of
‘Rab’ based on the recommendation of the GST
Council in its 49th meeting held on 18th February 2023 191/03/2023 Click Here
–reg
5 New facility to verify document Reference Number GSTN 580 Click Here
(RFN) mentioned on offline communications issued by
State GST authorities
In addition to being the starting point of the possible onset of another scorching summer, the
month of April also witnessed two important happenings that are tied to the country’s avowed
economic-industrial transformation, demanding our attention. The first was the passage of a
piece of legislation in the Tamil Nadu Assembly that amended the Factory Act of 1948, to
extend the number of working hours in a day, from eight hours to 12 hours. A similar piece of
legislation was passed in the Karnataka Assembly, a few months ago. However, in his
address during May Day celebrations in Chennai, the Tamil Nadu Chief Minister, M.K.
Stalin, announced the withdrawal of the legislation. This announcement comes on the back of
the temporary hold on further action on the Bill by the Tamil Nadu government, after strong
opposition; this includes the State government’s alliance partners and trade unions.
The eight-hour working day, adopted by the International Labour Organization in 1919, is a
hard won right by workers and trade unions, who have had to struggle over the years to keep
capricious policy changes at bay. While appreciating the action initiated by the Tamil Nadu
Chief Minister, the passage, in the first place, of these pieces of legislation (which has
justifiably led to anger and outcry among trade unions and labour support groups) clearly
signals the intent of governments to house investments by transnational corporations (through
their supply chains), by ramping up capacities and provisioning incentives. As a matter of
fact, these legislative changes could trace their legacy to the four labour codes passed by the
central government in 2019-20, which, in turn, have weakened the labour protection
architecture, lowered thresholds and squeezed collective bargaining, thereby effectively
curtailing their actual operability.
The implementation of the four labour codes, passed by Parliament between 2019 and 2020
and which seek to bring sweeping changes to India’s job market, has been stalled. They are
unlikely to take effect before the general election slated for 2024, people aware of the matter
have said.
Critics see them as controversial and anti-worker, while those demanding freer labour
policies say they will boost growth and employment,and end outdated laws no longer in sync
with a rapidly transforming economy. The codes or laws represent one of the most significant
economic reforms undertaken by the Modi government.
For instance, the changes will increase the number and type of companies that can fire
workers without government approval, enforce new norms on how unions can call strikes,
discard rules that bar women from working night shifts and, importantly, introduce a new
social-security regime.
Three key reasons are holding up the codes, the persons quoted above said. One, some states
are yet to publish rules to set the codes in motion, as required, since labour is a subject over
which both Centre and states have jurisdiction.
Two, talks between the Union labour ministry and unions have stalled and, three, the Centre
is inclined to take all stakeholders on board for which there needs agreement on key
provisions. Given that the Modi government had to withdraw the farm laws in 2021, the
Centre does not want a situation where unions go on industrial strikes and disrupt the
economy, one of them said. (To read more: Click Here)
A. Quarterly Compliances:
Sl. Regulation Compliance Particulars Timeline / Due Date Due Dates
No. reference (For the Quarter Ended
(Reg.) December, 2022)
1 32 Statement of deviation(s) or 45 days/60 days from end of 14.05.2023
variation(s) quarter
2 33 (3) (a) Financial Results along with Within 60 days from the end 30.05.2023
Limited review report/ of the FY.
Auditor’s report
87E Record 87E(2) The listed entity shall give notice in 7 working
Date. advance of at least seven working days days advance
(excluding the date of intimation and the intimation
record date) to the stock exchange(s) of the excluding the
record date or of as many days as the stock date of the
exchange may agree to or require intimation and
specifying the purpose of the record date. date of the
meeting
Securities and Exchange Board of India (SEBI) vide notification / Circular No.
SEBI/HO/CFD/DCR1/CIR/P/2020/49 issued and publish dated 27th March 2020, has
published Relaxation from compliance with certain provisions of the SEBI (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011 due to the COVID-19 pandemic".
Compliance Period
Sl. Regulation No. Compliance Particular (Due Date)
No.
Every person, who together with
1 Regulation 30(1) persons acting in concert with him, Omitted
holds shares or voting rights through introduction of
entitling him to exercise 25% or SEBI (Substantial
more of the voting rights in a target Acquisition of Shares
company, shall disclose their and Takeovers) (Second
aggregate shareholding and voting Amendment)
rights as of the 31st day of March, in Regulations, 2021
such target company in such form as
may be specified. Applicable w.e.f.
The promoter of every target 01.04.2022
company shall together with persons
acting in concert with him, disclose
2 Regulation 30(2) their aggregate shareholding and
voting rights as of the thirty-first
day of March, in such target
company in such form as may
LLP Compliance
The advisory note lists the do’s and don’ts of such companies, which are stipulated to have an
object in the Memorandum of Association of only cultivating the habit of thrift and savings
amongst its members, receiving deposits from, and lending to, its members only, for their
mutual benefit.
The Nidhi entities are prohibited from carrying on the business of chit fund, hire purchase
finance, leasing finance, insurance or acquisition of securities issued by anybody corporate.
They are barred from issuing preference shares, debentures or any other debt instrument by
any name or in any form whatsoever.
The MCA has barred Nidhi entities from accepting deposits from or lend to any person, other
than its members, pledge any of the assets lodged by its members as security, accept deposits
from or lend money to anybody corporate, or enter any partnership arrangement in its
borrowing or lending activities.
A Nidhi company cannot raise loans from banks or financial institutions or any other source
for the purpose of advancing loans to its members or admit a body corporate or trust as a
member.
The MCA advisory categorically stated that the Central government does not undertake any
responsibility for the financial soundness of, or the correctness of, any of the statement or the
representations made, or opinions expressed by a Nidhi company. The deposits accepted by
such an entity are not insured and the repayment of deposits is not guaranteed by either the
Central government or the Reserve Bank of India, the advisory said.
Companies keen to exit their business for various economic reasons can now hope for quick
regulatory clearance with the government operationalising the newly set up Centre for
Processing Accelerated Corporate Exit (CPACE).
The amended rules for removal of companies from the official register will be effective 1
May, the ministry said while also bringing out the forms for voluntary closure. The move of
shifting voluntary closure of companies to a centralised agency is part of a revamp of the
approval process for various corporate filings aimed at uniform and quick decision-making
process.
The ministry also replaced three forms that are related to the process of striking off the names
of companies while giving the all-India jurisdiction to CPACE for voluntary closure of
companies. The forms entail some changes, including provision for disclosing pending
litigation, explained Virender Bhasin, Executive Director, Entity Setup and Management at
Nexdigm, a consultancy.
Companies chose to go for voluntary closure for various economic reasons including
unviability of the business or changed circumstances. For closure, the companies should not
have any unmet liability. Voluntary closure is different from government's action of
removing a company from the register for defaulting on filing statutory documents for two
consecutive years, although most such defaulting companies may also be defunct.
Under this mechanism, creditors and debtors can reach informal agreements on the plans to
resolve bankruptcy and then approach the NCLT to quickly admit the cases, one of the
persons said.
The details will be finalised after broader stakeholder consultations. "The government has
studied the best practices of several jurisdictions and a similar, if not the same, insolvency
mechanism is followed in the UK," said an official aware of details. "Various aspects and
structures of the planned framework are being examined and a final decision would be taken
in due course." Read more at: Click Here
"The waterfall mechanism is based on a structured mathematical formula, and the hierarchy
is created in terms of payment of debts in order of priority with several qualifications, striking
down any one of the provisions or rearranging the hierarchy in the waterfall mechanism may
lead to several trips and disrupt the working of the equilibrium as a whole and stasis,
resulting in instability," the bench said.
On April 13, the NCLT issued the directive. The total sum under the resolution plan is Rs
8.97 billion, of which Rs 8.10 billion will go to secured financial creditors.
2. Go First at NCLT: 'Not a for case for first day, first show relief,' say aircraft
lessors
Aircraft lessors on Thursday told the Delhi Bench of National Company Law Tribunal
(NCLT) that they have serious objections to the demand for interim moratorium by Go First
airline, controlled by Wadia Group, and said that the moratorium will have harmful and
serious consequences going ahead.
"Not a case for first day, first show relief to be granted," lessors told the NCLT bench led by
Justice Ramalingam Sudhakar, adding that they have terminated the leases and are entitled to
get the aircraft back. There have been multiple defaults by Go First for maintenance and other
expenses, lessors said.
On Tuesday, Go First airline moved the NCLT where it has filed an application under Section
10 of Insolvency and Bankruptcy Code, 2016. The airline has blamed engine-maker Pratt &
Whitney for its fresh troubles and said that their faulty engines have resulted in the grounding
of 50 per cent of its fleet.
During its Thursday hearing before the NCLT Delhi bench, the airline company sought an
interim moratorium in resolving the issues. It has also sought various interim directions from
the tribunal, including restraining lessors from taking back aircraft and regulator DGCA from
taking any adverse action against the airline.
Go First Airlines' legal counsel on Thursday said that the purpose of filing for voluntary
insolvency is to revive the airlines. The carrier told the tribunal that it is seeking a
comprehensive debt restructuring and that it is not a malicious petition to avoid payments of
dues.
Following which, aircraft lessors too opposed the demand of interim moratorium by Go First.
Lessors questioned how the Insolvency Resolution professional (IR) would run the company
and cited Jet's example of how it "has gone down the drain."
The lessors further added if moratorium relief is granted to Go First, they won’t be able to
take back their grounded aircraft. The grounded aircraft can't fly either due to cancelled
flights, which will only add to the CIRP cost.
Go First said: "We regret to inform that due to operational reasons, Go First flights scheduled
till May 9, 2023, have been cancelled. We apologise for the inconvenience caused by the
flight cancellations. A full refund will be issued to the original mode of payment shortly".
MSME stands for Micro, Small and Medium Enterprises. In a developing country like India,
MSME industries are the backbone of the economy.
1. MSMEs have time till June-end for claiming covid related relief: finance ministry
The Ministry of Finance on Tuesday said that Micro, Small and Medium Enterprises
(MSMEs) have time till 30 June to submit their claims under the scheme meant for
compensating them for damages from non-execution of contracts during the covid period.
The ‘Vivad se Vishwas I - Relief to MSMEs scheme’ was announced in the Union Budget
2023-24 by Finance Minister Nirmala Sitharaman. The relief provided under this scheme is in
continuation to the efforts of the government in promoting and sustaining the MSME sector.
Under the scheme, ministries have been asked to refund performance security, bid security,
and liquidated damages forfeited/deducted during the COVID-19 pandemic. Certain relief
has also been provided to MSMEs debarred for default in the execution of contracts during
the COVID-19 period. The scheme also provides for refunding 95% of the risk purchase
amount realized.
The scheme aims to help eligible MSMEs affected during the COVID-19 period by refunding
95% of the performance security forfeited, bid security, liquidated damages deducted, and
risk purchase amount realized.
As per the order from department of expenditure to central and state officials, relief will be
provided in all contracts with MSMEs for procurement of goods and services. The scheme,
which commenced on April 17, 2023, is applicable to registered MSMEs for any category of
goods and services. Read more Click Here)
It will be applicable with an infusion of Rs 9,000 crore to the corpus to enable additional
collateral-free guaranteed credit of Rs 2 lakh crore and the reduction in the cost of the credit
by about 1 per cent.
The corpus of CGTMSE has been infused with a sum of Rs 8,000 crore on Thursday.
CGTMSE has issued guidelines regarding reduction of annual guarantee fee for loans upto Rs
1 crore from a peak rate of 2 per cent per annum to as low as 0.37 per cent per annum.
This will reduce the overall cost of credit to the Micro & Small Enterprises to a great extent.
The limit on ceiling for guarantees has been enhanced from Rs 2 crore to Rs 5 crore.
For settlement of claims in respect of guarantees for loan outstanding upto Rs 10 lakh,
initiation of legal proceedings will no longer be required.
CGTMSE created a new landmark by touching the milestone figure of approving guarantees
worth Rs 1 lakh crore during FY 2022 - 23.
The applications filed by the Alliance of Digital India Foundation (ADIF) and its members
submitted that the new ‘User Choice Billing’ (UCB) of Google which will be enforced from
26 April is in violation of the earlier CCI order, which fined the tech-giant for not allowing
third-party payment options.
In October 2022, the competition watchdog slapped a fine on Google for its Google Play
Billing System (GPBS), which was the only payment method available for app developers
and Google used to charge 15-30% commission. The CCI directed Google to allow third-
party payment options.
The plea also alleged that the tech giant tried to take advantage of the lack of quorum at the
CCI. Before approaching court, the petitioners filed several complaints with the competition
watchdog, which went unheard.
According to the petition, Google is exploiting the fact that the CCI doesn't have enough
members to form a quorum. As a result, the company is engaging in behaviors that are anti-
competitive and will cause lasting harm to both the petitioners and other app developers in
the market. This behavior will also lead to market distortion.
A single judge bench of Justice Tushar Rao Gedela after hearing the matter for two days
directed, “In view of the above, there is no impediment, legal or otherwise, in directing the
CCI to take up the applications under Section 42 of the Act, as filed by the petitioner, for
hearing and considering the same in accordance with law on or before 26.04.2023.
Additional Solicitor General N Venkataraman, appearing for the CCI said that the
commission was constituted in accordance with the provisions of the Competition Act and
was “very much functional” and carrying out adjudicatory functions. The HC perused
through section 8 of the Competition Act which states CCI’s composition of CCI, and said
that there is no prescription as to what would be the minimum number of members who
would constitute a valid quorum.
❑ IRDAI's new commission rules: Who all from insurance sector will be
impacted?
Recently, the Insurance Regulatory and Development Authority of India (IRDAI) notified its
regulations whereby it abolished the policy segment wise limit on commissions payable to
the agents. The commission will now have to be within the insurers' overall Expenses of
Management (EOM).
Going by the new rules, there will be a single expenses of management limit for life
insurance, general insurance and standalone health insurance companies as against the
segmental and sub-segmental management limits for insurers currently. There is a separate
maximum commission limit for health insurance and general insurance companies.
Commenting on the same, a senior industry official has said the IRDAI has legalised what
was being done in a clandestine manner by the industry players. The official added that the
new norms will affect adversely the government owned general insurers and an advantage for
mid and large sized private insurers.
Earlier, the private players have have been paying their distributors over and above the
specified limits and now the regulator has made this legal, according to the official. "No more
the insurance companies -- life and general insurers -- will get notices from the Goods and
Services Tax (GST) Authority," the official noted further.
The Insurance Regulatory and Development Authority of India (IRDAI) has proposed to
allow general insurers to offer long-term motor insurance policies.
Vehicle owners will now have a wider choice, as they can opt for a 3-year insurance policy
for private cars and a 5-year insurance policy for two wheelers, both co-terminus with motor
third party liability cover.
Currently, new cars can get Third Party cover for 3 years, while two wheelers can get Third
Party cover for 5 years. However, Own Damage Cover for both cars and two wheelers is
available for one year.
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This Calendar / Compliance Tracker is updated till 30th April, 2023 with all Laws /
Regulations and their respective amendments.
----------------------------------------------THE END----------------------------------------------------
Disclaimer: Every effort has been made to avoid errors or omissions in this material. In
spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to
our notice which shall be taken care of in the next edition. In no event the author shall be
liable for any direct, indirect, special or incidental damage resulting from or arising out of or
in connection with the use of this information. Many sources have been considered including
newspapers (ET, BS & HT etc.).
Feel free to share your suggestions / opinions at [email protected]
May, 2023
Best Regards
Lalit Rajput
Company Secretary
Corporate Compliance
- Due Date Tracker
- May, 2023
“The only real security that a man can have in this world is a reserve of
knowledge, experience and ability.” – Henry Ford