Amendment in Schedule III at Icsi Indore On 28052022
Amendment in Schedule III at Icsi Indore On 28052022
Amendment in Schedule III at Icsi Indore On 28052022
Presented By:
CS (Dr.) D.K. Jain
M. Com, FCS, ACIS (UK) IP, RV (SFA), Ph. d.
Practising Company Secretary,
Insolvency Professional &
Registered Valuer (SFA)
Schedule III of the Companies Act, 2013 is divided
in III Divisions
GENERAL INSTRUCTIONS FOR PREPARATION OF BALANCE SHEET AND
STATEMENT OF PROFIT AND LOSS OF A COMPANY
As amended by the Notification No. GSR 207(E), dated 24-3-2021,
For the Accounting year commencing w.e.f. 1st April, 2021.
Division 1- Financial Statements for a company whose Financial Statements are required to
comply with the Companies (Accounting Standards) Rules, 2006;
Division II -Financial Statements for a company whose financial statements are drawn up
in compliance of the Companies (Indian Accounting Standards) Rules, 2015;
Division III- Financial Statements for a NBFC whose financial statements are drawn up
in compliance of the Companies (Indian Accounting Standards) Rules, 2015
Significant Amendments in Schedule III under CA-2013
4. (i) Depending upon the [Total income] of the company, the figures appearing in the
Financial Statements [shall] be rounded off as given below:—
S.No Total income Rounding off
)
(a) less than Rs. 100 crore To the nearest hundreds, thousands, lakhs or millions, or
decimals thereof.
(b) Rs. 100 crore or more To the nearest lakhs, millions or crores, or decimals
less than one hundred crore rupees
thereof.
To the nearest hundreds, thousands, lakhs or millions, or decimals thereof.
Section 2(91) as amended w.e.f. 9-2-2018 provides that "turnover" means the gross amount of
revenue recognized in the profit and loss account from the sale, supply, or distribution of goods
or on account of services rendered, or both, by a company during a financial year;
Meaning thereby other income like interest, profit on sale of assets or investments, rent, etc. was
not included earlier in the turnover now to be included in total income for the purposes of
applicability of other provisions of the Companies Act, 2013 like Section 135, small company, etc
[Form AOC-4 Not synchronized]
Significant Amendments in Schedule III under CA-2013
Balance Sheet: II. Assets (Non-Current Asset)
1(a) Property, Plant and Equipment [and Intangible Assets] (Inserted)
(i) [Property, Plant and Equipment] (Substituted for Tangible Assets)
General Instruction for Preparation of Balance Sheet
A. Share Capital
(m) A company shall disclose Shareholding of Promoters* as below: (In addition to disclosure for
more than 5% shaeholding)
Shares held by promoters at the end of the year % Change during the year***
S. No Promoter name No. of Shares** % of total shares
Total
* Promoter here means promoter as defined in the Companies Act, 2013. ** Details shall be given separately for each class of shares
*** Percentage change shall be computed with respect to the number at the beginning of the year or if issued during the
year for the first time then with respect to the date of issue
Promoter u/s 2(69): means a person—(a) who has been named as such in a prospectus or is identified by the company in
the annual return (MGT-7) referred to in section 92; or (b) who has control over the affairs of the company, directly or
indirectly whether as a shareholder, director or otherwise; or (c) in accordance with whose advice, directions or
instructions the Board of directors of the company is accustomed to act:
Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity;
Significant Amendments in Schedule III under CA-2013
Balance Sheet:
F- Short Term Borrowing
[(v) current maturities of Long-term borrowings shall be disclosed separately.] (Inserted)
FB- Trade payables due for payment
The following ageing schedule shall be given for Trade payables due for payment:—
Particulars Outstanding for following periods from due date of payment#
Less than 1 year 1-2 years 2-3 years More than 3 years Total
(i) MSME
(ii) Others
(iii) Disputed dues –
MSME
(iv) Disputed dues –
#Others
similar information shall
be given where no due date of payment is specified in that case disclosure shall
be from the date of the transaction. Unbilled dues shall be disclosed separately;]
Section 5(6) of IBC, 2016 states that "dispute" includes a suit or arbitration proceedings relating to—
• the existence of the amount of debt; or
• the quality of goods or service; or
• the breach of a representation or warranty
Significant Amendments in Schedule III under CA-2013
Balance Sheet:
G- Other Current Liability
(a) *** [Current maturity of long-term Debts] (Deleted)
W. If, in the opinion of the Board, any of the assets other than Property, Plant and Equipment
[Intangible Assets] and non-current investments do not have a value on realisation in
the ordinary course of business at least equal to the amount at which they are
stated, the fact that the Board is of that opinion, shall be stated. (Inserted)
X. *** [Every company shall disclose the details of Specified Bank Notes (SBN) held and
transacted during the period from 08.11.2016 to 30.12.2016] (Omitted)
Significant Amendments in Schedule III under CA-2013
Balance Sheet:
Y. Additional Regulatory Information
(i) Title deeds of Immovable Property not held in name of the Company
The company shall provide the details of all the immovable property (other than properties where the
Company is the lessee and the lease agreements are duly executed in favour of the lessee) whose title
deeds are not held in the name of the company in format given below and where such immovable
property is jointly held with others, details are required to be given to the extent of company’s share.
Relevant line item in the Balance Descriptio Gross Whether title deed holder is a Property Reason for not being held
sheet n of item carrying promoter, director or relative# of held since in the name of the
of value promoter*/ director or employee of which date company**
property promoter/director
Property, Plant, Equipment Land - - - **also indicate if in dispute
- Building
Investment property Land
- Building
Non-current asset held for sale Land
- Building
others (Trademark, Copy Rights,
Patents, Shares, etc)
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(ii) Where the Company has revalued its Property, Plant and Equipment, the company shall
disclose as to whether the revaluation is based on the valuation by a registered valuer as
defined u/r 2 of the Companies (Registered Valuers and Valuation) Rules, 2017.
(iii) Following disclosures shall be made where Loans or Advances in the nature of
loans are granted to promoters, directors, KMPs and the related parties (as defined
under u/s 2(76) of the CA-2013, Read with Rule 3 and 4) either severally or jointly with
any other person, that are:
(a) repayable on demand; or without specifying any terms or period of repayment
Type of Borrower Amount of loan or advance in the Percentage to the total Loans and
nature of loan outstanding Advances in the nature of loans
Promoter
Directors
KMPs
Related Parties
Significant Amendments in Schedule III under CA-2013
Meaning of Related Party [Under Section 2(76)]
Related party", with reference to a company, means—
(i) a director or his relative;
(ii) a key managerial personnel or his relative;
(iii) a firm, in which a director, manager or his relative is a partner;
(iv) a private company in which a director or manager [or his relative] is a member or
director;
(v) a public company in which a director or manager is a director [and] holds along
with his relatives, more than 2% of its paid-up share capital;
(vi) any body corporate whose Board of directors, MD or manager is accustomed to act
in accordance with the advice, directions or instructions of a director or manager;
(vii)any person on whose advice, directions or instructions a director or manager is
accustomed to act:
Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice,
directions or instructions given in a professional capacity;
Significant Amendments in Schedule III under CA-2013
Meaning of Related Party [under Section 2(76)]……
[(viii) any body corporate which is—
(A) a holding, subsidiary or an associate company of such company;
(B) a subsidiary of a holding company to which it is also a subsidiary; or
(C) an investing company or the venturer of the company;
Explanation.—For the purpose of this clause, “the investing company or the venturer of a
company” means a body corporate whose investment in the company would result in the
company becoming an associate company of the body corporate;]
(ix) such other person as may be prescribed;
Rule 3 Related party.—For the purposes of section 2(76)(ix) of the Act, a director [other
than an independent director] or key managerial personnel of the holding company or his
relative with reference to a company, shall be deemed to be a related party.
Significant Amendments in Schedule III under CA-2013
Meaning of Relative [under Section 2(77)]……
“Relative", with reference to any person, means any one who is related to another, if—
(i) they are members of a Hindu Undivided Family;
(ii) they are husband and wife; or
(iii) one person is related to the other in such manner as may be prescribed;
Rule 4 Relative: A person shall be deemed to be the relative of another, if he or she is related to
another in the following manner, namely:—
(1) Father: Provided that the term "Father" includes step-father.
(2) Mother: Provided that the term "Mother" includes the step-mother.
(3) Son: Provided that the term "Son" includes the step-son.
(4) Son’s wife.
(5) Daughter.
(6) Daughter’s husband.
(7) Brother: Provided that the term "Brother" includes the step-brother;
(8) Sister: Provided that the term "Sister" includes the step-sister.
[Rule 4 of Companies (Specification of Definitions Details) Rules, 2014.]
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(iv) Capital-Work-in Progress (CWIP)
(a) For Capital-work-in progress, following ageing schedule shall be given: CWIP aging
schedule
CWIP Amount in CWIP for a period of Total*
Less than 1 year 1-2 years 2-3 years More than 3 years
Projects in progress
Projects temporarily suspended
Project 1
Project 2”
** Details of projects where activity has been suspended shall be given separately..
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(vi) Details of Benami Property held
Where any proceedings have been initiated or pending against the company for
holding any benami property under the Benami Transactions (Prohibition) Act, 1988
and the rules made thereunder, the company shall disclose the following:—
(a) Details of such property, including year of acquisition,
(b) Amount thereof,
(c) Details of Beneficiaries,
(d) If property is in the books, then reference to the item in the Balance Sheet,
(e) If property is not in the books, then the fact shall be stated with reasons,
(f) Where there are proceedings against the company under this law as an a better of
the transaction or as the transferor then the details shall be provided,
(g) Nature of proceedings, status of same and company’s view on same.
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(vii) Where the Company has borrowings from banks or financial institutions on the
basis of security of current assets, it shall disclose the following:—
(a) whether quarterly returns or statements of current assets filed by the Company with
banks or financial institutions are in agreement with the books of accounts.
(b) if not, summary of reconciliation and reasons of material discrepancies, if any to
be adequately disclosed.
(viii) Wilful Defaulter*
Where a company is a declared wilful defaulter by any bank or financial Institution or
other lender, following details shall be given:
(a) Date of declaration as wilful defaulter,
(b) Details of defaults (amount and nature of defaults),
*“wilful defaulter” here means a person or an issuer who or which is categorized as a wilful
defaulter by any bank or financial institution (as defined under the Act) or consortium
thereof, in accordance with the guidelines on wilful defaulters issued by the RBI.
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(ix) Relationship with Struck off Companies [LLPs not covered presently]
Where the company has any transactions with companies struck off u/s 248 of the CA-
2013 or section 560 of CA-1956, the Company shall disclose the following details:—
Name of Nature of transactions with struck-off Balance Relationship with the
struck off Company outstanding Struck off company, if
Company any, to be disclosed
Investments in securities
Receivables
Payables
Shares held by stuck off company
Other outstanding balances (to be
specified)
Significant Amendments in Schedule III under CA-2013
Y. Additional Regulatory Information…….
(x) Registration of charges or satisfaction with ROC
Where any charges forRegistration for Creation or Modification or
satisfaction yet to be registered with ROC beyond the statutory period, details and
reasons thereof shall be disclosed.