This newsletter contains various Compliance requirements for the Month of February, 2026under various Statutory Laws.
In today’s rapidly evolving regulatory landscape, staying abreast of the latest compliance requirements is not just a best practice, but an absolute necessity. The sheer volume and complexity of regulations across various sectors can be daunting, and the consequences of non-compliance — ranging from hefty fines and reputational damage to legal penalties — underscore the critical importance of a proactive and informed approach.
“A robust Corporate Governance framework is the compass that guides an organization towards long-term success, ensuring transparency and accountability at every step.”
Compliance Requirement Under:
1. Foreign Exchange Management Act, 1999 (FEMA) and Important Notifications
2. Income Tax Act, 1961
3. Goods & Services Tax Act, 2017 (GST) and Important Updates / Circulars
4. Other Statutory Laws and Updates
5. SEBI (Listing Obligations & Disclosure Requirements) (LODR) Regulations, 2015
6. SEBI (Prohibition of Insider Trading) Regulations, 2015
7. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
8. SEBI (Buyback of Securities) Regulations, 2018
9. SEBI (Depositories and Participants) Regulations 2018) and Circulars / Notifications
10. Companies Act, 2013 (MCA/ROC Compliance) and Notifications
11. MSME Key Updates
12. Insolvency and Bankruptcy Board of India (IBBI) Updates
13. Cabinet Decisions / New Acts
14. Competition Commission of India (CCI) Updates
We encourage you to engage with the content, share your feedback, and reach out with any questions or topics you’d like to see covered in future editions. Your insights are invaluable as we continue to refine and enhance this resource for our community.
Key Compliances under FEMA / RBI
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / (Filing mode)
FEMA ACT 1999
15th July 2026
Annual return on Foreign Liabilities and Assets (FLA) is required to be submitted by all the companies which have received FDI and/or made overseas investment in any of the previous year(s), including the current year.
FLA
FEMA ACT 1999
Not later than 30 days from the date of issue of Capital instrument
FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India.
Form FC-GPR
FEMA ACT 1999
Within 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier.
Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS. The onus of reporting shall be on the resident transferor/ transferee.
Form FC-TRS.
FEMA ACT 1999
Within 30 days from the date of receipt of the amount of consideration.
A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1
Form FDI LLP-I
FEMA ACT 1999
within 60 days from the date of receipt of funds in
A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non-resident (or vice versa)
Form FDI LLP-II
FEMA ACT 1999
within 30 days from the date of allotment of capital instruments
The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts
Downstream statement -Form DI & reporting at FIFP too
FEMA ACT 1999
7th Feb., 2026 Within 7 working days of the end of the month to which it relates.
The borrowers are required to report actual ECB transactions through Form ECB- 2 Return through the AD Category I bank on monthly basis.
Form ECB 2
RBI Circulars / Notifications: January, 2026
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Particulars of the Circulars
Link
1
Reserve Bank of India (Non-Banking Financial Companies – Concentration Risk Management) Amendment Directions, 2026
Modified Interest Subvention Scheme for Short Term Loans for Agriculture and Allied Activities availed through Kisan Credit Card (KCC) during the financial year 2025-26
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of December, 2025
14.02.2026
2.
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2025
14.02.2026
3
Due date for issue of TDS Certificate for tax deducted under section 194M in the month of December, 2025
14.02.2026
4
Due date for issue of TDS Certificate for tax deducted under section 194S (by specified person) in the month of December, 2025
14.02.2026
5
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of January, 2026 has been paid without the production of a challan
15.02.2026
6
Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending December 31, 2025
15.02.2026
8
Challan-cum-Statement (Form 26QB/26QC/26QD): Deadline to furnish statements for TDS on property, rent, or professional payments.
28.02.2026
Important Notifications – For the month of Jan. – 2026:
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Particulars of the Notification(s)
File No. / Circular No.
Link(s)
1.
Excel Utilities for filing Updated Return in ITR-1 to 7 for AY 2025-26 are available now for filing.
a) Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY
Tax period
Due Date
Particulars
Jan., 2026
20th February, 2026
Due Date for filling GSTR – 3B return for the month of Jan, 2026 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year.
b). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
Tax period
Due Date
Particulars
Jan., 2026
22nd February, 2026
Due Date for filling GSTR – 3B return for the month of Jan, 2026 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
c). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
Tax period
Due Date
Particulars
Jan., 2026
24th February, 2026
Annual Turnover Up to INR 5 Cr in Previous FY But Opted Quarterly Filing
Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
B. Filing Form GSTR-1:
Tax period
Due Date
Remarks
Monthly return (Jan., 2026)
11.02.2026
1. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores during preceding year. 2. Registered person, with aggregate turnover of less then INR 5 Crores during preceding year, opted for monthly filing of return under QRMP.
C. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.02.2026
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.02.2026
D. GSTR – 1 QRMP monthly / Quarterly return
Form No.
Compliance Particulars
Timeline
Due Date
Details of outward supply-IFF & Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
GST QRMP monthly return due date for the month of Jan., 2026 (IFF). Applicable for taxpayers with Annual aggregate turnover up to Rs. 1.50 Crore. Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
13th of succeeding month – Monthly Quarterly Return
13.02.2026
E. GST Refund:
Form No.
Compliance Particulars
Due Date
RFD -10
Refund of Tax to Certain Persons
2 years from the last day of the quarter in which supply was received
F. Monthly Payment of GST – PMT-06:
Compliance Particular
Due Date
Due Date of payment of GST for a taxpayer with Aggregate turnover up to INR 5 crores during the previous year and who has opted for Quarterly filing of return under QRMP.
25.02.2026
G. GSTR 11: Statement of inward supply of goods or services or both received by UIN holders –due date 28.02.2026
GSTR-11 is the return to be filed by the persons who have been issued a Unique Identity Number and claims a refund of the taxes paid on their inward supplies.
Due date:Must be filed by the 28th of the month following the month in which inward supply is received by the UIN holders.
GST UPDATES – January, 2026:
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Notification Particulars
Notification No.
Link (s)
1.
Advisory on Filing Opt-In Declaration for Specified Premises, 2025
Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015
A. Regular / Annual Compliances:
Reg No
Regulation No
Particulars
Timeline
47 Advertisements in Newspapers.
47 (1) Publish financial results advertisement in newspapers.
1 English National Daily + 1 Regional Daily (at Registered Office location). Must contain a QR Code and a link to the webpage where complete results are available. (Information must be sent to the Exchange at the same time it is sent for publication.)
Within 48 hours of the conclusion of the Board Meeting.
46 Website
46(2)(s)
The listed entity shall disseminate the required information under a separate section on its website: (s) separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year.
At least 21 days prior 1 days prior to the date of AGM
Annual Disclosure requirements for large entities
Circular No. SEBI/HO/DDHS/CIR/P/2018/144
Annual Disclosure to be made by an entity identified as a Large Corporates Reporting the details of incremental borrowings and the percentage raised through debt (Annexure B1/B2).
Within 45 days of the end of the FY
B. Other Quarterly compliance which included half year compliance except
FR (Financial Results)
Reg No
Regulation No
Particulars
Timeline
Intimation
Reg 29 read with Reg 33*
intimation regarding item specified in clause 29(1) be discussed at the meeting of board of directors shall be given at least Two working days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors.
at least 2 working days in advance, excluding the date of the intimation and date of the meeting
Intimations and Disclosure of events or information to Stock Exchanges.
87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III
The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information:
not later than 24 HOURS from occurrence of the event or information.
Valuation, Rating and NAV disclosure.
87C(1) (iii)
An issuer whose security receipts are listed on a stock exchange shall ensure that:(iii) the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter.
Certificate from Practicing Company Secretary.
Regulation 40 (9) (Regulation 40 (10)- certificate mentioned at sub-regulation (9), shall befiled with the stock exchange(s) simultaneously.)
The listed entity shall ensure that the share transfer agent and/or the in-house share transfer facility, as the case may be, produces a certificate from a practicing CS within 30 days from the end of the FY, certifying that all certificates have been issued within thirty days of the date of lodgement for transfer, subdivision, consolidation, renewal, exchange or endorsement of calls/ allotment monies.
Indian Depository Receipt holding pattern & Shareholding details.
69(1)
The listed entity shall file with the stock exchange the Indian Depository Receipt holding pattern on a quarterly basis within fifteen days of end of the quarter in the format specified by the Board.
C. Event based Compliances
Regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
Reg. No.
Description / Category
Compliance Details(What to Disclose)
Disclosure Timeline
30(2)
Deemed Material Events (Schedule III, Part A, Para A)
Events like strikes, lock-outs, change in name, frauds/ defaults by KMPs/ Promoters, and acquisition/ disposal of units.
As soon as possible, and not later than 24 hours from occurrence.
30(4)
Materiality-Based Events (Schedule III, Part A, Para B)
Events like commencement of commercial production, capacity addition, or product launch, based on the company’s Materiality Policy.
As soon as possible, and not later than 24 hours from occurrence.
Materiality-Based Events (Schedule III, Part A, Para B)
Events like commencement of commercial production, capacity addition, or product launch, based on the company’s Materiality Policy.
As soon as possible, and not later than 24 hours from occurrence.
Quantitative Thresholds (New)
Disclosure is mandatory if the value/impact exceeds the lower of: 1. 2% of turnover 2. 2% of net worth 3. 5% of average profit/loss (last 3 years).
Same as above (within 24 hours of identifying the impact).
Outcome of Board Meetings
Decisions on Dividends, Buy-backs, Financial Results, Fund-raising (Rights Issue/QIP), and Voluntary Delisting.
Within 30 minutes of the closure of the Board Meeting.
Market Rumour Verification
Top 100 (from Oct 2023) / Top 250 (from April 2024) entities must confirm, deny, or clarify material market rumours.
Within 24 hours from the reporting of the event in mainstream media.
Website Disclosure
All disclosures made to stock exchanges must be hosted on the company’s website.
Within 2 working days of disclosure; host for min. 5 years.
Regulatory Actions
Disclosures of any search, seizure, or action by enforcement/regulatory authorities.
As soon as possible; typically within 24 hours.
6. SEBI (Prohibition of Insider Trading) Regulations, 2015
Reg. No.
Compliance Description
Compliance Details
Timeline / Frequency
3(5) & 3(6)
Structured Digital Database (SDD)
Maintain a digital database containing the nature of UPSI and the names of persons with whom information is shared along with their PAN. The database must be non-tamperable and maintained internally.
Real-time (Entry must be made upon sharing UPSI). Retention: 8 years.
7(1)(a)
Initial Disclosure
Every person being appointed as a KMP/Director or becoming a Promoter/Member of Promoter Group must disclose their holding of securities.
Within 7 days of such appointment or becoming a promoter.
7(2)
Continual Disclosure
Promoters, members of promoter group, designated persons, and directors must disclose the number of securities acquired or disposed of if the value exceeds ₹10 Lakhs.
Within 2 trading days of the transaction.
8(1)
Code of Fair Disclosure
The Board of Directors must formulate and publish on its website a code of practices and procedures for fair disclosure of UPSI.
One-time (Amendments to be intimated to stock exchanges immediately).
9(1)
Code of Conduct
The Board must formulate a code of conduct to regulate, monitor, and report trading by its designated persons and their immediate relatives.
Continuous adherence (Review at least once a year).
Schedule B (Cl. 4)
Trading Window Closure
Restrict trading by Designated Persons during the period when UPSI is expected to be available (e.g., Financial Results).
From end of quarter till 48 hours after results are made public.
Schedule B (Cl. 10)
Pre-clearance of Trades
Designated persons must seek pre-clearance from the Compliance Officer for trades above a certain threshold (defined in the CoC).
Prior to execution of the trade.
Schedule B (Cl. 14)
Contra-trade Restriction
Designated persons are prohibited from executing a “contra-trade” (opposite trade) for a specific period after a transaction.
Within 6 months of the prior trade.
7. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
Regulation No.
Description
Compliance Details
Timeline / Frequency
Reg 8A
Promoter Shareholding Calculation
Promoters’ holdings for “Offer for Sale” (OFS) must be calculated based on shareholding as of the date of filing the Draft Offer Document.
At the time of filing DRHP
Reg 9 & 95
Reporting of Transactions
Report all transactions in securities by the promoter/promoter group and any Pre-IPO placements to the Stock Exchanges.
Within 24 hours of the transaction
Reg 15 & 16
Promoter Lock-in & CapEx
If issue proceeds are used for CapEx (including loan repayment for CapEx), promoter contribution is locked for 3 years (otherwise 18 months).
From the date of allotment
Reg 17
Lock-in of Pledged Shares
Pledged shares held by non-promoters are now deemed “locked-in.” If the pledge is invoked, the lock-in transfers to the lender.
For 6 months post-allotment
Reg 25
Public Announcement (DRHP)
Issuer must make a public announcement in newspapers (English, Hindi, and Regional) within a specific timeframe of filing.
Within 2 working days of filing DRHP
Reg 26
Public Comments on DRHP
The draft offer document must be hosted on SEBI/Exchange websites for public review.
Minimum 21 days from the Public Announcement
Reg 43 & 141
Pre-Issue Advertisement
Notice must be published in the same newspapers where the public announcement was made.
After filing RHP, before issue opens
Reg 71
Rights Issue Filing
Submission of the draft letter of offer to Stock Exchanges and the Board for dissemination.
At the time of filing with the Board
Reg 85
Issue Opening (Rights)
The rights issue must open within a timeframe specified by SEBI from the date of observations.
As specified by SEBI (periodic)
Reg 175
QIP Placement Document
Placement document must contain all material info, simplified under the 2025 rationalization to avoid duplication of LODR data.
Before opening the QIP
Reg 281A
Exit to Dissenting Shareholders
Promoters must provide an exit option if there is a change in the “Objects of the Issue” or variation in contract terms.
Post-listing (if objects change)
Schedule VI
Disclosure of Litigation
Mandatory disclosure of all criminal proceedings and regulatory actions against KMP and Senior Management.
Ongoing / Update in Offer Doc
Schedule VI
Material Agreements
Disclosure of all material agreements (as per SEBI LODR) must now be included in the offer document.
At the time of filing DRHP/RHP
Schedule VI
Proforma Financials
Voluntary disclosure allowed for acquisitions/divestments even if below the 20% materiality threshold.
Included in Offer Document
8. SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)
Reg. No.
Description
Compliance Details
Timeline
5(i)
Board Approval
Buy-back must be authorized by a resolution passed by the Board of Directors. (Limited to 10% of total paid-up equity capital + free reserves).
Date of the Board Meeting.
5(i)(b)
Special Resolution
If buy-back exceeds 10% (up to 25%), a special resolution must be passed by shareholders.
Within 45 days of Board approval (via Postal Ballot).
5(vi)
Filings with SEBI/Exchanges
Copy of the Board resolution/Special resolution must be filed with SEBI and Stock Exchanges.
Within 2 working days of passing the resolution.
Public Announcement
A public announcement must be made in newspapers (English, Hindi, and Regional language) after the board/shareholder approval.
Within 2 working days of the resolution/result declaration.
Filing Letter of Offer
The company must file a draft Letter of Offer with SEBI through a Merchant Banker.
Within 2 working days of the Public Announcement.
Dispatch of Letter of Offer
The Letter of Offer must be dispatched to the shareholders of the company.
Within 2 working days from the record date.
Record Date
Date for determining the entitlement and names of shareholders who are eligible to participate.
Not less than 7 working days and not more than 10 working days from the date of public announcement.
Opening of Offer
The buy-back offer shall open for subscription.
Within 4 working days from the record date.
Closing of Offer
The period for which the buy-back offer remains open.
Shall remain open for 5 working days.
Escrow Account
Opening of an escrow account and depositing the required amount (25% for first ₹100 Cr; 10% thereafter).
On or before the opening of the offer.
Verification of Tenders
Verification of buy-back tenders by the company/registrar.
Within 3 working days from the date of closure of the offer.
Payment of Consideration
Completion of payment to shareholders whose offers are accepted.
Within 5 working days from the date of closure of the offer.
Extinguishment of Shares
Physical destruction/extinguishment of share certificates or securities in dematerialized form.
Within 7 days of the completion of the buy-back.
Post-Buy-back Report
Filing of a certificate of extinguishment and completion with SEBI.
Within 15 days of the completion of the buy-back.
Restriction on Fresh Issue
Prohibition on making a further issue of the same kind of shares (including rights issue).
For a period of 6 months from the expiry of the buy-back period.
9. SEBI (Depositories and Participants) Regulations 2018)
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Particulars
Due Date
1.
Regulation 76 -Reconciliation of Shares and Capital Audit.
Within 30 days from end of quarter.
2.
Regulation 74 (5): Processing of demat requests form by Issuer/RTAs – Certificate Received from Registrar.
Within 15 days from the end of each quarter.
SEBI Circulars Tracker: January, 2026
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Particulars
Link
1.
Ease of Doing Investment – Doing Away with Letter of Confirmation and Direct Credit of Securities to Dematerialization Accounts
Master Circular for compliance with the provisions of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 by listed entities
Ease of Doing Investment and Ease of Doing Business – Doing away with requirement of issuance of Letter of Confirmation (“LOC”) and to effect direct credit of securities in dematerialisation account of the investor
SEBI and IEPFA Conducted the fifth “Niveshak Shivir” at Bengaluru – Proactive Joint Initiative to Minimize Unclaimed Assets and Facilitate Investor Claims for Unpaid Dividends and Shares
Extension of timeline for implementation of additional incentives structure for distributors for onboarding new individual investors from B-30 cities and women investors
Specification of the consequential requirements with respect to Amendment of Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992
10. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / Filing mode
Companies Act, 2013
Within 15 days of appointment of an auditor.
The Ministry in its General Circular No. 12/2018 dated 13th December, 2018 clarified that filing of Form NFRA-1 is applicable only for Bodies Corporate and ruled out filing by Companies as defined under sub-section (20) of Section 2 the Act.
E – FormNFRA -1
Companies Act, 2013
Within 30 days of the board meeting
Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed.
MGT-14 (Filing of resolution with MCA)
Companies Act, 2013
One Time compliances
Registration of Entities for undertaking CSR activities – Trust/ Society/ Section 8 Company need to file before Acceptance of Donation as CSR w.e.f. 01st April 2021.
E-FormCSR-1
Companies Act, 2013
30th April, 2026 (for Oct.2025 to Mar. 2026)
Pursuant to Order dated 22 January, 2019 issued under Section 405 of the Companies Act, 2013, specified companies shall submit a half yearly return to MCA in respect of outstanding payments to Micro or Small Enterprises exceeding 45 days.
MSMEForm 1
Companies Act, 2013
Annual Compliance 30th September 2025
Last date for filing DIR-3 KYC for every Financial year is 30th September.For Every DIN / DPIN Holders.Penalty after due date is Rs. 5000/-(one time)
DIR – 3 KYC / DIR 3 Web- KYC
Companies Act, 2013
Within 60 (sixty) days from the conclusion of each half year.
Reconciliation of Share Capital Audit Report (Half-yearly)Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014
E-Form PAS – 6
Companies Act, 2013
With in 60 days from the last day of its financial year.
Every foreign company shall prepare and file, within sixty days from the last day of its financial year, to the Registrar annual return in Form FC4.
FC-4
Companies Act, 2013
within a period of 60 days after the holding of AGM
IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 Statement of unclaimed and unpaid amounts. This e-form shall be filed within a period of 60 days after the holding of AGM or the date on which it should have been held as per the provisions of section 96 of the Act, whichever is earlier.
IEPF -2
Companies Act, 2013
Within 30 days from the conclusion of half year
Return of Nidhi Company for the half year: Every nidhi company shall file half yearly return in e-form NDH-3 within 30 days of conclusion of half year duly certified by Practicing Professional having Valid COP.
NDH – 3
Important Updates – January, 2026
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Particulars of the Circulars
Link
1
MCA to set up 03 new Regional Directorates (RDs) and 06 new Registrar of Companies (ROCs)
11. MSME (Ministry of Micro, Small and Medium Enterprises)
MSME stands for Micro, Small and Medium Enterprises. In a developing country like India, MSME industries are the backbone of the economy.
Micro, Small, and Medium Enterprises (MSMEs) form the backbone of the Indian economy, playing a pivotal role in employment generation, fostering innovation, promoting inclusive growth, and significantly contributing to the nation’s GDP and exports. Governed by the MSMED Act, 2006, these enterprises are vital for both the manufacturing and service sectors.
Key Updates – for the month of January – 2026
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Particulars
Link
1
Budget 2026-27 announces Rs 10,000 crore SME Growth Fund; push to boost MSME liquidity and professional support
This Compliance Calendar / Tracker is updated till 31st January, 2026 with all Laws / Regulations and their respective amendments.
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 (PIB, ET, BS & HT etc.).
The Telangana Government has issued orders to change all references of “TS” to “TG” in the names of State PSUs, agencies, autonomous institutions, and other government bodies. As a result, the Corporate Identification Numbers (CIN) of all companies in Telangana have been updated from “TS” to “TG,” and the master data has been updated on the MCA portal.
Here’s a list of things that one needs to look out for: The Income Tax Department has made it mandatory for PAN holders to link it with Aadhaar by the end of March this year or it will be rendered ‘inoperative.’
Individuals will be restricted from filing the income-tax return or accessing PAN-related services failing to link Aadhaar and PAN card by 31 March, 2023.
“After 31st March 2023, the PAN of taxpayers who fail to intimate their Aadhaar, as required, shall become inoperative and all the consequences under the Act for not furnishing, intimating or quoting the PAN shall apply to such taxpayers,” the Central Board of Direct Taxes (CBDT) said in a notification on March 30, 2022.
A late fee of ₹1,000 will be applicable to link PAN and Aadhaar.
Advance tax payment
The last date to pay final installment of advance tax payment for Financial year 2022 – 2023 is 15th March, 2023, according to the Income Tax department. On this date 100 per cent of advance tax liability has to be paid by taxpayers.
As per section 208 of the Income Tax Act, every person whose estimated tax liability for the year is Rs. 10,000 or more, shall pay his tax in advance, in the form of “advance tax”.
However, a resident senior citizen (i.e., an individual of the age of 60 years or above during the relevant financial year) not having any income from business or profession is not liable to pay advance tax.
Advance tax is tax payable by individuals who have sources of income other than their salary. This is applicable to rent, capital gains from shares, fixed deposits, lottery winnings, etc.
File updated ITR for FY19-20
The deadline to file updated income tax return (ITR) for FY 2019-20 is March 31, 2023.
Taxpayers who missed filing it for FY19-20 or have missed reporting any income can file an updated ITR or ITR-U. The Finance Act of 2022 introduced the concept of updated returns to allow a longer duration for an assessee to file the return of income.
Updated return can be filed within 24 months from the end of the relevant assessment year, subject to certain conditions.
Investing in Pradhan Mantri Vaya Vandana Yojana
Pradhan Mantri Vaya Vandana Yojana (PMVVY), introduced in 2019, provides a regular income to senior citizens. The last date to invest in it is 31 march, 2023.
Anyone above the age of 60 years can participate in the scheme, and there is no maximum entry age, with a tenure of 10 years from the date of issue.
Presently, the scheme offers an interest rate of 7.4 per cent per annum. The interest rate remains the same for the entire tenure of 10 years. Senior citizen can invest a maximum amount of ₹15 lakh in PMVVY.
Tax saving investment
The deadline for tax-saving investments for FY2022-23 will end on March 31, 2023. This is important for ones who opt for the old tax regime for the financial year 2022-23. Taxpayers can claim various deductions for their investments under the old tax regime.
If you fall into taxable income category and have not yet done any tax saving for the soon to be FY 2022-23. One of popular deductions is section 80 which allows a taxpayer to claim a deduction of up to ₹1.5 lakh from various investments including premiums paid for life insurance policies, PPF, and ELSS among others. The other one is 80D, which is premiums paid for health insurance policies. An additional deduction of ₹50,000 for investing in the National Pension System (NPS).
Tax Compliance Tracker – March, 2023
Compliance requirement under Income Tax act, 1961
Sl.
Compliance Particulars
Due Dates
1
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of January, 2023
02.03.2023
2.
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of January, 2023
02.03.2023
3
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194M in the month of January, 2023
02.03.2023
4
Due date for deposit of Tax deducted/collected for the month of February, 2023. However, all sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
07.03.2023
5
Fourth instalment of advance tax for the assessment year 2023-24
15.03.2023
6
Due date for payment of whole amount of advance tax in respect of assessment year 2023-24 for assessee covered under presumptive scheme of section 44AD / 44ADA
15.03.2023
7
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of February, 2023 has been paid without the production of a Challan
15.03.2023
8
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of January, 2023
17.03.2023
9
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of January, 2023
17.03.2023
10
Due date for issue of TDS Certificate for tax deducted under section 194M in the month of January, 2023
17.03.2023
11
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of February, 2023
30.03.2023
12
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of February, 2023
30.03.2023
13
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194M in the month of February, 2023
30.03.2023
14
Country-By-Country Report in Form No. 3CEAD for the previous year 2021-22 by a parent entity or the alternate reporting entity, resident in India, in respect of the international group of which it is a constituent of such group
31.03.2023
15
Country-By-Country Report in Form No. 3CEAD for a reporting accounting year (assuming reporting accounting year is April 1, 2021 to March 31, 2022) by a constituent entity, resident in India, in respect of the international group of which it is a constituent if the parent entity is not obliged to file report under section 286(2) or the parent entity is resident of a country with which India does not have an agreement for exchange of the report etc.
31.03.2023
16
Uploading of statement [Form 67], of foreign income offered to tax and tax deducted or paid on such income in previous year 2021-22, to claim foreign tax credit [if return of income has been furnished within the time specified under section 139(1) or section 139(4)
31.03.2023
2. Compliance Requirement under GST, 2017
A. Filing of GSTR –3B / GSTR 3B QRMP
a) Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY
Tax period
Due Date
Particulars
February, 2023
20th March, 2023
Due Date for filling GSTR – 3B return for the month of February, 2023 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year. Due Date for filling GSTR – 3B return for the quarter of January to March 2022 for the taxpayer with Aggregate turnover up to INR 5 crores during the previous year and who has opted for Quarterly filing of return under QRMP.
b). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
Tax period
Due Date
Particulars
February, 2023
22nd March, 2023
Due Date for filling GSTR – 3B return for the month of February, 2023 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
c). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
Tax period
Due Date
Particulars
February, 2023
24th March, 2023
Annual Turnover Up to INR 5 Cr in Previous FY But Opted Quarterly Filing
Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
B. Filing Form GSTR-1:
Tax period
Due Date
Remarks
Monthly return (February, 2023)
11.03.2023
1. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores during preceding year. 2. Registered person, with aggregate turnover of less then INR 5 Crores during preceeding year, opted for monthly filing of return under QRMP.
C. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.03.2023
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.03.2023
D. GSTR – 1 QRMP monthly / Quarterly return
Form No.
Compliance Particulars
Timeline
Due Date
Details of outward supply-IFF & Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
GST QRMP monthly return due date for the month of April, 2022 (IFF). Applicable for taxpayers with Annual aggregate turnover up to Rs. 1.50 Crore. Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
13th of succeeding month – Monthly Quarterly Return
13.03.2023
E. GST Refund:
Form No.
Compliance Particulars
Due Date
RFD -10
Refund of Tax to Certain Persons
18 Months after the end of quarter for which refund is to be claimed
F. Monthly Payment of GST – PMT-06:
Compliance Particular
Due Date
Due Date of payment of GST for a taxpayer with Aggregate turnover up to INR 5 crores during the previous year and who has opted for Quarterly filing of return under QRMP.
25.03.2023
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.
Due date for deposit of Tax deducted/collected for the month of January, 2023. However, all the sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
07.02.2023
2.
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of December, 2022
14.02.2023
3
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2022
14.02.2023
4
Due date for issue of TDS Certificate for tax deducted under section 194M in the month of December, 2022
14.02.2023
5
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of January, 2023 has been paid without the production of a challan
15.02.2023
6
Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending December 31, 2022
15.02.2023
2. COMPLIANCE REQUIREMENT UNDER GST, 2017
A. Filing of GSTR –3B / GSTR 3B QRMP
a) Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY
Tax period
Due Date
Particulars
January, 2023
20th February,2023
Due Date for filling GSTR – 3B return for the month of December, 2022 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year. Due Date for filling GSTR – 3B return for the quarter of January to March 2022 for the taxpayer with Aggregate turnover up to INR 5 crores during the previous year and who has opted for Quarterly filing of return under QRMP.
b). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
Tax period
Due Date
Particulars
January, 2023
22nd February,2023
Due Date for filling GSTR – 3B return for the month of December, 2022 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
c). Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
Tax period
Due Date
Particulars
January, 2023
24th February,2023
Annual Turnover Up to INR 5 Cr in Previous FY But Opted Quarterly Filing
Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
B. Filing Form GSTR-1:
Tax period
Due Date
Remarks
Monthly return(January, 2023)
11.02.2023
1. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores during preceding year. 2. Registered person, with aggregate turnover of less then INR 5 Crores during preceeding year, opted for monthly filing of return under QRMP.
C. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.02.2023
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.02.2023
D. GSTR – 1 QRMP monthly / Quarterly return
Form No.
Compliance Particulars
Timeline
Due Date
Details of outward supply-IFF & Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
GST QRMP monthly return due date for the month of April, 2022 (IFF). Applicable for taxpayers with Annual aggregate turnover up to Rs. 1.50 Crore. Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
13th of succeeding month – Monthly Quarterly Return
13.02.2023
E. GST Refund:
Form No.
Compliance Particulars
Due Date
RFD -10
Refund of Tax to Certain Persons
18 Months after the end of quarter for which refund is to be claimed
F. Monthly Payment of GST – PMT-06:
Compliance Particular
Due Date
Due Date of payment of GST for a taxpayer with Aggregate turnover up to INR 5 crores during the previous year and who has opted for Quarterly filing of return under QRMP.
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.
This article contains various Compliance requirements for the Month of January, 2022 under various Statutory Laws. Compliance means “adhering to rules and regulations. ”Compliance is a continuous process of following laws, policies, and regulations, rules to meet all the necessary governance requirements without any failure.
If you think compliance is expensive, try non‐ compliance”
8.SEBI (Prohibition of Insider Trading) Regulations, 2015
9.SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
10.SEBI (Buyback of Securities) Regulations, 2018
11. SEBI (Depositories and Participants) Regulations 2018) and Circulars
12.Insolvency and Bankruptcy Board of India (IBBI) Updates
13. NBFC Compliance Overview
14.NCLT & NCLAT Updates
15. Competition Commission of India
16. IRDAI – Insurance Sector Updates
17. Cabinet Decisions / New Acts
Compliance requirement under Income Tax act, 1961
Sl.
Compliance Particulars
Due Dates
1
Due date of depositing TDS/TCS liabilities under Income Tax Act, 1961 for previous month.
07.01.2022
2.
Due date for deposit of TDS for the period October 2021 to December 2021 when Assessing Officer has permitted quarterly deposit of TDS under section 192, section 194A, section 194D or section 194H.
07.01.2022
3
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of November, 2021.
14.01.2022
4
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of November, 2021.
14.01.2022
5
Due date for issue of TDS Certificate for tax deducted under section 194M in the month of November, 2021.
14.01.2022
6
Due date for filing of audit report under section 44AB for the assessment year 2021-22 in the case of a corporate-assessee or non-corporate assessee (who was required to submit his/its return of income on October 31, 2021) – extended date
15.01.2022
7
Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of December, 2021 has been paid without the production of a challan.
15.01.2022
8
Quarterly statement of TCS for the quarter ending December 31,2021.
15-01-2022
9
Quarterly statement in respect of foreign remittances (to be furnished by authorized dealers) in Form No. 15CC for quarter ending December, 2021.
15-01-2022
10
Due date for furnishing of Form 15G/15H declarations received during the quarter ending December, 2021.
15-01-2022
11
Quarterly TCS certificate in respect of quarter ending December 31, 2021.
30-01-2022
12
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of December, 2021.
30-01-2022
13
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of December, 2021.
30-01-2022
14
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194M in the month of December, 2021.
30-01-2022
15
Quarterly statement of TDS for the quarter ending December 31, 2021.
31-01-2022
16
Quarterly return of non-deduction at source by a banking company from interest on time deposit in respect of the quarter ending December 31, 2021.
31-01-2022
17
Intimation under section 286(1) in Form No. 3CEAC, by a resident constituent entity of an international group whose parent is non-resident.
31-01-2022
18
Audit report under section 44AB for the assessment year 2021-22 in the case of an assessee who is also required to submit a report pertaining to international or specified domestic transactions under section 92E. The due date for furnishing of audit report for Assessment Year 2021-22 has been extended from October 31, 2021 to November 30, 2021 vide Circular no. 9/2021, dated 20-05-2021. The due date for furnishing of audit report for Assessment Year 2021-22 has been further extended from November 30, 2021 to January 31, 2022 vide Circular no. 17/2021, dated 09-09-2021.
31-01-2022
Income Tax Due Date – Extensions
Sl.
Nature of Extension
Provisions / Forms of IT Act 1961
Earlier Due Date
Extended Due Date
1
The application in Form No. 10A/ Form No.10AB, for registration/ provisional registration/ intimation/ approval/ provisional approval of Trusts/ Institutions/ Research Associations etc.,
Under Section 10 (23C), 12AB, 35 (1) (ii) /(iia) / (iii) and 80G of the Act
30.06.2021
31.03.2022
2
Return of income for the assessment year 2021-22 in the case of an assessee if he/it is required to submit a report under section 92E pertaining to international or specified domestic transaction(s)
under section 92E
31.12.2021
28.02.2022
3
Filing of belated/revised return of income for the assessment year 2021-22 for all assessee (provided assessment has not been completed before December 31, 2021).
Belated/revised return of income for the assessment year 2021-22
31.01.2022
31.03.2022
Importatnt updates – December, 2021:
1. Pay zero income tax on Rs 10 lakh salary; check calculation to save money
Taxpayers earning above Rs 10 lakh usually cough up thousands of rupees as income tax, if not lakhs. However, by investing in the right tools, you won’t have to pay a single penny.
axpayers earning above Rs 10 lakh cough up thousands of rupees as income tax. However, there are several methods using which taxpayers can save big on income tax even if the salary is a bit more than Rs 10 lakh. If you use all the right income tax saving options, you may not need to pay a single penny. For taking full advantage of the tax exemption options available to the taxpayers, you will need to calculate the savings and expenses properly. The best part is that you don’t even need a financial manager for this as you can learn the art of saving on income tax by yourself.
How you can save Tax:
Deduct Rs.50000 as the standard tax deduction
You can save up to a maximum of Rs 1.5 lakh by putting your money in investment tools such as EPF, PPF, ELSS, NSC and up to Rs 1.5 lakh annually in the form of tuition fees for two children.
Invest up to Rs 50,000 annually in the National Pension System (NPS) scheme to get a rebate under section 80CCD (1B) of the Income Tax Act.
If you have a home loan to repay and your annual interest is over Rs 2 lakhs, then you can save up to a maximum of Rs 2 lakh under section 24B of income tax.
Further, you can claim a return of up to Rs 25,000 for health insurance premiums. You can save on the premiums of preventive healthcare check-up for spouse, children and yourself under Section 80D of the Income Tax. Moreover, buying health insurance for parents can help you avail of an additional deduction of up to Rs 50,000 if parents should be senior citizens.
2. ITR filing: Why taxpayers need to give quarter-wise breakup of dividend income?
ITR filing last date for AY 2021-22: Last date for income tax return (ITR) filing for assessment year 2021-22 is 31st December.Income tax return: In order to calculate the interest for the default in payment of advance tax liability, taxpayers are now required to give a quarter-wise breakup of dividend income received while filing ITR for AY 2021-22.
Last date for income tax return (ITR) filing for assessment year 2021-22 is 31st December. So, income taxpayers are advised to keep some changes made by the income tax department in mind while ITR filing. Reporting of dividend income while filing ITR is one such change that a taxpayer can’t afford to miss while filing ITR for AY 2021-22. Now, taxpayers need to give quarter-wise breakup of their dividend income. It will help them save income tax outgo.
In order to avoid rejection of one’s ITR form, the taxpayer needs to report dividend income breakup for the span of:
3. PAN card holders may get fined up to ₹10,000 after 31st March. Details here
PAN card holders are advised to link their Permanent Account Number (PAN) with their Aadhaar card number by 31st March 2022. Failing to do this by given deadline will not only lead to their PAN card becoming invalid but it would require a fee of ₹1,000 for PAN Aadhaar linking. The problem of the PAN card holder won’t end here only as the individual won’t be able to invest in mutual funds, stocks, open a bank account, etc. where furnishing a PAN card is must. Apart from this, if the person furnishes the PAN Card, which is no more valid, then under Section 272N of the Income Tax Act 1961, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees.
Under Section 272B of the Income Tax Act, failing to link PAN with one’s Aadhaar will lead to higher TDS and a penalty of ₹10,000. (To know more: Click Here)
Important Notifications – For the month of December – 2021:
Sl.
Particulars of the Notification(s)
File No. / Circular No.
Link(s)
1.
Income Tax Department conducts search operations in Rajasthan
More than 3 crore Income Tax Returns filed on new e-Filing portal of Income Tax Department; Taxpayers who are yet to file their ITRs for AY 2021-22 advised to file at the earliest
Protocol amending the Agreement between the Government of the Republic of India and theGovernment of the Kyrgyz Republic for the Avoidance of Double Taxation and for the Prevention of Fiscal Evasion with respect to taxes on income signed at New Delhi on 13th April, 1999.
More than 3 crore Income Tax Returns filed on new e-Filing portal of Income Tax Department; Taxpayers who are yet to file their ITRs for AY 2021-22 advised to file at the earliest
Advance Tax collections for the F.Y. 2021-22 (Till 3rd Installment) stand at Rs. 4,59,917.10 crore as on 16.12.2021 which shows a growth of approximately 53.50%
a) Taxpayers having aggregate turnover >Rs. 5 Cr. in preceding FY
Tax period
Due Date
No interest payable till
Particulars
December, 2021
20thJanuary, 2022
–
Due Date for filling GSTR – 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year
b). Taxpayers having aggregate turnover uptoRs. 5 crores in preceding FY (Group A)
Tax period
Due Date
No interest payable till
Particulars
December, 2021
22nd January, 2022
Due Date for filling GSTR – 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
c). Taxpayers having aggregate turnover uptoRs. 5 crores in preceding FY (Group B)
Tax period
Due Date
No interest payable till
Particulars
December, 2021
24thJanuary, 2022
Group B States:Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
B. Filing Form GSTR-1:
Tax period
Due Date
Remarks
Monthly return (December, 2021)
11.01.2022
“1. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores during preceeding year. 2. Registered person, with aggregate turnover of less then INR 5 Crores during preceeding year, opted for monthly filing of return under QRMP”
C. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.01.2022
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.01.2022
D. GSTR – 1 QRMP monthly / Quarterly return
Form No.
Compliance Particulars
Timeline
Due Date
Details of outward supply-IFF& Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
GST QRMP monthly return due date for the month of December, 2021 (IFF). Applicable for taxpayers with Annual aggregate turnover up to Rs. 1.50 Crore. Summary of outward supplies by taxpayers who have opted for the QRMP scheme.
13th of succeeding month – Monthly Quarterly Return
13.01.2022
E. GST Refund:
Form No.
Compliance Particulars
Due Date
RFD -10
Refund of Tax to Certain Persons
18 Months after the end of quarter for which refund is to be claimed
F. Other Returns:
Form No.
Compliance Particulars
Timeline
Due Date
CMP – 08
Quarterly challan-cum-statement to be furnished by composition taxpayers. Oct-Dec’21.
Quarterly – Oct. to Dec 2021
18.01.2022
ITC – 04
GST ITC-04 is to be filed to provide details of goods sent to Job Worker or received back.
Quarterly – Oct. to Dec 2021
25.01.2022
G. Annual Returns:
Form No.
Compliance Particulars
Due Date
GSTR – 9
GSTR-9 is Annual Return applicable for registered person with aggregate turnover exceeding INR 2 Crores during the F.Y. 2020-21. However, registered person with aggregate turnoberupto INR 2 Crores have option to file GSTR-9.
28.02.2021
GSTR – 9C
GSTR-9C is reconciliation statement applicable for registered person with aggregate turnover exceeding INR 5 Crores during the F.Y. 2020-21.
28.02.2021
Major Update:
Taxpayers can now withdraw their application for cancellation of registration (filed in Form REG-16) unless the tax officer has initiated action on it.
Aadhaar authentication of registered person is mandatory for filing of Refund/Revocation of cancelled registration applications w. e. from 1.1.2022.
Key UPDATE(s) – December, 2021:
1. GST hike on textiles will put financial burden on 85% population if not withdrawn: Traders to Piyush Goyal
Ease of Doing Business for MSMEs: In November 2021, the government had notified uniform GST at 12 per cent on man made fibre (MMF), MMF yarn, MMF fabrics and apparel to address the inverted tax structure in the MMF textile value chain.
Urging Commerce Minister Piyush Goyal to withdraw proposed GST hike on textiles from 5 per cent to 12 per cent instead of deferring it, traders represented by Confederation of All India Traders (CAIT) on Tuesday said that the hike would put a ‘big financial burden’ on over 85 per cent of people in India who buys clothes of less than a thousand rupees. At a video conference by the Ministry of Textiles, trade associations under the CAIT umbrella said that the sword of GST hike is still hanging over the heads of textile and related businesses even as they thanked the government for postponing the hike for now.
“This increase will affect the country’s textile trade whereas on the other hand more than 85 per cent of the people of the country, who buy clothes of less than one thousand rupees, will have a big financial burden upon them,” CAIT said in a statement citing trade leaders. The government had deferred the GST hike on textiles from 5 per cent to 12 per cent. The decision was taken at the GST Council’s 46th meeting on Friday.(To read more: Click Here)
2. 10 Key GST Amendments with effect from 01.01.2022
The Goods and Services Tax (GST) regime will see a number of changes from January 1, 2022. The government is implementing these changes to prevent evasion and fake billing. The exchequer has been reporting loss due to existing GST structure, which is being mis-utilised by establishments.There will be some procedural changes as well, which will impact e-commerce players and food delivery aggregators, but will spare the end consumers.
The correction in inverted duty structure in footwear and textile sectors would come into effect from January 1 wherein all footwear, irrespective of prices, will attract GST at 12 per cent while all textile products, except cotton, including readymade garments will have 12 per cent GST.
While the passenger transport services provided by auto rickshaw drivers through offline/manual mode would continue to be exempt, such services when provided through any e-commerce platform would become taxable effective January 1, 2022, at 5 per cent rate.
The procedural changes that would come into effect include Swiggy and Zomato being made liable to collect and deposit GST with the government on restaurant services supplied through them from January 1. They would also be required to issue invoices in respect of such services.
There was no mandatory registration check by Swiggy/Zomato and there were unregistered restaurants supplying through these apps.
The other anti-evasion measures which would come into effect from the new year include mandatory Aadhaar authentication for claiming GST refund, blocking of the facility of GSTR-1 filing in cases where the business has not paid taxes and filed GSTR-3B in the immediate previous month.
TheGST law has been amended to allow officers to visit premises to recover tax dues without any prior show-cause notice, in cases where taxes paid in GSTR-3B is lower based on suppressed sales volume, as compared to supply details given in GSTR-1.
Currently, the turnover threshold for GST registration is ₹40 lakh for goods and ₹20 lakh for services.Exemption from mandatory goods and services tax (GST) registration that is currently available for small enterprises with annual revenue of up to ₹40 lakh may soon extend to their sales on online platforms as well, two people aware of the matter said.
According to the people cited above, who requested anonymity, the budget may provide a direction in this regard, even though the GST Council decides on indirect tax matters.
The move is expected to help micro, small and medium enterprises (MSMEs), self-employed individuals, self-help groups, and artisans sell their products online without bearing compliance costs of GST registration. Under GST rules, even if there are no transactions, GST returns must be filed from the month of registration, failing which a penalty is payable.
The proposal would still need to be ratified by the GST Council that decides on tax rates, exemptions, deadlines for GST form submissions and tax-related laws. (To read more – Click Here)
GST UPDATES – from 01.12.2021 to 31.12.2021:
Sl.
Notification Particulars
Notification No.
Link(s)
1.
Module wise new functionalities deployed on the GST Portal for taxpayers
Seeks to bring sub-rule (2) and sub-rule (3), clause (i) of sub-rule (6) and sub-rule (7) of rule 2 of the CGST (Eighth Amendment) Rules, 2021 into force w.e.f. 01.01.2022.
3. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / Filing mode
Companies Act, 2013
Within 180 Days From The Date Of Incorporation Of The Company (one time compliance only)
As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.
MCA E- Form INC 20A(one time compliance)
Companies Act, 2013
First declaration within 90 days from the date of notification Dt. 08.02.2019
A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019 In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.
Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (the date of receipt of declaration in BEN-1 ) CLICK HERE
Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013
Annual Compliance (30.09.2021)
*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2020-21 is 30th September, 2021Annual Exercise:CLICK HEREPenalty after due date is Rs. 5000/-(one time)
E-Form DIR – 3 KYC(Web Based and E-form)
Companies Act, 2013
Within 270 days from the date of deployment of this Form
NFRA-2(NFRA-2 e-Form live since 9th December 2019.)
Companies Act, 2013
Within 15 days of appointment of an auditor.
The Ministry in its General Circular No. 12/2018 dated 13th December, 2018 clarified that filing of Form NFRA-1 is applicable only for Bodies Corporate and ruled out filing by Companies as defined under sub-section (20) of Section 2 the Act.
E – FormNFRA -1
Companies Act, 2013
Within 30 days of the board meeting
Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed.
MGT-14 (Filing of resolution with MCA)
Companies Act, 2013
Within 60 (sixty) days from the conclusion of each half year.
Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014 To be filed all unlisted companies, deemed public companies. Till further clarification to be filled in GNL-2
E-Form PAS – 6
Companies Act, 2013
(Half Yearly basis) 31.10.2021
Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise, can be filed delayed without any Additional Fee
E-Form MSME-1
Companies Act, 2013
One Time compliances
Registration of Entities for undertaking CSR activities – Trust/ Society/ Section 8 Company need to file before Acceptance of Donation as CSR w.e.f. 01st April 2021
E-Form CSR-1
Companies Act, 2013
within a period of 60 days after the holding of AGM
IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 Statement of unclaimed and unpaid amounts. This e-form shall be filed within a period of 60 days after the holdingof AGM or the date on which it should have been held as perthe provisions of section 96 of the Act, whichever is earlier
IEPF -2
LLP Compliance:
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / Filing mode
LLP Act, 2008
30.12.2021 (extended)
Statement of Account and Solvency for Financial Year 2020-21 Within30 days from the end of 6 months of the financial year to which the statement relates. Failure to file LLP Form 8 can incur a penalty of Rs. 100 per day.Late fee will start from 31st October, 2021 – i.e. after the original due date of the return – 30.10.2021
Form LLP-8
Due dates of ROC Return Filings
Sl. No.
Particulars
Due Date
E- Form
1
Appointment of Auditor
Within 15 days from the conclusion of AGM
ADT-1
2
Filing of financial statement and other documents with the ROC
15.02.2022 – due date extended for all Companies including OPC Within 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)
AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL
3
Filing of annual return by a company.
28.02.2022 – due date extended for all Companies including OPC Within 60 days from the conclusion of AGM
MGT-7
4
Filing of annual return by a company.
28.02.2022 – due date extended for all Companies including OPC Within 60 days from the conclusion of AGM – Applicable in respect of Annual Return for the F.Y. 2020-21 and onwards of OPC and small companies.
MGT-7A
KEY UPDATES – December, 2021:
1. MCA to roll out new statutory filing module in early ’22
The new system uses artificial intelligence and machine learning for compliance management and regulatory oversight. The new filing system, developed by L&T Infotech, is now undergoing field trials.
The ministry of corporate affairs (MCA) will roll out its new “intelligent” statutory filing system for corporations and limited liability partnerships (LLPs) early next year after the current filing season, which will peak in January, said a person with knowledge of the development.
The government had earlier given businesses till the end of November to hold their annual general meetings (AGMs) for FY21 and finalize accounts, in view of the covid-19 pandemic. That gives businesses until the end of January, up to two months after holding the AGM, to file their annual returns.
“The most important part of the new e-governance system—MCA21 version 3.0—is the module for the statutory filings of companies and LLPs, which is the interface between businesses and the Registrar of Companies. Once the interface is seamlessly functional, other modules that are for internal use, such as analysis of data or the e-adjudication facility, can be rolled out without any hassle.” (To read more – Click Here)
2. Corp Affairs Ministry giving more leeway for firms to hold AGMs virtually
The corporate affairs ministry on Tuesday provided more leeway for companies in terms of holding annual general meetings in virtual mode.
The corporate affairs ministry on Tuesday provided more leeway for companies in terms of holding annual general meetings in virtual mode.The relaxation will be applicable for companies planning to hold their annual general meetings (AGMs) next year for the financial year 2021-22.
Companies proposing to hold their AGMs in 2022 for the financial year ended/ending any time before/on March 31, 2022 have been allowed to conduct the same through the virtual mode till June 30, 2022, according to a circular.
The companies can conduct their AGMs through video conference (VC) or other audio visual means (OAVM). The ministry also clarified that the circular should not be construed as conferring any extension of time for holding AGMs by the companies under the Companies Act, 2013.”It will provide a breather for companies due to the continuing restrictions (and possible third wave considerations) relating to the pandemic.” (To read more: Click Here)
3. Companies spent Rs 1.09 lakh cr towards CSR activities in 7 years: Corporate Affairs Ministry
Companies shelled out Rs 1.09 lakh crore towards various CSR activities, including those related to health, education and poverty eradication, under the companies law in the last seven financial years, according to the corporate affairs ministry.
Under the Companies Act, 2013, certain class of profitable entities are required to spend at least 2 per cent of their three-year annual average net profit towards Corporate Social Responsibility (CSR) activities during a fiscal.
Noting that the CSR architecture is disclosure-based, Singh said the philosophy is to engage corporates as partners in the socio-economic development of the country by leveraging their managerial efficiency, best practices, technology and innovation in the delivery of public good and services.
On the basis of filings made by the companies in the MCA21 registry till September 30, 2021, a cumulative amount of Rs 85,109.09 crore has been spent by companies under CSR during the financial years 2016-17 to 2020-21, Singh said. Out of the total amount, Rs 46,654.52 crore have been spent by the top 100 companies during the same period.
Relaxation on levy of additional fees is given till 15.02.2022 for filing of e-forms AOC-4, AOC-4 (CFS), AOC-4, AOC-4 XBRL AOC-4 Non-XBRL and 28.02.2022 for MGT-7/MGT-7A for the financial year ended on 31.03.2021 || To avoid any last-minute payment transaction issues, Stakeholders may avail ‘Pay Later option’ for form filings and save the challan which gets generated on the screen for future reference
Invitation of comments from public on proposed changes to the Corporate Insolvency Resolution and Liquidation Framework under Insolvency and Bankruptcy Code, 2016
Clarification on passing of Ordinary and Special resolutions by the companies under the Companies Act, 2013 read with rules made thereunder on account of COVID-19-Extention of timeline-reg.
Not later than 30 days from the date of issue of Capital instrument
FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India.
Form FC-GPR
FEMA ACT 1999
With in 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier.
Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS. The onus of reporting shall be on the resident transferor/ transferee.
Form FC-TRS.
FEMA ACT 1999
within 30 days from the date of receipt of the amount of consideration.
A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1
Form FDI LLP-I
FEMA ACT 1999
within 60 days from the date of receipt of funds in
A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non resident (or vice versa)
Form FDI LLP-II
FEMA ACT 1999
within 30 days from the date of allotment of capital instruments
The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts
Downstream statement -Form DI & reporting at FIFP too
Entities which are filing FLA return for the first time/ with revised UIN (Unique identification number) are required to register themselves first for generating login credentials and afterwards they can file FLA return. However, the entities which have already registered earlier may submit FLA-2021 using their earlier login credentials.
Important Updates, November-2021:
1. FCRA registration deadline for NGOs extended till March 31
The government on Friday extended till March 31, 2022, the validity of the Foreign Contribution (Regulation) Act (FCRA) registration of NGOs that had to apply for its renewal by December 31, 2021.
The home ministry has made valid FCRA registration certificates a must for NGOs to be able to receive and utilise contributions from abroad. This is the fourth time that the Centre has granted extension to NGOs following passing of the FCRA Amendment Act in September 2020.
It said NGOs whose FCRA registration certificates are expiring “between September 29, 2020 and March 31, 2022″ and have applied for renewal on the FCRA portal before the expiry of the certificates”, in accordance with Rule 12 of the Foreign Contribution (Regulation) Rules, 2011, are eligible for the benefits, the order said.
Under FCRA 2020, it is compulsory for all NGOs to open an ‘FCRA account’ with State Bank of India’s main branch in the national capital for initial receipt of foreign contribution from a foreign source. (Source: Click Here)
2. RBI cancels auction for Rs 17,000-crore govt bonds
The Reserve Bank of India cancelled the primary sale of sovereign bonds for Rs 17,000 crore Friday in what could help arrest rising yields.
In the weekly auction held on the last day of the calendar year, the merchant banker for North Block did not accept any bids for the benchmark series and a set of floating rate bonds maturing in 2028. Bidders were likely higher than the central bank’s comfort level.
The benchmark paper carrying a coupon of 6.10 percent was on the offer for Rs 13,000 crore. Another set of Floating Rate Bond maturing in 2028 was up for sale for Rs 4,000 crore. Both were withdrawn.However, it sold a 40-year paper for Rs 7,000 crore.
During December, the benchmark 10-year bond yield touched a new 20-month high Tuesday amid concerns of higher fiscal borrowing. The gauge rose to its highest level since April last year. Shorter duration rates too rose with the central bank normalising liquidity.
3. Banks KYC: RBI extends deadline for periodic KYC update by three months
The extension has been granted in view of prevalent uncertainty due to a new variant of covid-19.
Reserve Bank of India on Thursday extended the deadline for periodic KYC (know-your-customer) update in banks by three months till March 31, 2022. The extension has been granted in view of prevalent uncertainty due to a new variant of covid-19, it said.
In May, amid the second wave of COVID-19 in the country and its induced restrictions in various states, the Reserve Bank of India (RBI) had directed banks and other regulated financial entities to not impose any punitive action against customers for failure to update KYC till the end of the year. (To Read more Click Here)
4. RBI rejects all bids for 10-year debt bonds
The Reserve Bank of India (RBI) rejected all the bids it received at the auction of the 10-year benchmark Government Security (G-Sec) and Floating Rate Bond (FRB) maturing in 2028 as market players wanted to buy these papers at higher yields.
Since the Central bank did not devolve the aforementioned auctions on the primary dealers, the 10-year G-Sec maturing in 2031 rose 11 paise to close at ₹97.51 over the previous close, with its yield declining about two basis to 6.4537 per cent.
Market players say the move to reject all the bids at the auction of the 10-year G-Sec (for a notified amount of ₹13,000 crore) and FRB (₹4,000 crore) shows that the RBI wants to maintain a tight leash on the movement of yields despite upward pressure on interest rates in the secondary debt market.RBI has cautioned that with the second supplementary demand of grants presented in December 2021, the budgeted fiscal deficit of 6.8 per cent of GDP may come under strain.(Read more- Click Here)
RBI Circulars / Notifications: December, 2021
Sl.
Particulars of the Circulars
Link
1
Supersession of the Board of Directors and Appointment of Administrator – M/s Reliance Capital Ltd
Application for initiation of Corporate Insolvency Resolution Process (CIRP) against Reliance Capital Ltd. filed under the Insolvency and Bankruptcy Code, 2016
Section 24 of the Banking Regulation Act, 1949 – Maintenance of Statutory Liquidity Ratio (SLR) – Marginal Standing Facility (MSF) – return to the normal dispensation
Directions under Section 35 A read with Section 56 of the Banking Regulation Act, 1949, (AACS) – Padmashri Dr. VitthalraoVikhePatil Co-Op. Bank Ltd., Nashik, Maharashtra – Extension of period
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)
15.01.2022
PF Payment
ECR
ESIC (Employees’ State Insurance Act, 1948)
15.01.2022
ESIC Payment
ESI Challan
Contract Labour (Regulation &Abolition) Act, 1970
Within 15 Days of commencement/ completion of contract work
Return/Notice within 15 days of commencement/ completion of each contract by the Principal employer
Form VI-B
Contract Labour (Regulation &Abolition) Act, 1970
Within 15 Days of commencement/ completion of contract work
Notice of commencement/ completion of contract work by the Contractor within 15 days
Form VI-A
Payment of Gratuity Rule
Within 30 Days of applicability of the Act & any change
Notice of applicability of the Act & any change
Form A or B
Professional Tax
31.01.2022
PT for the month of December where the tax liability is more than Rs 1,00,000/-
PT Return
Factories Act, 1948
15.01.2022
Yearly Return ending 31st Dec, 2022
Contract Labour (R & A) Act
30.01.2022
Half Yearly Return by the Contractor ending 31stDecember, 2022
Key Updates – December, 2021:
1. Update bank account in EPFO – step-by-step guide to do it online using UAN
EPF subscribers can easily update or change their bank details at home.
Employees Provident Fund Organisation (EPFO) offers its subscribers the means to update their contact information online as part of its digital services. In order to use this service, account holders must have their Universal Account Number (UAN) available.
Here are the steps to follow if you want to update your bank details with your PF account online:
Log in to EFPO’s official website with your credentials.
On the top menu, click the ‘Manage’ tab.
Choose the ‘KYC’ option from the drop-down menu, then select ‘bank’ as the document type.
Enter the new bank account information, including the IFSC code.
Once you have updated the bank details, click on ‘Save’. The updated details will now appear in the KYC pending approval section.
Provide your employer with the necessary documents. State Bank of India customers will have their verification done by the bank itself via digital means.
Your service request status will change to Digitally Approved KYC when the KYC verification is complete.
If the employer or SBI confirms the bank details, EPFO will send a confirmation message.
UAN serves as a one-stop solution to all the needs of PF account holders without having to physically visit any place or office. (To read more Click Here)
2. Economic Advisory Council to the PM calls for unified labour law
The Economic Advisory Council to the PM (EAC-PM) has backed a unified labour code, much on the lines of the Bangladesh Labour Act of 2006, saying that the labour reforms undertaken in form of four Codes did not take a comprehensive view of all labour laws and had only standardised and streamlined the existing statutes without addressing definitional inconsistencies.
The EAC-PM has called for further simplifying of the labour laws and called for other alternative policy efforts to boost employment generation and industrial growth.
The union labour ministry had amalgamated 29 central labour laws into four Codes. These include the Code on Wages, 2019, the Code on Social Security, 2020, the Industrial Relations Code, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020. These are yet to be notified.
“A ‘single unified labour law’ or reforms aimed at all sectors and nature of jobs would create a supportive business environment for the urban economy. This would allow the service sector and the new-age urban economy to truly take off,” the EAC-PM said in its report on state-level labour reforms in India, submitted to the Prime Minister’s Office earlier.
The EAC-PM is of the view that labour law reforms, though important, are not a magic bullet to boost employment generation, address the high degree of informality or even boost industrial growth, and has questioned a need for spending political capital on some labour law reforms, which are not enough for employment generation.(To read more: Click Here)
3. 4 labour codes likely to be implemented by FY23 as states ready draft rules
The four labour codes on wages, social security, industrial relations and occupation safety, health and working conditions are likely to be implemented by the next fiscal year
The four labour codes on wages, social security, industrial relations and occupation safety, health and working conditions are likely to be implemented by the next fiscal year as at least 13 states have pre-published draft rules on these laws, a senior official said.The Centre has already finalised the rules under these codes and now states are required to frame regulations on their part as labour is a concurrent subject.
Union Labour Minister Bhupender Yadav in a reply to the Rajya Sabha earlier this week had said that the Occupational Safety, Health and Working Conditions Code is the only code on which the least number of 13 states have pre-published the draft rules.The highest number of draft notifications are pre-published on The Code on Wages by 24 states/UTs followed by The Industrial Relations Code (by 20 states) and The Code on Social Security (18) states.
However, the Centre as well as states are required to notify rules under the four codes to enforce these laws in respective jurisdictions. Under the Codes, the power to make rules has been entrusted to the Central Government, State Government and appropriate Government and there is a requirement of publication of Rules in their official Gazette for a period of 30 or 45 days for public consultation.(To read more Click Here)
Updates Tracker Under Labour Laws – December, 2021:
Sl.
Particulars
Link
1
Govt. of India shall continue to provide Gratuity and PF benefits to the employees of existing Air India and Indian Airlines employees
As per 1st round of All-India Quarterly Establishment Based Employment Survey (AQEES), employment increased by 29% in nine selected sectors of economy compared to 6th Economic Census (2013-14)
Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015
A. Quarterly Compliances:
Sl. No.
Regulation reference(Reg.)
Compliance Particulars
Timeline / Due Date(For the Quarter Ended December, 2021)
Due Dates
1
Schedule B
Intimation of Trading Window Closure
From the end of closure of quarter
31.12.2021
2
27(2)
Corporate Governance Report
21 days from end of quarter
21.01.2022
3
13(3)
Statement of Investor Complaints
21 days from end of quarter
21.01.2022
4
31 (1) (b)
Shareholding Pattern
21 days from end of quarter
21.01.2022
5
32 & 33
Financial Results & Statement of deviation
45 days/60 days from end of quarter
14.02.2022
B. Half Yearly Compliances:
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
Due Date
1.
Regulation 23(9)
Related party transactions.
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
Within 30 days of FR
C. Regular / Annual Compliances:
REG NO
REGULATION NO
PARTICULARS
TIMELINE
47 Advertisements in Newspapers.
47 (3) Advertisements in Newspapers
Financial results at 47 clause (b) of sub-regulation (1), shall be published within 48 hours of conclusion of the meeting of board of directors at which the financial results were approved.
48 HOURS
23 Related party transactions.
Reg 23(9) Related party transactions
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
30 days
24A Secretarial Audit.
Red 24A
Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. (within 60 days from the Closure of FY)
60 days from the Closure of FY
46 Website
46(2)(s)
The listed entity shall disseminate the following information under a separate section on its website separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year, uploaded at least 21 days prior to the date of the annual general meeting which has been called to inter alia consider accounts of that financial year.]
21 days prior 1 days prior to the date of AGM
D. Other Quarterly compliance which included half year compliance except FR
REG NO
REGULATION NO
PARTICULARS
TIMELINE
Intimation
Reg 29 read with Reg 33
intimation regarding item specified in clause 29(1) (a) to be discussed at the meeting of board of directors shall be given at least five days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors
at least 5 working days in advance, excluding the date of the intimation and date of the meeting
Intimations and Disclosure of events or information to Stock Exchanges.
87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III
The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information:
24 HOURS
Valuation, Rating and NAV disclosure.
87C(1) (iii)
An issuer whose security receipts are listed on a stock exchange shall ensure that: the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter.
15 Days
Other corporate governance requirements.
Reg 27(2)
The listed entity shall submit a quarterly compliance report on corporate governance in the format as specified by the Board from time to time to the recognised stock exchange(s) within fifteen days from close of the quarter.
15 days15/01/2022
Indian Depository Receipt holding pattern & Shareholding details.
69(1)
The listed entity shall file with the stock exchange the Indian Depository Receipt holding pattern on a quarterly basis within fifteen days of end of the quarter in the format specified by the Board.
15 days from end of each quarter 15/01/2022
E. Event based Compliances
REG NO
REGULATION NO
PARTICULARS
TIMELINE
30 Disclosure of events or information.
30(6) AND Part A of Schedule III
The listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information
24 HOURS
30 Disclosure of events or information.
30(6) AND sub-para 4 of Para A of Part A of Schedule III
The listed entity shall disclose to the Exchange(s), within 30 minutes of the closure of the meeting held to consider the following: a) dividends and/or cash bonuses recommended or declared or the decision to pass any dividend and the date on which dividend shall be paid/dispatched; b) any cancellation of dividend with reasons thereof; c) the decision on buyback of securities; d) the decision with respect to fund raising proposed to be undertaken e) increase in capital by issue of bonus shares through capitalization including the date on which such bonus shares shall be credited/dispatched; f) reissue of forfeited shares or securities, or the issue of shares or securities held in reserve for future issue or the creation in any form or manner of new shares or securities or any other rights, privileges or benefits to subscribe to; g) short particulars of any other alterations of capital, including calls; h) financial results; i) decision on voluntary delisting by the listed entity from stock exchange(s).
30 MINUTES
31A: Conditions for re-classification of any person as promoter / public
31A(8)
The following events shall deemed to be material events and shall be disclosed by the listed entity to the stock exchanges as soon as reasonably possible and not later than twenty four hours from the occurrence of the event: (a) receipt of request for re-classification by the listed entity from the promoter(s) seeking re-classification; (b) minutes of the board meeting considering such request which would include the views of the board on the request; (c) submission of application for re-classification of status as promoter/public by the listed entity to the stock exchanges; (d) decision of the stock exchanges on such application as communicated to the listed entity;
24 HOURS
34 Annual Report.
34(1)(b)
In the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.]
48 HOURS
44 Meetings of shareholders and voting
44(3)
The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in the format specified by the Board.
48 HOURS
47 Advertisements in Newspapers.
47 (3) Advertisements in Newspapers
The listed entity shall publish the information specified in 47(1) in the newspaper simultaneously with the submission of the same to the stock exchange(s). The same is reproduced below 47(1) (a) notice of meeting of the board of directors where financial results shall be discussed (c )statements of deviation(s) or variation(s) as specified in sub-regulation (1) of regulation 32 on quarterly basis, after review by audit committee and its explanation in directors report in annual report; (d) notices given to shareholders by advertisement
Simultaneously
–
SCHEDULE III PART PART A 7(A)
resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but not later than twenty four hours of receipt of such reasons from the auditor
24 HOURS
–
SCHEDULE III PART PART A 7(B)
In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities: i. Detailed reasons for the resignation of independent directors as given by the said director shall be disclosed by the listed entities to the stock exchanges. ii. The independent director shall, along with the detailed reasons, also provide a confirmation that there is no other material reasons other than those provided. iii. The confirmation as provided by the independent director above shall also be disclosed by the listed entities to the stock exchanges along with the detailed reasons as specified in sub-clause (i) above.]
7 days from the date of resignation
7 Share Transfer Agent.
Reg 7(4) & (5) Share Transfer Agent.
The listed entity shall intimate any change or appointment of a new share transfer agent, to the stock exchange(s) within seven days of entering into the agreement.
7 DAYS
29
Reg 29(1)
The intimation required under 29 (1), shall be given at least two working days in advance, excluding the date of the intimation and date of the meeting Reg 29(1) is reproduced below: (b) proposal for buyback of securities ; (c) proposal for voluntary delisting by the listed entity from the stock exchange(s); (d) fund raising by way of further public offer, rights issue, American Depository Receipts/Global Depository Receipts/Foreign Currency Convertible Bonds, qualified institutions placement, debt issue, preferential issue or any other method and for determination of issue price: Provided that intimation shall also be given in case of any annual general meeting or extraordinary general meeting or postal ballot that is proposed to be held for obtaining shareholder approval for further fund raising indicating type of issuance. (e) declaration/ recommendation of dividend, issue of convertible securities including convertible debentures or of debentures carrying a right to subscribe to equity shares or the passing over of dividend. (f) the proposal for declaration of bonus securities where such proposal is communicated to the board of directors of the listed entity as part of the agenda papers:
at least 2 working days in advance, excluding the date of the intimation and date of the meeting
31 Holding of specified securities and shareholding pattern.
Reg 31 (1)(a)
The listed entity shall submit to the stock exchange(s) a statement showing holding of securities and shareholding pattern separately for each class of securities, in the format specified by the Board from time to time – one day prior to listing of its securities on the stock exchange(s);
1 day prior to listing of its securities on the stock exchange(s
31
Reg 31 (1 (c)
within ten days of any capital restructuring of the listed entity resulting in a change exceeding two per cent of the total paid-up share capital:
within 10 days of any capital restructuring
31A Conditions for re-classification of any person as promoter / public
Reg 31A
an application for re-classification of a promoter/ person belonging to promoter group to public to the stock exchanges has to be made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting
30 days from the date of approval by shareholders in general meeting
37 Draft Scheme of Arrangement & Scheme of Arrangement.
37(1)
Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No-objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time.
Before filling the same with any court or tribunal
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities.
39(2)
The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within a period of thirty days from the date of such lodgement.
30 Days
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities
39(3)
The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within two days of its getting information.
2 days of its getting information.
40 Transfer or transmission or transposition of securities.
40 (3)
On receipt of proper documentation, the listed entity shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of fifteen days from the date of such receipt of request for transfer
15 days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in dematerialized mode within seven days after receipt of the specified documents:
7 Days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in physical mode within twenty one days after receipt of the specified documents:
21 Days
–
SCHEDULE VII: TRANSFER OF SECURITIES (PART B (1))
In case of minor differences in the signature of the transferor(s), the listed entity shall follow the following procedure for registering transfer of securities: (a) the listed entity shall promptly send to the first transferor(s), via speed post an intimation of the aforesaid defect in the documents and inform the transferor(s) that objection, supported by valid proof, is not lodged by the transferor(s) with the listed entity within fifteen days of receipt of the listed entity’s letter, then the securities shall be transferred
15 Days
42 Record Date or Date of closure of transfer books.
42(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date:
7 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(2)
in the case of rights issues, the listed entity shall give notice in advance of atleast three working days (excluding the date of intimation and the record date).]
3 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(3)
The listed entity shall recommend or declare all dividend and/or cash bonuses at least five working days (excluding the date of intimation and the record date) before the record date fixed for the purpose.
5 working days advance intimation excluding the date of the intimation and date of the meeting
46 Website
46 (3)(b)
The listed entity shall update any change in the content of its website within two working days from the date of such change in content.
2 working days
50 Intimation to stock exchange(s).
50(1)
The listed entity shall give prior intimation to the stock exchange(s) at least eleven working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.
11 working days
50 Intimation to stock exchange(s).
50(3)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered.
2 working days advance intimation excluding the date of the intimation and date of the meeting
52 Financial Results.
52 (4) & (5)
The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4), submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents
7 working days
52 Financial Results.
52 (4) & (8)
The listed entity shall, within two calendar days of the conclusion of the meeting of the board of directors, publish the financial results and statement referred to in reg 52 (4), in at least one English national daily newspaper circulating in the whole or substantially the whole of India.
two calendar days of the conclusion of the meeting
57 Other submissions to stock exchange(s).
57(1)
The listed entity shall submit a certificate to the stock exchange within two days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities
within 2 days
60 Record Date
60(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the stock exchange(s) may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
78 Record Date.
78(2)
The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date
notice in advance of at least 4 working days
82 Intimation and filings with stock exchange(s).
82(2)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered.
2 working days in advance, excluding the date of the intimation and date of the meeting,
82 Intimation and filings with stock exchange(s).
82(3)
The listed entity shall submit such statements, reports or information including financial information pertaining to Schemes to stock exchange within seven days from the end of the month/ actual payment date, either by itself or through the servicer, on a monthly basis in the format as specified by the Board from time to time: Provided that where periodicity of the receivables is not monthly, reporting shall be made for the relevant periods.
within 7 days
87 Record Date.
87(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date
7 working days advance intimation excluding the date of the intimation and date of the meeting
87E Record Date.
87E(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the stock exchange(s) of the record date or of as many days as the stock exchange may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
7. SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
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.”.
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 30(1)
Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified.
The disclosures required under sub-regulation (1) and sub-regulation (2) shall be made within seven working days from the end of each financial year to; every stock exchange where the shares of the target company are listed; and the target company at its registered office
2
Regulation 30(2)
The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may
The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company,
within 2 (two) working days
4.
Regulation 31(4)
Disclosure of encumbered shares
Promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the 31st March, in such target company in such form as may be specified
8. SEBI (Prohibition of Insider Trading) Regulations, 2015
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 7(2)“Continual Disclosures”
Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified;
Every company shall notify; within two trading days of receipt of the disclosure or from becoming aware of such information
9. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Schedule XIX – Para (2) of ICDR Read with Reg 108 of SEBI LODR
“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from thedate of allotment within 20 days (unless otherwise specified).
Within 20 days from the date of allotment
2
Regulation 162
The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment.
Application for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s.
Within 7 working days from grant of date of listing approval
4
Regulation 76 Application for rights issue
The issuer along with lead managers and other parties related to the issue shall constitute an optional mechanism (non-cash mode only) to accept the applications of the shareholders to apply to rights issue subject to ensuring that no third-party payments shall be allowed in respect of any application.
5.
Regulation 77 Service of Documents
In case if the company fails to adhere to modes of dispatch through registered post or speed post or courier services due to Covid-19 conditions it will not be treated as non-compliance during the said period. The issuers shall publish required & necessary documents on the websites of the company, registrar, stock exchanges and the lead managers to the rights issue.
6
Regulation 84 Advertisement
Issuer has the flexibility to publish the advertisement in additional newspapers above those required in Regulation 84. The advertisement should also be made available on: A. Website of the Issuer, Registrar, Lead Managers, and Stock Exchanges. B. Television channels, radio, the internet, etc. to spread information related to the process.
10. SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 11 and 24(iv)
Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other specified securities of the company are listed within seven days of extinguishment and destruction of the certificates
7 days of extinguishment and destruction of the certificates
2
Regulation 24(i) (f)
Minimum time between buy back and raising of funds
Temporary relaxation in the period of restriction provided in Regulation 24(i)(f) from “one year” to “six months” Applicable up to December 31, 2020 only
11. SEBI (Depositories and Participants) Regulations 2018)
Sl. No.
Compliance Particulars
Due Date
1.
Regulation 76 (Quarter, January – March 2021) Reconciliation of Shares and Capital Audit
Within 30 days from end of quarter. i.e. 30.01.2022
2.
Regulation 74 (5): Processing of demat requests form by Issuer/RTAs – Certificate Received from Registrar
Within 15 days from the end of each quarteri.e. 15.01.2022
SEBI Circulars Tracker: 01.12.2021 to 31.12.2021
Sl.
Particulars
Link
1.
Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 [Last amended on December 06, 2021]]
Clarifications with respect to Circular dated November 03, 2021, on ‘Common and simplified norms for processing investor’s service request by RTAs and norms for furnishing PAN, KYC details and Nomination’
Publishing Investor Charter and Disclosure of Investor Complaints by Merchant Bankers on their Websites for private placement of units by InvITs proposed to be listed
Cut-off Time for generation of last Risk Parameter File (RPF) for client’s margin collection purpose and modification in framework to enable verification of upfront collection of margins from clients in commodity derivatives segment
Revision to Operational Circular for issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper
Revised Operational Circular for issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper
Extension of facility for conducting annual meeting and other meetings of unitholders of REITs and InvITs through Video Conferencing (VC) or through Other Audio-Visual means (OAVM)
12. IBBI Updates {Insolvency and Bankruptcy Board of India}
MCA proposes changes to bankruptcy code for quicker corporate rescue
The ministry has given time till 13 January for receiving suggestions on the proposals.
The ministry suggested ways for faster admission of cases in tribunals for initiation of bankruptcy process and for faster adoption of the revival plans stitched together by the stakeholders. The ministry of corporate affairs on Thursday proposed amendments to the Insolvency and Bankruptcy Code (IBC) to expedite the rescue of distressed companies ending up in bankruptcy tribunals.
One of the suggestions made by the government on Thursday is to amend IBC to provide a “a fixed time period for approval or rejection of” a corporate turnaround plan by the tribunal. The idea is to give tribunals 30 days for approving or rejecting a resolution plan that is submitted. If the revival plan is not approved or rejected within this time period, the tribunal has to record reasons in writing for the same. This timeline will be subject to the overall time period of 330 days specified in the Code for bankruptcy resolution.
Accordingly, the ministry suggested that lenders submit to tribunals only those records authenticated by certain official information utilities for initiating bankruptcy process. Authenticated financial information will speed up admission of cases. Where such authenticated information is not available to lenders, other documents can be used for establishing debtor’s payment default. “This will make the admission process significantly quicker and less cumbersome,” the ministry said.(To read more Click Here)
On the last lap: MCA to soon finalise comprehensive cross-border insolvency framework
Bankruptcy Code (IBC) particularly on corporate insolvency issues is expected to see some changes as the government is likely to come up with a comprehensive framework for cross-border insolvency and make several changes to the corporate insolvency resolution process (CIRP) to avoid delays in resolution process.
The Corporate Affairs Ministry (MCA) will soon finalise the proposals for a comprehensive framework on cross-border insolvency, which when enacted as part of IBC could aid in further easing up of doing business in India.
After MCA firms up the framework, it will have to go to the legislative department for the vetting of the Bill and then to the Union Cabinet for the approval. Although no timeline can be predicted for enactment of the cross-border insolvency framework, indications are that the government may push for enactment of the IBC amendment Bill in upcoming Budget session.
The new comprehensive framework is likely to be largely patterned on the UNCITRAL model law on cross-border insolvency, which has been the widely-accepted UN model legal framework adopted by the US, UK, Japan and Singapore. This UN Model law is now proposed to be tweaked to suit the Indian context and requirements.
Currently, there are only two provisions of IBC (section 234 and 235) that deal with bilateral agreements and issuance of letters of request to foreign courts by adjudicating authorities for enforcing the provisions of IBC as regards assets of a corporate located abroad.The ILC had noted that these two provisions are not comprehensive and were susceptible to delay and uncertainty. Hence the need for a comprehensive legal framework on cross border insolvency, sources explained. (To read more Click Here)
Bad loan recovery through IBC remains a drag on banks
Bad loan recovery from the revamped insolvency-resolution mechanism has been on a steady decline, with the rate dropping to 24.7% at the end of September, data from the Reserve Bank of India showed.Loan recovery rates halved to 20% in 2020-21 as the impact of the pandemic – and the moratorium to take cases to courts – played out during the year. The recovery rate through the Insolvency and Bankruptcy Code (IBC) mechanism was 46.3% at the end of 2020.
While banks had recovered more than ₹1 lakh crore at the end of 2019 through the IBC route, the figure dropped to a little over ₹27,000 crore by March 2020. At the end of 2021, while banks had referred 537 corporates with loans worth ₹1.35 lakh crore to the bankruptcy courts, this number was significantly higher in 2020 at 1,986 cases with total loans involved at ₹2.25 lakh crore. RBI’s analysis of 60 corporate debtors resolved under IBC between September 2019 and September 2021 shows that the median recovery rate was 24.7%.
“The longer a bad loan remains on bank balance sheets, the lower is the amount banks succeed in recovering,” RBI said as part of its Financial Stability Report. Last year in June, the Indian government had suspended fresh insolvency proceedings with respect to Covid-19- related defaults. This ban was lifted in March this year.(To read more Click Here)
Important Notifications and Circulars Tracker (December, 2021)
Sl.
Notification(s)
Link(s)
1.
Limited Insolvency Examination – Syllabus w.e.f 1st March 2022
Amendment to the IBBI (Online Delivery of Educational Course and Continuing Professional Education by Insolvency Professional Agencies and Registered Valuers Organisations) Guidelines, 2020
Invitation of comments from public on proposed changes to the Corporate Insolvency Resolution and Liquidation Framework under Insolvency and Bankruptcy Code, 2016
Non-Banking Financial Companies (NBFCs) is a Company registered under the Companies Act 2013 engaged in the businesses of providing financial services including loans & advances, leasing, hire purchase etc. They provide loans and advances and other credit facilities to business people or budding entrepreneur where Bank/Financial Institution are not comfortable, or say it is an alternative source of finance to businessman.
NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the Chapter IIIB of the Reserve Bank of India Act, 1934 and any rules made thereunder or any directions issued by it under the Act.
A. NBFC MONTHLY COMPLIANCES SUBMITTED BY ALL NON-DEPOSIT TAKING NBFCS
NAME
PURPOSE OF THE FORM
DEPARTMENT
Monthly Return
Monthly Return on NBFC-NDSI with asset size of Rs.100 CR. & above
RBI
NBS_ALM1
Statement of Short term dynamic liquidity to be filed within 10 days of the closer month
RBI
To be submitted by all deposit-taking NBFC’s having asset size above Rs. 100 crores or public deposits of Rs. 20 crores and above
NBS6
Monthly Return stating Exposure to Capital Market
RBI
B. NBFC COMPLIANCE UNDER COMPANIES ACT, 2013
FORM NAME
PURPOSE OF THE FORM
DEPARTMENT
E-Form MGT-7
Annual Return (Within 60 days of conclusion AGM)
ROC
E-Form AOC-4
Filing of annual financials i.e. Balance Sheet & Profit & Loss statement (Within 30 days of conclusion of AGM)
ROC
E-Form DIR-12
If there is any change in Directors (Within 30 days of the date of that change)
ROC
And any other Event based Compliance like DIR 3 KYC, ADT-1 etc.
C. NBFC Compliance Checklist for Non-Deposit & Deposit-taking Company
S. No
Particulars
Time Limit
Annual Compliances
1.
Audited March Monthly return/NBS-7
Upon completion
2.
File audited annual balance sheet and P&L Account
One month from the date of signoff
3.
Resolution of Non-Acceptance of Public Deposit
Before the commencement of the new Financial year
4.
Declaration of Auditors to Act as Auditors of the Company
Annual basis
Monthly Compliance
1.
Monthly Return
By 7th of every month
2.
Upload Monthly Return
By 7th of every month
Periodical Compliances
1.
Appointment of Director (Annexure III)
Within 30 days of appointment
2.
Resignation of Director (DIR-12 + Challan report)
Within 30 days of appointment
3.
Adoption of any notification in the ensuing Board Meeting and filing the certified copy with RBI
NBFC Updates – December, 2021
1. RBI issues prompt corrective action framework for NBFCs
The PCA framework for NBFCs will come into force on October 1, 2022, based on the financial position of NBFCs on or after March 31, 2022.
The Reserve Bank of India (RBI) on December 14 issued prompt corrective action (PCA) framework for non-banking finance companies (NBFCs) by introducing three risk threshold categories.PCA refers to restrictions imposed by the banking regulator on a lender’s operations if the key financial parameters of these entities fall below a certain limit. Till now, the RBI used to impose PCA only on banks. The central bank had issued the revised Prompt Corrective Action (PCA) Framework for Scheduled Commercial Banks (SCBs) on November 2, 2021.
But, with the NBFCs too growing in size and complexity, the banking regulator felt it is necessary to introduce similar framework for NBFCs as well.The framework will apply to all deposit-taking NBFCs, excluding government companies, all non-deposit taking NBFCs in middle, upper and top layers, the RBI said.(To read more Click Here)
2. Explainer | New PCA rules for NBFCs suggest RBI has learned its lessons from IL&FS, DHFL episodes
The RBI’s PCA Framework was introduced in December 2002 as a structured early intervention mechanism along the lines of the US Federal Deposit Insurance Corporation’s PCA framework.
In simple words, PCA is the regulator’s action on weaker entities if the financial performance falls below certain thresholds. The regulator then imposes certain restrictions on the business operations till the entities get back to satisfactory performance levels. The PCA system was already in place for banks.
The RBI’s PCA Framework was introduced in December 2002 as a structured early intervention mechanism along the lines of the US Federal Deposit Insurance Corporation’s PCA framework. Subsequently, the RBI reviewed the framework, keeping in view international best practices and recommendations of the Working Group of the Financial Stability and Development Council on Resolution Regimes for Financial Institutions in India (January 2014) and the Financial Sector Legislative Reforms Commission (March 2013). The revised PCA Framework was issued by the RBI on April 13, 2017, and implemented with respect to banks’ financials as of March 31, 2017.
When does PCA trigger for banks?The RBI has specified certain regulatory trigger points with respect to three parameters of banks, i.e., capital-to-risk weighted assets ratio (CRAR), net non-performing assets (NPAs) and return on assets for the initiation of the process. There are various stages. If CRAR falls to less than 9 percent, the RBI asks banks to submit a capital restoration plan, and restricts new businesses and dividend payments.
According to the framework, the apex bank will impose PCA on NBFCs if there is any breach of risk threshold. For instance, if the CRAR falls up to 300 basis points (bps) below the regulatory minimum CRAR, tier-1 capital ratio falls up to 200 bps below the regulatory minimum and net NPA ratio goes beyond 6 percent, the NBFC will fall under risk threshold-1.Once an NBFC is placed under PCA, taking it out of the framework or withdrawal of restrictions imposed under the it will be considered if no breaches in risk thresholds in any of the parameters are observed according to four continuous quarterly financial statements, one of which should be the annual audited financial statement, the RBI said.
3. Need to harmonise rules on taxation and recovery for NBFC too: FIDC
Urges govt to exempt TDS on interest payment made to NBFCs, as in the case of banks and life insurers.
The Finance Industry Development Council (FIDC), an industry body for non-banking finance companies (NBFCs), has impressed upon the government on the need to harmonise provisions on taxation and recovery as well, even as the Reserve Bank of India (RBI) is harmonising regulations governing finance companies with that of banks
The Council has asked the government to exempt tax deduction at source (TDS) on interest payment made to NBFCs. Under Section 194A of Income Tax Act, tax is required to be deducted at the rate of 10 per cent from interest paid to NBFCs, FIDC said. But the section allows exemptions to persons making interest payment to institutions such as banks, life insurance companies and UTI.They have asked the finance minister to exempt all deposit taking NBFCs (NBFC – D), 52 of them, under Section 194A. Also, non-deposit taking systemically important NBFCs, with an asset size of above Rs 500 crore (319 in total) should also be granted exemption.
Recently, the RBI provided clarification on income recognition, asset classification and provisioning (IRAC) norms for banks, NBFCs and all-India financial institutions, which says classification of special mention account (SMA) and non-performing account (NPA) should happen on a day-end position basis and upgradation from an NPA to standard category should happen only after clearance of all outstanding overdues.
Hence, they have suggested Small Industries Development Bank of India (SIDBI) to provide a refinance facility to NBFCs for onward lending to MSMEs and other appropriate sectors.
Office Order regarding Internal Complaint Committee in terms of Section 4 of The Sexual Harassments of women at work place (Prevention, Prohibition and Redressal) Act, 2013 for all NCLT Benches.
1. NCLAT sets aside Videocon’s sale to Vedanta co Twinstar
The National Company Law Appellate Tribunal (NCLAT) has set aside an order by the Mumbai bench of the National Company Law Tribunal (NCLT) approving the resolution plan for Videocon by Vedanta’s Twin Star Technologies. The tribunal has asked the committee of creditors for fresh bids.
The appellate tribunal issued the order noting that the transaction was not in compliance with the Insolvency and Bankruptcy Code (IBC). The order was in an appeal last year filed by the Bank of Maharashtra, Sidbi and IFCI that were dissenting creditors. The resolution plan had turned controversial and drew sharp comments from the NCLT as the bid was close to the liquidation value and involved a 95% write-off. The NCLT had approved the order in June 2021 noted that the successful bidder was “paying almost nothing” and hinted that there appeared to be a breach of the confidentiality clause.
Even as the Twinstar bid was stayed by the NCLAT, the corporate affairs ministry had moved in and filed a petition in NCLT to attach the assets of Videocon promoters to increase recovery in the case. In August 2021, the NCLT issued an order to freeze and attach assets and properties of Videocon promoters. The tribunal also directed the Central Board of Direct Taxes (CBDT) to disclose information about all assets of the Videocon promoters to freeze and restrain such assets. It also asked banks to provide details of their bank and depository accounts and lockers.
The National Company Law Tribunal (NCLT) referred the 13-year-old dispute between the Sanghi brothers over their enterprises to the IAMC.
The Hyderabad bench comprising NCLT president Justice RamalingamSudhakar and technical member ArekapudiVeera Brahma Rao referred six cases relating to the Sanghi group of industries that are pending before the courts from 2008 onwards. According to NCLT deputy registrar K Hanumantha Rao, the decision was taken after duly obtaining the consent of the parties. The Sanghi brothers, Ravi Sanghi, SudhirSanghi, GirishSanghi, were at loggerheads. Though two of the brothers could reach a settlement with Ravi Sanghi, issues between GirishSanghi and other brothers remained unresolved till date, the NCLT which referred the matter to IAMC said in its order. The prolonged battle would affect the industry adversely in the long-run, the tribunal said.
It can be recalled, the property dispute between former IPL chairman Lalit Modi and his mother BinaModi was earlier referred to the Hyderabad IAMC by Supreme Court. The state government has come forward to make Hyderabad IAMC its adjudication center for any possible disputes that may arise during the implementation of its contracts, tenders, pertaining to state government’s works. We will issue an ordinance after making the required amendments to the rules”, CM K Chandrasekhar Rao assured in the inaugural meet of the IAMC.(To read more Click Here)
15. Competition Commission of India
Competition Commission of India is a statutory body of the Government of India, established on 14 October 2003, responsible for enforcing The Competition Act, 2002 and promoting competition throughout India and to prevent activities that have an appreciable adverse effect on competition in India.
Key Updates – for the month of December – 2021.
Sl.
Particulars
Link
1
United Breweries challenges Rs 752 crore CCI penalty before NCLAT
CCI approves acquisition of shareholding in Air India Limited, Air India Express Limited and Air India SATS Airport Services Private Limited by Talace Private Limited
At a time when Omicron cases are rising rapidly across the country, insurance regulator, Insurance Regulatory and Development Authority of India (IRDAI), has clarified that all health insurance policies that cover Covid-19 will also cover cases pertaining to Omicron.
“…it is clarified that all health insurance policies issued by all general and health insurance companies that cover treatment costs of Covid-19 also cover the costs of treatment towards Omicron variant of Covid-19 as per terms and conditions of policy contract,” IRDAI informed in a statement on Monday. The insurance regulator has directed all the insurance companies to put in place all effective coordination mechanisms with their network hospitals to ensure availability of seamless cashless facility to all policyholders in case of hospitalization.
“Hospitals are also requested to honour the service level agreements (SLA) that have been entered with insurance companies for the purpose of providing cashless treatment to health insurance policyholders,” IRDAI stated.
The regulator had also asked insurers to give approval for cashless in a stipulated period ensuring hassle-free process for hospitals as well as policyholders. (To read more Click Here)
18% GST on insurance premium is atrocious: Former IRDAI member Nilesh Sathe
Says insurance becomes a necessity in the absence of any social security for citizens, nowhere else in the world one has to pay such heavy tax on premium.
Insurance is a necessity in India in the absence of a social security net, but the government is taxing the sector heavily even as others in the financial sector are exempted, lamented former Insurance Regulatory and Development Authority (IRDAI) member Nilesh Sathe. Sathe was the keynote speaker at the insurance round of the Business Standard BFSI Insight Summit. “Charging 18 per cent GST (Goods and Services Tax) on insurance premium is atrocious,” the respected insurance veteran said in his customary frank manner.
Insurance companies also have other challenges. Given the high solvency ratio, promoters must always infuse capital before an insurance company wish to grow exponentially. They cannot invest the way they like. The stipulation by IRDA that the insurance firms must invest at least half of their investible fund in government securities and other approved securities bring down the yields or internal rate of return for investors. This is because the yields on govt securities have been steadily coming down.
Technology has been a gamechanger and there has been no security scare or database despite the work from home environment during the corona period. The insurance companies must share data between themselves, and must have a common database, particularly about cases of frauds, rejection and suspicious claims. (To read more click here)
Not satisfied with your insurance provider? Here’s how to file a complaint via IRDAI portal The complainant can make a fresh complaint or escalate it to the Integrated Grievance Management System (IGMS) by visiting the website- igms.irda.gov.in, using an online complaint redressal portal of IRDAI
Approvals accorded under PLI Scheme for Promotion of Domestic Manufacturing of critical Key Starting Materials (KSMs)/ Drug Intermediates and Active Pharmaceutical Ingredients (APIs) in the country
Centre monitors the wholesale and retail prices of 22 essential food commodities on daily basis from 179 price monitoring centres set up by the State Governments/UT Administrations
This article is updated till 31st December, 2021 with all Laws / Regulations and their respective amendments.
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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.).
“Opportunities? They are all around us… There is power lying latent everywhere waiting for the observant eye to discover it.”―Orison SwettMarden
The Government is considering a proposal to trim the frequency of renewals and permits that are to be obtained by companies, commerce and industry minister Piyush Goyal said on Saturday, as he called for further reduction in India Inc’s compliance burden through greater collaborative efforts by both states and the Centre,
“Our effort, along with states, is to eliminate burdensome compliances, or reduce the need for licensing, reduce the regulatory burden, per missions, and rationalise the renewal process. But it only happens when we work together. Self-regulation and self-certification should be the way forward,” the minister said at a CII event on ease of doing business for Aatmanirbhar Bharat.
Goyal pitched for making mediation the preferred mechanism for commercial dispute resolution, instead of rushing to courts every time there is a dispute.
The minister also exhorted industry to tap the regulatory compliance portal as well as industrial land bank portal and share their feedbacks to further improve on them.
“We are looking at the availability of industrial land at affordable prices. Self-regulation must be the norm. I urge industry to suggest ways to move towards transparency and self-regulation,” Goyal said.
Speaking on the occasion, Niti Aayog chief executive Amitabh Kant said while the Centre has expedited the process of reforms, states need to keep up the pace. There is scope for a lot of reforms by states and those in eastern India hold immense potential.
The Centre has also opened up several sectors, including coal, mining and petroleum, for greater competition and this will lead to transfer of technology and help leverage natural resources, Kant added.
MCA has issued Cos (Incorporation) Fifth Amendment Rules, 2021 to be effective from 1st Sept, 2021.
Allotment of new Name to be made effective automatically in case of ORDNC is not complied with within timeline.
In the Companies (Incorporation) Rules, 2014, after rule 33, the following rule shall be inserted, namely:
“33A. Allotment of a new name to the existing company under section 16(3) of the Act.
(1) In case a company fails to change its name or new name, as the case may be, in accordance with the direction issued under sub-section (1) of section 16 of the Act within a period of three months from the date of issue of such direction, the letters “ORDNC” (which is an abbreviation of the words “Order of Regional Director Not Complied”), the year of passing of the direction, the serial number and the existing Corporate Identity Number (CIN) of the company shall become the new name of the company without any further act or deed by the company, and the Registrar shall accordingly make entry of the new name in the register of companies and issue a fresh certificate of incorporation in Form No.INC-11C: Provided that nothing contained in sub-rule
(1) shall apply in case e-form INC-24 filed by the company is pending for disposal at the expiry of three months from the date of issue of direction by Regional Director, unless the said e-form is subsequently rejected.
(2) A company whose name has been changed under sub-rule (1) shall at once make necessary compliance with the provisions of section 12 of the Act and the statement, “Order of Regional Director Not Complied (under section 16 of the Companies Act, 2013)” shall be mentioned in brackets below the name of company, wherever its name is printed, affixed or engraved: Provided that no such statement shall be required to be mentioned in case the company subsequently changes its name in accordance with the provisions of section 13 of the Act.”.
(3) In the Annexure, after Form No.INC-11B, the following form shall be inserted, namely:
Monthly Compliance Calendar for April 2021 ((Track due dates)
This article contains various Compliance requirements for the Month of April, 2021 under Statutory Laws. Compliance means “adhering to rules and regulations.” Compliance is a continuous process of following laws, policies, and regulations, rules to meet all the necessary governance requirements without any failure.
Corporate Compliance Calendar April 2021 (Track due dates)
Compliance requirement under Income Tax act, 1961
Sl.
Compliance Particulars
Due Dates
1
Due date for deposit of Tax deducted by an office of the government for the month of March, 2021. However, all sum deducted by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
07-04-2021
2
Due date for deposit of Tax deducted by an office of the government for the month of March, 2021. However, all sum deducted by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan
07-04-2021
3
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of February, 2021
14-04-2021
4
Due date for issue of TDS Certificate for tax deducted under Section 194-IB in the month of February, 2021
14-04-2021
5
Due date for issue of TDS Certificate for tax deducted under Section 194M in the month of February, 2021
14-04-2021
6
Quarterly statement in respect of foreign remittances (to be furnished by authorized dealers) in Form No. 15CC for quarter ending March, 2021
15-04-2021
7
Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of March, 2021
30-04-2021
8
30 April 2021 -Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of March, 2021 has been paid without the production of a challan
30-04-2021
9
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of March, 2021
30-04-2021
10
Due date for furnishing of challan-cum-statement in respect of tax deducted under Section 194-IB in the month of March, 2021
30-04-2021
11
Due date for furnishing of challan-cum-statement in respect of tax deducted under Section 194M in the month of March, 2021
30-04-2021
12
Due date for deposit of Tax deducted by an assessee other than an office of the Government for the month of March, 2021
30-04-2021
13
Due date for e-filing of a declaration in Form No. 61 containing particulars of Form No. 60 received during the period October 1, 2020 to March 31, 2021
30-04-2021
14
Due date for deposit of TDS for the period January 2021 to March 2021 when Assessing Officer has permitted quarterly deposit of TDS under section 192, 194A, 194D or 194H
30-04-2021
Notes:
The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 has extended due dates for compliance falling during the period from 20-03-2020 to 31-12-2020. Readers are requested to please check the relevant documents from below links:
The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.
1. TDS, TCS rates on interest, dividend, other non-salary payments effective April 1, 2021
In May 2020, the government reduced TDS and TCS rates for interest income, dividend income, rent payments and other non-salary payments by 25%. This was done to increase liquidity in the hands of individuals, especially those going through financial hardships caused by the coronavirus-induced lockdown. The reduction in TDS and TCS rates on non-salary payments came into effect on May 14, 2021, and will be applicable till March 31, 2021.
Thus, effective from April 1, 2021, the TDS and TCS rates on these non-salary payments will be back to their original (higher) levels.
2. Due date extension by CBDT beyond 31st March, 2021
Date for issue of notice under section 148 of Income-tax Act,1961, passing of consequential order for direction issued by the Dispute Resolution Panel (DRP) & processing of equalization levy statements also extended to 30th April, 2021.
Central Government extends the last date for linking of Aadhaar number with PAN from 31st March, 2021 to 30th June, 2021, in view of the difficulties arising out of the COVID-19 pandemic.
Govt. introduces Emergency Credit Line Guarantee Scheme (ECLGS) 3.0 for enterprises in Hospitality, Travel & Tourism, Leisure& Sporting sectors. Also extends ECLGS 1.0 & 2.0 up to 30.6.2021.
3. ITR forms for FY 2020-21 notified by the govt
ITR-1 has to be filed by individuals whose total income does not exceed Rs 50 lakh in a financial year. The income sources for ITR 1 include income from salaries, one house property, other sources such as interest income etc. and agriculture income up to Rs 5,000.
The government has notified the income tax return filing forms for the financial year 2020-21 via a notification dated March 31, 2021. As per the notification, some of the new elements in the forms are: ITR-1 cannot be used by an individual for whom income tax is deferred on ESOPs; if the return is being filed in response to any tax notice then DIN has to be mentioned; the ITR forms also ask the filer to specify the tax regime – new or old- for which he/she has opted.
ITR-1 cannot be used by an individual who is either a director in a company or has invested in unlisted equity shares or in cases where TDS has been deducted under section 194N of the Income-tax Act, 1961. TDS under section 194N is deducted for cash withdrawal exceeding Rs 1 crore in a financial year from a bank account.
ITR-2 form has to be used by an individual having income/losses from capital gains, or having more than one house property. However, this form cannot be used by an individual who has income from profits and gains from business and profession.The ITR-2 also asks for the DIN number if the ITR-2 is filed in the response to any tax notice from the tax department.
7. The Finance Act, 2021
The Finance Bill, 2021 has received the assent of the President, Shri Ram NathKovind, on 28th March, 2021. The Finance Act, 2021 (No. 13 of 2021) contains 172 Sections impacting more than 20 Acts. This Act shall enforce various provisions with effect from 01-02-2021 (i.e., taxation of ULIPs, discontinuation of settlement commission, etc.), some provision shall come into force from 01-04-2021 (i.e., new income escaping assessment procedure, Section 194P, etc.)
Important Notifications – For the month of March – 2021:
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Particulars of the Notification(s)
File No. / Circular No.
Link(s)
1.
Amendments in Direct Tax Vivad se Vishwas Act
[Notification No. 09/2021/ F.No. IT (A)/01/2020-TPL
M/s Bennett University, Greater Noida, Uttar Pradesh under the category of ‘University, College or other institution’ for Scientific Research and Research
Notification in partial modification of the notification of the Government of India in the Ministry of Finance, (Department of Revenue) No.93/2020 dated the 31st December, 2020
A. Taxpayers having aggregate turnover >Rs. 5 Cr. in preceding FY
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
March, 2021
20thApril, 2021
–
–
–
B. Taxpayers having aggregate turnover uptoRs. 5 crores in preceding FY (Group A)
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
March, 2021
22nd April, 2021
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
C. Taxpayers having aggregate turnover uptoRs. 5 crores in preceding FY (Group B)
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
March, 2021
24thApril, 2021
Group B States:Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
D. Filing Form GSTR-1:
Tax period
Due Date
Remarks
Monthly return (March, 2021)
11.04.2021
Taxpayers having an aggregate turnover of More than Rs. 1.50 Crores (>Rs 1.50 Cr) or opted to file Monthly Return
GSTR-1 (Jan-Mar, 2021)
13.04.2021
GSTR-1 for Jan – Mar 2021 under QRMP Scheme.
E. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.04.2021
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.04.2021
F. GST Refund:
Form No.
Compliance Particulars
Due Date
RFD -10
Refund of Tax to Certain Persons
18 Months after the end of quarter for which refund is to be claimed
Key UPDATE(s):
1. Quarterly taxpayers are able to see the GSTR3B tile for Jan, Feb and Mar 21. They are requested to file GSTR3B for the quarter Jan-Mar, 21 using tile for Mar, 21. The tile for Jan and Feb is being removed.
2. Significant Changes from 1st April 2021
A. E-invoicing will be mandatory
The Central Board of Indirect Taxes and Customs (CBIC) notified that e-invoicing will be mandatory for business to business (B2B) transactions for taxpayers having turnover of over Rs 50 crore from April 1, 2021.
E-invoicing replaces the physical invoice and will soon replace the existing e-way bill system, and taxpayers will not have to generate separate e-way bills. The government expects e-invoicing to have also other major advantages, such as improving the payment cycle for industry and giving boost to invoice-based lending to MSMEs.
B. HSN Code (Harmonized System of Nomenclature)
• Taxpayers to mandatorily declare HSN codes in GST Tax Invoices from 1st April, 2021.
• The Taxpayers whose aggregate Turnover is up to Rs. 5 crores in the preceding Financial Year HSN code of 4 digits is mandatory for all the B2B tax invoices and optional for B2C tax invoices on the supplies of Goods and Services.
• The Taxpayers whose aggregate Turnover is more than Rs. 5 crores in the preceding Financial Year HSN code of 6 digits is mandatory for both B2B and B2C tax invoices on the supplies of Goods and Services.
C. Important system changes need to be integrated in your e waybills, Delivery challans, Tax invoices, GSTR 1 reporting, Shipping bills, GST refund applications and further note that options available for non reporting under Table 17 and Table 18 would be done away from FY 2021-22 positively.
3. CBIC extends customs duty and integrated GST exemptions till March 31, 2022
The Central Board of Indirect Taxes and Customs (CBIC) on Wednesday extended the basic customs duty and integrated goods and service tax exemptions for export-oriented units, by a year till March 31, 2022.
The Board also made it mandatory for a GST taxpayer having turnover of more than Rs 5 crore in the preceding financial year,to furnish 6 digits HSN Code on invoices issued for supplies.
4. Ready to discuss bringing petrol, diesel under GST at next Council meet: FM NirmalaSitharaman
For instance, taxes make up for 60 per cent of the present retail price of petrol of Rs 91.17 a litre in Delhi. Excise duty constitutes 36 per cent of the retail price. Over 53 per cent of the retail selling price of Rs 81.47 a litre for diesel in Delhi is made up of taxes. As much as 39 per cent of the retail price comprises central excise.
Amidst outcry over high taxes on motor fuel, Finance Minister NirmalaSitharaman on Tuesday said she would be “glad” to discuss the suggestion of bringing petrol and diesel under the ambit of the Goods and Services Tax at the next meeting of the GST Council. State levies and central excise duty account for more than half of the retail selling prices of petrol and diesel.
GST UPDATES from 01.03.2021 to 31.03.2021:
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Notification Particulars
Notification No.
Link(s)
1.
Seeks to notify persons to whom provisions of sub-section (6B) or sub-section (6C) of section 25 of CGST Act will not apply.
Seeks to extend the time limit for furnishing of the annual return specified under section 44 of CGST Act, 2017 for the financial year 2019-20 till 31.03.2021.
Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020 – Reg.
Seeks to impose definitive anti-dumping duty on imports of Ciprofloxacin Hydrochloride originating in or exported from China PR for a period of five years from the date of levy of provisional anti-dumping duty, i.e. 2nd September, 2020.
Annual Return on Foreign liabilities and assets. The FLA return is required to be submitted by the companies who have received Foreign direct investment (FDI) and/or made Foreign direct investment abroad in the previous year(s) including the current year
External Commercial Borrowings Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’.
ECB 2 Return
FEMA ACT 1999
Not later than 30 days from the date of issue of Capital instrument
FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India.
Form FC-GPR
FEMA ACT 1999
With in 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier.
Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS. The onus of reporting shall be on the resident transferor/ transferee.
Form FC-TRS.
FEMA ACT 1999
within 30 days from the date of receipt of the amount of consideration.
A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1
Form FDI LLP-I
FEMA ACT 1999
within 60 days from the date of receipt of funds in
A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non resident (or vice versa)
Form FDI LLP-II
FEMA ACT 1999
within 30 days from the date of allotment of capital instruments
The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts
Downstream statement -Form DI & reporting at FIFP too
Procedure for submission of previous year’s FLA return:
In case of submission of FLA returns for previous years, the reporting entity need to take approval from RBI. Visit https://flair.rbi.org.in/fla → Login to FLAIR → Go to “Menu” (upper left corner) → Go to “Multiple Year CIN Enable Screen” → select year 2019 (2018,2017,… 2012,2011). Click “→” then Click “Request”. After sending request to RBI through FLA portal, entities need to wait for at least one working day for approval. Entities can check the status of their request in “Multiple Year CIN Enable Screen” under menu on the left corner. Once approved by RBI, the entity can submit FLA return for the requested previous year”.It may be noted that for example if FLA return for 2020 is not submitted then submission of previous year FLA 2019 and prior years, will not be allowed.
Important Updates, March-2021:
RRBI Has Released New Rules For Card Payments To Come Into Effect From April 1st, 2021
Reserve Bank of India has issued a new set of rules for payments made automatically from a user’s account for mobile, utility, e-commerce, OTT platforms and other bills. These automatic payments are likely to be disrupted from April 1st, 2021 as the new mandates will come into effect from the first of April. The RBI has issued that there will be a requirement of an additional authentication for recurring transactions using credit cards, debit cards, UPI or other prepaid payment instruments (PPIs).
2. Banks to conduct special clearing operations for closure of govt accounts on Mar 31: RBI
“It is mandatory for all banks to participate in the special clearing operations on March 31, 2021.”Banks will conduct special clearing operations for annual closure of government accounts on March 31, which is the last day of the current fiscal year.
To facilitate accounting of all the government transactions for the current financial year 2020-21 by March 31, 2021, it has been decided to conduct special clearing exclusively for government cheques across the three CTS grids on March 31, 2021.
RBI Circulars / Notifications: March, 2021
Sl.
Particulars of the Circulars
Link
1
Finance Minister Smt. NirmalaSitharaman attends virtual G20 Finance Ministers and Central Bank Governors Meeting
Directions under Section 35 A read with Section 56 of the Banking Regulation Act, 1949 (AACS)– Dr.ShivajiraoPatilNilangekar Urban Co-operative Bank Ltd. Nilanga, District Latur, Maharashtra – Extension of Period
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)
15.04.2021
PF Payment
ECR
ESIC (Employees’ State Insurance Act, 1948)
15.04.2021
ESIC Payment
ESI Challan
Contract Labour (Regulation &Abolition) Act, 1970
Within 15 Days of commencement/ completion of contract work
Return/Notice within 15 days of commencement/ completion of each contract by the Principal employer
Form VI-B
Payment of Gratuity Rule
Within 30 Days of applicability of the Act & any change
Notice of applicability of the Act & any change
Form A or B
The Apprenticeship Act 1961
15.04.2021
Half Yearly Return March Ending
Form APP-2
The Employment Exchange (CNV) Act 1959 & Rules
30.04.2021
Quarterly Return For Quarter Ended 31st March
ER-1 Rule 6
Key Update:
1. From 15th Feb.,2020, new Companies registered through MCA Portal, www.mca.gov.inneed not comply with provisions of ESI Act till they reach threshold limit of ESI coverage or initial 6 months whichever is earlier. For further details login to ‘ www.esic.in . Submission of Mobile Number and Bank Account details(Bank Name, Branch Name & IFSC) shall be mandatory for registration of New employee.For more updates:Click here
2. Govt. defers implementation of Labour Codes due to Covid-19 Outbreak
Reason behind deferment of New Labour Codes:Resurgence of Covid-19 cases in major industrial states have raised apprehensions that economic recovery seen so far could be stalled or even reversed if the cases continue to go up.
Crux about New Labour Codes: The labour ministry had amalgamated 29 labour laws into four Codes to significantly reduce compliance burden, improve the ease of doing business, greater ease of hiring and firing of workers and enhanced flexibility to employers in terms of work hours.
Key Highlights:
The government has deferred implementation of labour codes beyond April 1, citing delay on the part of states to finalise Rules.
The move is expected to give more time and bandwidth to companies to retweak their salary structures and other human resource (HR) policies as certain provisions of the Code would have led to increase in employee cost for the companies.
The government wants at least some industrial states to notify rules across four labour codes along with the Centre to avoid any legal void.
Only Jammu and Kashmir has notified Rules for the codes while states of Uttar Pradesh, Bihar, Uttarakhand and Madhya Pradesh have put up draft Rules for two Codes while Karnataka has put it up for one Code.
Updates TRACKER under Labour LAws – March, 2021:
Sl.
Particulars
Link
1
Gangwar says, fall in inflation will improve purchasing power of the working class
2-day comprehensive consultative sessions held with subject-matter experts to discuss and finalize the schedules and the sampling methodology for the five All-India Surveys
1.35 Crore ESI beneficiaries of 113 districts of four States – Chhatisgarh, Karnataka, Madhya Pradesh &Maharashtrato get cashless treatment from Ayushman Bharat PM-JAY empaneled hospitals
Within one month of end of each half of the financial year.
2
Regulation 40 (9) – Certificate from Practicing Company Secretary.
Within one month of the end of each half of the financial year.
3
Regulation 23(9) Submission of disclosure on Related party transactions under
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges.
Regular / Annual Compliance
REG NO
REGULATION NO
PARTICULARS
TIMELINE
47 Advertisements in Newspapers.
47 (3) Advertisements in Newspapers
Financial results at 47 clause (b) of sub-regulation (1), shall be published within 48 hours of conclusion of the meeting of board of directors at which the financial results were approved.
48 HOURS
23 Related party transactions.
Reg 23(9) Related party transactions
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
30 days
24A Secretarial Audit.
Red 24A
Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. (within 60 days from the Closure of FY)
60 days from the Closure of FY
36 Documents & Information to shareholders.
36(1)
The listed entity shall send annual report referred to in sub-regulation 36(1), to the holders of securities, not less than twenty-one days before the annual general meeting
21 days before AGM
46 Website
46(2)(s)
The listed entity shall disseminate the following information under a separate section on its website separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year, uploaded at least 21 days prior to the date of the annual general meeting which has been called to inter alia consider accounts of that financial year.]
21 days prior 1 days prior to the date of AGM
COMPLIANCE ON IMPACT OF COVID 19:Reg 4(2)(e),30,33,51
Advisory on disclosure of material impact of COVID-19 pandemic on listed entities under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Link
Quarterly compliance which included half year compliance except FR
REG NO
REGULATION NO
PARTICULARS
TIMELINE
Intimation
Reg 29 read with Reg 33
intimation regarding item specified in clause 29(1) (a) to be discussed at the meeting of board of directors shall be given at least five days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors
at least 5 working days in advance, excluding the date of the intimation and date of the meeting
Intimations and Disclosure of events or information to Stock Exchanges.
87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III
The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information:
24 HOURS
Valuation, Rating and NAV disclosure.
87C(1) (iii)
An issuer whose security receipts are listed on a stock exchange shall ensure that: the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter.
15 Days
Event based Compliances
30 Disclosure of events or information.
30(6) AND Part A of Schedule III
The listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information
24 HOURS
30 Disclosure of events or information.
30(6) AND sub-para 4 of Para A of Part A of Schedule III
The listed entity shall disclose to the Exchange(s), within 30 minutes of the closure of the meeting held to consider the following: a) dividends and/or cash bonuses recommended or declared or the decision to pass any dividend and the date on which dividend shall be paid/dispatched; b) any cancellation of dividend with reasons thereof; c) the decision on buyback of securities; d) the decision with respect to fund raising proposed to be undertaken e) increase in capital by issue of bonus shares through capitalization including the date on which such bonus shares shall be credited/dispatched; f) reissue of forfeited shares or securities, or the issue of shares or securities held in reserve for future issue or the creation in any form or manner of new shares or securities or any other rights, privileges or benefits to subscribe to; g) short particulars of any other alterations of capital, including calls; h) financial results; i) decision on voluntary delisting by the listed entity from stock exchange(s).
30 MINUTES
31A: Conditions for re-classification of any person as promoter / public
31A(8)
The following events shall deemed to be material events and shall be disclosed by the listed entity to the stock exchanges as soon as reasonably possible and not later than twenty four hours from the occurrence of the event: (a) receipt of request for re-classification by the listed entity from the promoter(s) seeking re-classification; (b) minutes of the board meeting considering such request which would include the views of the board on the request; (c) submission of application for re-classification of status as promoter/public by the listed entity to the stock exchanges; (d) decision of the stock exchanges on such application as communicated to the listed entity;
24 HOURS
34 Annual Report.
34(1)(b)
in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.]
48 HOURS
44 Meetings of shareholders and voting
44(3)
The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in the format specified by the Board.
48 HOURS
47 Advertisements in Newspapers.
47 (3) Advertisements in Newspapers
The listed entity shall publish the information specified in 47(1) in the newspaper simultaneously with the submission of the same to the stock exchange(s). The same is reproduced below 47(1) (a) notice of meeting of the board of directors where financial results shall be discussed (c )statements of deviation(s) or variation(s) as specified in sub-regulation (1) of regulation 32 on quarterly basis, after review by audit committee and its explanation in directors report in annual report; (d) notices given to shareholders by advertisement
Simultaneously
–
SCHEDULE III PART PART A 7(A)
resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but not later than twenty four hours of receipt of such reasons from the auditor
24 HOURS
–
SCHEDULE III PART PART A 7(B)
In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities: i. Detailed reasons for the resignation of independent directors as given by the said director shall be disclosed by the listed entities to the stock exchanges. ii. The independent director shall, along with the detailed reasons, also provide a confirmation that there is no other material reasons other than those provided. iii. The confirmation as provided by the independent director above shall also be disclosed by the listed entities to the stock exchanges along with the detailed reasons as specified in sub-clause (i) above.]
7 days from the date of resignation
7 Share Transfer Agent.
Reg 7(4) & (5) Share Transfer Agent.
The listed entity shall intimate any change or appointment of a new share transfer agent, to the stock exchange(s) within seven days of entering into the agreement.
7 DAYS
29
Reg 29(1)
The intimation required under 29 (1), shall be given at least two working days in advance, excluding the date of the intimation and date of the meeting Reg 29(1) is reproduced below: (b) proposal for buyback of securities ; (c) proposal for voluntary delisting by the listed entity from the stock exchange(s); (d) fund raising by way of further public offer, rights issue, American Depository Receipts/Global Depository Receipts/Foreign Currency Convertible Bonds, qualified institutions placement, debt issue, preferential issue or any other method and for determination of issue price: Provided that intimation shall also be given in case of any annual general meeting or extraordinary general meeting or postal ballot that is proposed to be held for obtaining shareholder approval for further fund raising indicating type of issuance. (e) declaration/ recommendation of dividend, issue of convertible securities including convertible debentures or of debentures carrying a right to subscribe to equity shares or the passing over of dividend. (f) the proposal for declaration of bonus securities where such proposal is communicated to the board of directors of the listed entity as part of the agenda papers:
at least 2 working days in advance, excluding the date of the intimation and date of the meeting
31 Holding of specified securities and shareholding pattern.
Reg 31 (1)(a)
The listed entity shall submit to the stock exchange(s) a statement showing holding of securities and shareholding pattern separately for each class of securities, in the format specified by the Board from time to time – one day prior to listing of its securities on the stock exchange(s);
1 day prior to listing of its securities on the stock exchange(s
31
Reg 31 (1 (c)
within ten days of any capital restructuring of the listed entity resulting in a change exceeding two per cent of the total paid-up share capital:
within 10 days of any capital restructuring
31A Conditions for re-classification of any person as promoter / public
Reg 31A
an application for re-classification of a promoter/ person belonging to promoter group to public to the stock exchanges has to be made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting
30 days from the date of approval by shareholders in general meeting
37 Draft Scheme of Arrangement & Scheme of Arrangement.
37(1)
Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No-objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time.
Before filling the same with any court or tribunal
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities.
39(2)
The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within a period of thirty days from the date of such lodgement.
30 Days
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities
39(3)
The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within two days of its getting information.
2 days of its getting information.
40 Transfer or transmission or transposition of securities.
40 (3)
On receipt of proper documentation, the listed entity shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of fifteen days from the date of such receipt of request for transfer.
15 days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in dematerialized mode within seven days after receipt of the specified documents:
7 Days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in physical mode within twenty one days after receipt of the specified documents:
21 Days
–
SCHEDULE VII: TRANSFER OF SECURITIES (PART B (1))
In case of minor differences in the signature of the transferor(s), the listed entity shall follow the following procedure for registering transfer of securities: (a) the listed entity shall promptly send to the first transferor(s), via speed post an intimation of the aforesaid defect in the documents and inform the transferor(s) that objection, supported by valid proof, is not lodged by the transferor(s) with the listed entity within fifteen days of receipt of the listed entity’s letter, then the securities shall be transferred
15 Days
42 Record Date or Date of closure of transfer books.
42(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date:
7 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(2)
in the case of rights issues, the listed entity shall give notice in advance of atleast three working days (excluding the date of intimation and the record date).]
3 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(3)
The listed entity shall recommend or declare all dividend and/or cash bonuses at least five working days (excluding the date of intimation and the record date) before the record date fixed for the purpose.
5 working days advance intimation excluding the date of the intimation and date of the meeting
46 Website
46 (3)(b)
The listed entity shall update any change in the content of its website within two working days from the date of such change in content.
2 working days
50 Intimation to stock exchange(s).
50(1)
The listed entity shall give prior intimation to the stock exchange(s) at least eleven working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.
11 working days
50 Intimation to stock exchange(s).
50(3)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered.
2 working days advance intimation excluding the date of the intimation and date of the meeting
52 Financial Results.
52 (4) & (5)
The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4), submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents
7 working days
52 Financial Results.
52 (4) & (8)
The listed entity shall, within two calendar days of the conclusion of the meeting of the board of directors, publish the financial results and statement referred to in reg 52 (4), in at least one English national daily newspaper circulating in the whole or substantially the whole of India.
two calendar days of the conclusion of the meeting
57 Other submissions to stock exchange(s).
57(1)
The listed entity shall submit a certificate to the stock exchange within two days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities
within 2 days
60 Record Date
60(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the stock exchange(s) may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
78 Record Date.
78(2)
The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date
notice in advance of at least 4 working days
82 Intimation and filings with stock exchange(s).
82(2)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered.
2 working days in advance, excluding the date of the intimation and date of the meeting,
82 Intimation and filings with stock exchange(s).
82(3)
The listed entity shall submit such statements, reports or information including financial information pertaining to Schemes to stock exchange within seven days from the end of the month/ actual payment date, either by itself or through the servicer, on a monthly basis in the format as specified by the Board from time to time: Provided that where periodicity of the receivables is not monthly, reporting shall be made for the relevant periods.
within 7 days
87 Record Date.
87(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date
7 working days advance intimation excluding the date of the intimation and date of the meeting
87E Record Date.
87E(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the stock exchange(s) of the record date or of as many days as the stock exchange may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
SYSTEM DRIVEN DISCLOSURE
FOR SAST AND PIT REG: Listed entities shall follow System Driven Disclosure by designating 1 Depository as Designated Depository and uploading the Formation of promoter. Promoter Group ,Designated Person, Directors, Employees not below 2 level (till 30/09/2020)
The Key Summary of System Driven Disclosure of Sep 9, 2020 (Link) is reproduced below:
“→. Listed company shall provide the information including PAN number of Promoter(s) including member(s) of the promoter group, designated person(s) and director(s) (hereinafter collectively referred to as entities) as per PIT Regulations to the designated depository (selected in terms of SEBI circular ref. no. SEBI/HO/CFD/DCR1/CIR/P/2018/85 dated May 28, 2018) in the format and manner prescribed by the Depositories. For PAN exempt entities, the Investor’s Demat account number(s) shall be specified by the listed company. The information shall be provided within 10 days from the date of this circular.
→. The designated depository shall share the information received from the listed company with other depository.
→. In case of any subsequent update in the details of the entities, the listed company shall update the information with the designated depository on the same day. The designated depository shall share the incremental changes with the other depository on the day of receipt from the listed company.”
Below is summary of circulars issued in this regards.
6. SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
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.”.
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 30(1)
Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified.
The disclosures required under sub-regulation (1) and sub-regulation (2) shall be made within seven working days from the end of each financial year to; every stock exchange where the shares of the target company are listed; and the target company at its registered office
2
Regulation 30(2)
The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may
The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company,
within 2 (two) working days
4.
Regulation 31(4)
Disclosure of encumbered shares
Promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the 31st March, in such target company in such form as may be specified
7. SEBI (Prohibition of Insider Trading) Regulations, 2015
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 7(2)“Continual Disclosures”
Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified;
Every company shall notify; within two trading days of receipt of the disclosure or from becoming aware of such information
8. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Schedule XIX – Para (2) of ICDR Read with Reg 108 of SEBI LODR
“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from thedate of allotment within 20 days (unless otherwise specified).
Within 20 days from the date of allotment
2
Regulation 162
The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment.
Application for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s.
Within 7 working days from grant of date of listing approval
4
Regulation 76 Application for rights issue
The issuer along with lead managers and other parties related to the issue shall constitute an optional mechanism (non-cash mode only) to accept the applications of the shareholders to apply to rights issue subject to ensuring that no third-party payments shall be allowed in respect of any application.
5.
Regulation 77 Service of Documents
In case if the company fails to adhere to modes of dispatch through registered post or speed post or courier services due to Covid-19 conditions it will not be treated as non-compliance during the said period. The issuers shall publish required & necessary documents on the websites of the company, registrar, stock exchanges and the lead managers to the rights issue.
6
Regulation 84 Advertisement
Issuer has the flexibility to publish the advertisement in additional newspapers above those required in Regulation 84. The advertisement should also be made available on: A. Website of the Issuer, Registrar, Lead Managers, and Stock Exchanges. B. Television channels, radio, the internet, etc. to spread information related to the process.
9. SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 11 and 24(iv)
Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other specified securities of the company are listed within seven days of extinguishment and destruction of the certificates
7 days of extinguishment and destruction of the certificates
2
Regulation 24(i) (f)
Minimum time between buy back and raising of funds
Temporary relaxation in the period of restriction provided in Regulation 24(i)(f) from “one year” to “six months” Applicable up to December 31, 2020 only
10. SEBI (Depositories and Participants) Regulations 2018)
Sl. No.
Compliance Particulars
Due Date
1.
Regulation 76 (Quarter, January – March 2021) Reconciliation of Shares and Capital Audit
30.04.2021
2.
Regulation 74 (5): Processing of demat requests form by Issuer/RTAs – Certificate Received from Registrar
Within 15 days of receipt of the certificate of security
The amended provisions of the Indian Stamp Act, 1899 brought through Finance Act, 2019 and Rules made thereunder shall come into force w.e.f 1st July, 2020. The stamp duty rates being implemented through the Amended Indian Stamp Act w.e.f 01/07/2020 are:
Instruments
Rate
Issue of Debenture
0.005%
Transfer and Re-issue of debenture
0.0001%
Issue of security other than debenture
0.005%
Transfer of security other than debenture on delivery basis;
0.015%
Transfer of security other than debenture on non-delivery basis
AIFs, where RTAhave not been appointedso far, shall appoint RTA, at the earliest, butnotlater than July 15, 2020 to enable collection of applicable stamp duty on issue, transfer and saleof units of AIFs in compliance with the applicable provisions of the Indian Stamp Act, 1899 and the Rules made thereunder: CIRCULAR : LINK
SEBI Circulars Tracker: 01.03.2021 to 31.03.2021
Sl.
Particulars
Link
1
UNSC Sanctions Committee List – Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s 1267/ 1989 ISIL (Da’esh) & Al-Qaida Sanctions List
Recovery Proceedings – Attachment Proceeding Order nos. 2519 of 2016 & 2520 of 2016 against Mr.Jayanta Kumar Basu [Defaulter] PAN: AKSPB8412H, [Defaulter] in the matter of Basil International Limited under Recovery Certificate No. 898 of 2016
Extension of facility for conducting meeting(s) of unitholders of REITs and InvITs through Video Conferencing (VC) or through other audio-visual means (OAVM)
Amendments to provisions in SEBI Circular dated September 16, 2016 on Unique Client Code (UCC) and mandatory requirement of Permanent Account Number (PAN)
Informal Guidance – In the matter of Ramkrishna Forgings Limited – Informal guidance under regulation 10(1)(d)(iii) of SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 2011 1
12. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / Filing mode
Companies Act, 2013
Within 180 Days From The Date Of Incorporation Of The Company (one time compliance only)
As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.
MCA E- Form INC 20A(one time compliance)
Companies Act, 2013
First declaration within 90 days from the date of notification Dt. 08.02.2019
A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019 In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.
Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (the date of receipt of declaration in BEN-1 ) CLICK HERE
Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013
One time Compliance
Filing of the particulars of the Company & its registered office. (by every company incorporated on or before the 31.12.2017.)
Active FormINC -22A
Companies Act, 2013
Annual Compliance
*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2020-21 is 30th September, 2021 Annual Exercise:CLICK HEREPenalty after due date is Rs. 5000/-(one time)
E-Form DIR – 3 KYC(Web Based and E-form)
Companies Act, 2013
Within 270 days from the date of deployment of this Form
NFRA-2(NFRA-2 e-Form live since 9th December 2019.)
Companies Act, 2013
Within 30 days of the board meeting
Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed.
MGT-14 (Filing of resolution with MCA)
Companies Act, 2013
Within 60 (sixty) days from the conclusion of each half year.
Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014 To be filed all unlisted companies, deemed public companies Till further clarification to be filled in GNL-2
E-Form PAS – 6
Companies Act, 2013
For half year period ‘October to March’ – 30th April
All Specified Companies (i.e. Companies who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed 45 days from the date of acceptance or the date of deemed acceptance of the goods or services as per section 9 of the Micro, Small and Medium Enterprises Development Act, 2006) to file details of all outstanding dues to Micro or small enterprises suppliers existing on 22nd January, 2019 within thirty days.
Form MSME -1
New MCA E-form Introduced: CSR related Compliance
CSR -1 : Filing of Form CSR-1 with the Registrar of Companies (MCA) for registration of entities for undertaking CSR Activities:
Form CSR-1 is required to be filed pursuant to Section 135 of the Companies Act, 2013 and Rule 4 (1) and (2) of the Companies (Corporate Social Responsibility Policy) Rules, 2014 as amended/substituted by the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021.
KEY UPDATES:
MCA DEFERS SOFTWARE WITH AUDIT TRAIL BY 1 YEAR till 01.04.2022
Ministry of Corporate Affairs (MCA) vide notification dated 01st April 2021 has deferred mandating Companies to use Software with an Audit Trail of each Transaction till 01st April, 2022.
Kindly note that:
The MCA had earlier notified that every company which uses accounting software for maintaining its books of account shall use only such accounting software which has a feature of recording audit trail of each and every transaction, creating an edit log of each change made in books of account along with the date when such changes were made and ensuring that the audit trail cannot be disabled.
Now, this notification now shall come into force with effect from the 1 April, 2022 only.
Finance Minister Smt. NirmalaSitharaman launches Central Scrutiny Centre and IEPFA’s Mobile App to leverage digital solutions to achieve Prime Minister’s vision of ‘Digitally empowered India’
13. IBBI Updates {Insolvency and Bankruptcy Board of India}
IBC will be back in full force from March 25, 2021.
Bankruptcy filings can resume; govt working on ‘pre-pack’ resolutions to clear backlog, new cases. With the economy returning to normalcy, the Centre has, as widely expected, allowed the IBC suspension valid till Wednesday (March 24) to lapse. The Insolvency and Bankruptcy Code will be back in full force from Thursday, 25.03.2021.
By not extending beyond March 24 the suspension of insolvency proceedings i, the Corporate Affairs Ministry (MCA) has indicated that time has come for the IBC to resume rescue of the corporate debtor through resolution and failing that through liquidation. Stakeholders are bracing themselves for the normal functioning of the IBC ecosystem.
Pre-pack mechanism :With the IBC suspension now revoked, the government is now working towards introduction of a ‘pre-pack’ insolvency mechanism for which certain legislative changes are required, official sources said. Indications are that pre-packs will initially be available for MSMEs and the legal changes wll be introduced in the ongoing Budget session of Parliament itself either through an amendment Bill or even an Ordinance.
Budget Allcation for IBBI
As per the Budget document, the Insolvency and Bankruptcy Board of India (IBBI) has been allocated Rs 39 crore.
Important Notifications and Circulars Tracker (March, 2020)
Sl.
Notification(s)
Link(s)
1.
Revision of fees applicable for Limited Insolvency Examination and Valuation Examinations w.e.f 1st April, 2021
Directions under Section 35 A read with Section 56 of the Banking Regulation Act, 1949 (AACS)– Dr.ShivajiraoPatilNilangekar Urban Co-operative Bank Ltd. Nilanga, District Latur, Maharashtra – Extension of Period
Provisional list of IPs prepared in accordance with Guidelines for Appointment of IPs as Administrators under the SEBI (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018,’ for a period from April 1, 2021 to September 30, 2021
In the matter of Indus Biotech Private Limited Vs. Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited) &Ors., Arbitration Petition (Civil) No. 48/2019 with Civil Appeal No.1070 /2021 @ SLP (C) No. 8120 of 2020
This article is updated till 31st March, 2021 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.
This article contains various Compliance requirements for the Month of February, 2021 under Statutory Laws. Compliance means “adhering to rules and regulations.” Compliance is a continuous process of following laws, policies, and regulations, rules to meet all the necessary governance requirements without any failure.
If you think compliance is expensive, try non‐ compliance”
Corporate Compliance Calendar – Nov. 2020 (Track due dates)
About Article :
This article contains various Compliance requirements for the Month of November, 2020 under Statutory Laws. Compliance means “adhering to rules and regulations.” Compliance is a continuous process of following laws, policies, and regulations, rules to meet all the necessary governance requirements without any failure.
If you think compliance is expensive, try non‐ compliance”
2. Goods & Services Tax Act, 2017 (GST) and Important Updates / Circulars
3. Companies Act, 2013 (MCA/ROC and LLP Compliance) and Notifications
4. Other Statutory Laws and Updates
5 Foreign Exchange Management Act, 1999 (FEMA) and Important Notifications
6. SEBI (Listing Obligations & Disclosure Requirements) (LODR) Regulations, 2015
7. SEBI Takeover Regulations 2011
8. SEBI (Prohibition of Insider Trading) Regulations, 2015
9. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
10. SEBI (Buyback of Securities) Regulations, 2018
11. Insolvency and Bankruptcy Board of India (IBBI) Updates
12. NCLT & NCLAT Updates
13. MSME Key Updates
14. Competition Commission of India
Stay Connected & Stay Updated !!
Compliance requirement under Income Tax act, 1961
Sr. No.
Particulars
Period
Actual Due Date
Revised Due Date
1
Income Tax Return u/s 139 (Revised or Belated Return)
AY 2019- 20
31st March 2020
30th November, 2020
2
Revised Return of Income for
A/Y 2019-20
30th November, 2020
3
Income Tax Return u/s 139 (In cases of assessee to whom TP Audit, Company Audit and Tax Audit is applicable)
AY 2020-21
31st October 2020/ 30th November 2020
31st January, 2021
4
Income Tax Return u/s 139 (Other than Sr. no. 2 above)
AY 2020-21
31st July, 2020
31st December, 2020
5
Self – Assessment (SA) Tax Liability. No interest chargeable under Section 234A, if the SA Tax liability is up-to INR 1 Lakh
AY 2020-21
On or Before 31st July 2020/ 31st October 2020
31st January, 2021 (In case of assessees not requiring any Audit, it is 31st December, 2020)
6
Filing of Tax Audit Report under section 44AB and TP Report under section 92E of the IT Act
AY 2020-21
30th September, 2020
31st December, 2020
7
Filing of Master file in Form 3CEAA-Part A and /or Part B
AY 2020-21
30th November 2020
No clarification presumed to be 31st January, 2021*
8
Intimation for Master File – Form 3CEAB
AY 2020-21
31st October 2020
31st December, 2020*
9
Safe Harbour Rule – Form 3CEFA
AY 2020-21
30th November 2020
31st January, 2021*
10
Filing of Intimation in Form 3CEAC Country by Country Reporting
AY 2020-21
31st January 2021
No Change 31st January, 2021
11
Filing of Form 3CEAD Country by Country Reporting
AY 2020-21
31st March 2021
No Change 31st March, 2021
12
Deduction available under Chapter VI A, in heading B (e g., 80C, 80D, 80G etc.)
AY 2020-21
31st March 2020
No Change 31st July, 2020
13
Capital Gain Exemption u/s 54 to 54GB
AY 2020-21
Due dates as per Income Tax Act
No Change 30th September, 2020
14
Furnishing of TDS/ TCS Statement (Returns)
Q4 of AY 2020-21
31st May 2020
No Change 31st July, 2020
15
Issuance of TDS/ TCS certificate
AY 2020-21
15th June 2020
No Change 15th August, 2020
16
Linking of Aadhar with PAN
–
30th June 2020
No Change 31st March, 2021
17
Payment under Vivad se Vishwas Act, 2020
–
31st March 2020
As per Notification dated 27 October 2020 31st March 2021**
18
Declaration to be filed before the designated authority under Vivad se Vishwas Act, 2020
31st March 2020
31st December 2020**
19
Commencement of Operation for Special Economic Zone units under section 10AA of the IT Act
–
31st March 2020
No Change 30th September, 2020
20
Matters other than specifically provided: a. Completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act; or Filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the specified Act
Deadline falling between 20th March 2020 and 31st December 2020
No Change 31st March, 2021
21
Form 24Q, 26Q, 27Q, and 27EQ of Q1 and Q2
F/Y 2020-21
31st March, 2021
22
Form 26QB, 26QC, and 26QD
April to November 2020
31st March, 2021
23
In case where any due date for making payments towards any tax or levy under the specified Act falls between 20.3.2020 and 29.6.2020 and where such tax or levy has been paid on or before 30.6.2020, Interest would be levied at a reduced rate of 0.75% p.m. Further no penalties or prosecution shall be initiated in respect of such amount for the period of delay. No clarification on extension of date for the same is issued.
Note: ** The Ministry of Finance has issued a Notification No 85/2020 dated 27 October, 2020, under the Vivad se Vishwas Act, 2020, that in order to mitigate undue hardship and remove difficulty that may be caused by the requirement of payment within 15 days from date the date of receipt of certificate from designated authority, allows the declarant to make the payment without any additional amount till on or before 31st March, 2021. Further, the declaration can be filed by 31 December, 2020.
Importatnt updates:
1. You must check these 5 things in your Form 26AS
Information regarding Tax Deducted at Source for all income and Tax Collected at Source wherever applicable.
Information related to specified financial transactions from ‘specified persons’, mutual funds, banks, bond issuers etc.
Information related to income-tax payments such as advance tax and self-assessment tax paid by the taxpayer.
Information regarding tax demands and tax refunds by the IT department.
Information related to pending and completed income tax proceedings.
2. Income Tax refunds issued: Taxpayers get more than Rs 1 lakh crore in first half of this fiscal
The Income Tax Department today said that it has issued refunds of over Rs 1.18 lakh crore to more than 33.54 lakh taxpayers between 1 April 2020 and 29 September 2020. Income tax refunds of Rs 32,230 crore have been issued in 31.75 lakh cases and corporate tax refunds of Rs 86,094 crore have been issued in 1.78 lakh cases.
3. New Tax Collected at Source (TCS) regime
The Income Tax Department issued guidelines for applicability of TCS provision which requires an e-commerce operator to deduct 1 per cent tax on sale of goods and services. The new Tax Collected at Source (TCS) regime will come into effect from October 1 . The Finance Act, 2020 inserted a new section 194-O in the Income-tax Act 1961 which mandates that with effect from October 1, 2020, an e-commerce operator shall deduct income tax at the rate of 1 per cent of the gross amount of sale of goods or provision of service or both, facilitated through its digital or electronic facility or platform
4. Scrip-wise reporting in ITR must only for LTCG exemption, not for day-trading, short-term gains: CBDT
The Central Board of Direct Taxes has clarified that there is no requirement for scrip wise reporting for day trading and short-term sale or purchase of listed shares in the filing of income tax return (ITR) in assessment year (AY) 2020-21.
The scrip wise details are needed while filing ITR for AY 2020-21 for reporting long-term capital gains (LTCG) for listed shares or specified units eligible for the benefit of grandfathering. The Finance Act, 2018 exempted gains made on the listed shares/specified units up to January 31, 2018, by introducing grandfathering mechanism for computation of LTCG for these shares.
5. No need to fill Schedule 112A in ITR for stock trading, clarifies CBDT; but no respite for investors
If an investor redeems his/her investment in equity MF done through monthly SIP after 10 years, he/she will have to fill 7 columns in 240 rows for a single investment.
The CBDT, however, said that without scrip wise entries, taxpayers may not claim the grandfathering benefit properly.
Moreover, without separate entries, the income tax authorities can’t check the correctness of the claim, argues the CBDT. As a result many returns will require to be audited, which may lead to unnecessary grievances/rectifications at a later stage.
6. Income tax: Faceless Appeals Scheme challenged in Delhi High Court
A petition has been filed in Delhi HC seeking a direction to government to grant an opportunity of hearing to all taxpayers/assessees under the Faceless Appeals Scheme 2020. The petitioner has challenged the discretionary power of the Chief Commissioner or the Director General of Income Tax in granting chance of hearing to assessee. In the matter Delhi HC has issued notice to the Income-Tax department and reply has been sought in four weeks. Matter to be heard on 15th December, 2020.
7. Various Due date Extended
In view of constraints being faced by taxpayers due to COVID-19,CBDT further extends due dates for various compliances for FY 2019-20:
The due dt of furnishing Income Tax Returns (ITRs) for taxpayers whose accounts require to be audited has been extended to 31st, January,2021.
The due date for furnishing of ITRs for the taxpayers who are required to furnish report in respect of international/specified domestic transactions has been extended to 31st January, 2021.
The due date for furnishing of ITRs for the other taxpayers has been extended to 31st December, 2020
The date for furnishing of various audit reports under the Act, including tax audit report and report in respect of international/specified domestic transaction, has been extended to 31st December, 2020
Providing further relief to small & middle-class taxpayers in the matter of payment of self-assessment tax, the due dates for payment of self-assessment tax have again been extended. Details in Press Release above.
8. Income Tax Department issues guidelines for filing income tax returns
The Income Tax Department has issued a detailed step by step reckoner for filing tax returns to be submitted under different heads. These instructions are guidelines to help the taxpayers for filling the particulars in Income-tax Return Form-1 for the Assessment Year 2020-21 relating to the Financial Year 2019-2020.
Important Notifications:
Sl. No.
Particulars of the Notification(s)
File No. / Circular No.
Notification Link(s)
1.
CBDT issues Notification on Extension of time limit for filing of AY 2019-20 under the Income Tax Act, 1961.
the Central Government, in consultation with the Chief Justice of the Gauhati High Court, hereby designates the Court of Munsiff No. 3-cum-Judicial Magistrate, 1st Class, Kamrup (M), Guwahati as the Special Court for the States of Assam, Nagaland, Mizoram and Arunachal Pradesh.
Keeping in view the preventive measures taken to contain the spread of Novel Coronavirus (COVID-19) and the difficulties being faced by the GST taxpayer, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs, has extended the various due date for Filing GST Returns without additional fee / penalty.
G
Filing of GSTR –3B
STR 3B Due Dates for May 2020
A. Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
October, 2020
20th November, 2020
–
–
–
B. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
Feb, 2020
22nd March, 2020
30th June, 2020
1st July to 30th Sept., 2020
1st Oct., 2020
March, 2020
22nd April, 2020
3rd July, 2020
4th July to 30th Sept., 2020
1st Oct., 2020
April, 2020
22nd May, 2020
6th July, 2020
7th July to 30th Sept., 2020
1st Oct., 2020
May, 2020
12th July, 2020 (extended date for filing)
12th Sept., 2020
13th Sept to 30th Sept., 2020
1st Oct., 2020
June, 2020
22nd July, 2020
23rd Sept., 2020
24th Sept to 30th Sept., 2020
1st Oct., 2020
July, 2020
22nd August, 2020
27th September, 2020
28 Sep-30 Sep 2020
01.10.2020 to till actual date of deposit of Tax
October, 2020
22nd November, 2020
Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep
C. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)
Tax period
Due Date
No interest payable till
Interest payable @ 9% from & till
Interest payable @ 18% from
Feb, 2020
24th March, 2020
30th June, 2020
1st July to 30th Sept., 2020
1st Oct., 2020
March, 2020
24th April, 2020
5th July, 2020
6th July to 30th Sept., 2020
1st Oct., 2020
April, 2020
24th May, 2020
9th July, 2020
10th July to 30th Sept., 2020
1st Oct., 2020
May, 2020
14th July, 2020 (extended date for filing)
15th Sept, 2020
16th Sept to 30th Sept., 2020
1st Oct., 2020
June, 2020
24th July, 2020
25th Sept, 2020
26th Sept to 30th Sept., 2020
1st Oct., 2020
July, 2020
24th August, 2020
29th Sept, 2020
30th Sept., 2020
1st Oct., 2020
October, 2020
24th November, 2020
Group B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi
D. Filing Form GSTR-1:
Tax period
Due Date
Remarks
October to December, 2020 Quarterly return
13.01.2021
Taxpayers having an aggregate turnover of Up to Rs. 1.50 Crores (< Rs 1.50 Cr) or opted to file Quarterly Return
Monthly return (October, 2020)
11.11.2020
Taxpayers having an aggregate turnover of More than Rs. 1.50 Crores (> Rs 1.50 Cr) or opted to file Monthly Return
E. Compliances for Composition taxpayers
Form No.
Compliance Particulars
Due Date (New)
GST CMP-08
3rd Quarter – October to December, 2020
18.01.2021
GSTR-4
The yearly return for 2019-20 shall be required to be filed in Form GSTR 4
31.10.2020 (no further extension)
GSTR-4
Annual Return by Composition Dealer for the F/Y 2019-2020
31.10.2020 (no further extension)
F. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers
Return for Tax Deducted at source to be filed by Tax Deductor
10th of succeeding month
10.11.2020
GSTR -8
E-Commerce operator registered under GST liable to TCS
10th of succeeding month
10.11.2020
G. GST Annual Returns:
Form No.
Compliance Particulars
Due Date (New)
GSTR-9A (2018-19)
Annual return
31.12.2020
GSTR-9 (2018-19)
Taxpayers having an aggregate turnover of more than Rs. 2 Crores or opted to file Annual Return.
31.12.2020
GSTR-9C (2018-19)
Reconciliation Statement/ Audit Report for Taxpayers having a Turnover of more than Rs. 5 crores.
31.12.2020
Key UPDATE(s):
1. E – Invoice mandatory for taxpayers
E – Invoice mandatory for taxpayers whose Aggregate Turnover in any of the previous financial year from 2017-18 onwards is more than Rs 500 crore. (Notification No. 60, 61 & 70/2020 CT; Dated 30th July 2020) from 1 Oct 2020.
CBIC notifies registered person, other than a Special Economic Zone unit and those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of the said rules, whose aggregate turnover in any preceding financial year from 2017-18 onwards exceeds Five hundred crore rupees, as a class of registered person who shall prepare invoice and other prescribed documents, in terms of sub-rule (4) of rule 48 of the said rules in respect of supply of goods or services or both to a registered person or for exports.
2. Implementation of the Dynamic QR Code for B2C invoices extended till 01.12.2020.
Where registered person having turnover in excess of INR 500 crore, makes supply to an unregistered person (i.e. B2C supply) then invoices shall contain QR Code. [Notification No. 72/2019 – CT dated 13th December, 2019] (subject to certain exceptions).
The said provisions were to be applicable w.e.f. 1st October, 2020. Amidst COVID – 19, the CBIC has decided to further defer the same and make it effective from 1st December, 2020
3. New functionalities made available for TCS and Composition taxpayers
Provision to make amendment, multiple times, in Table 4 of Form GSTR-8
4. Composition taxpayers with ‘NIL’ returns can file via SMS: GSTN
GST Network on Monday said it has launched the facility of filing quarterly returns by SMS for composition taxpayers with ‘NIL’ liability. Out of the total of 17.11 lakh taxpayers registered under the Composition Scheme, about 20 per cent or 3.5 lakh taxpayers are NIL return filers.
With this, composition taxpayers can now file NIL statement in Form GST CMP-08 through SMS and without logging in to the GST portal. CMP-08 is a quarterly statement of self-assessed tax to be submitted by composition taxpayers.
5. Withdrawal of EVC facility extended to companies for filing GSTR1 and GSTR3B.
The facility to file GSTR 3B and GSTR-1 with the EVC in lieu of DSC extended to the registered person, who are also registered under the Companies Act, 2013, shall be withdrawn w.e.f. 1st Nov. 2020. However, facility to file NIL returns through OTP verification, shall be continued for all types of registered persons in view of notification 58/2020- dated 1st July 2020
GST UPDATES from 01.10.2020 to 31.10.2020:
Sl. No.
Notification(s)
Notification No.
Link(s)
1.
Seeks to amend notification no. 41/2020-Central Tax dt. 05.05.2020 to extend due date of return under Section 44 till 31.10.2020
Extension of CGST exemption on services by way of transportation of goods by air or by sea from customs station of clearance in India to a place outside India, by one year i.e. upto 30.09.2021.
DGGI Gurugram Zonal Unit arrest one person on charges of creating and operating fictitious firms on forged documents and passing fake input tax credit of Rs 190 crore
Clarification of issues relating to application of sub-rule (4) of rule 36 of the CGST Rules, 2017, cumulatively for the months of February, 2020 to August, 2020
Seeks to prescribe the due date for furnishing FORM GSTR-1 for the quarters October, 2020 to December, 2020 and January, 2021 to March, 2021 for registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year.
Seeks to prescribe the due date for furnishing FORM GSTR-1 by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2020 to March, 2021.
Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2019-20 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date.
To amend notification No. 12/ 2017- Central Tax (Rate) so as to exempt satellite launch services provided by ISRO, Antrix Co. Ltd and NSIL as recommended by GST Council in its 42nd meeting held on 05.10.2020.
further amendments in the notification of the Government of the National Capital Territory of Delhi, in the Department of Finance (Revenue-1), No.13/2017- State Tax (Rate), dated the 30th June, 2017
further amendment in the notification of the Government of National Capital Territory of Delhi in the Department of Trade and Taxes(Policy Branch) No.44/2019 – State Tax, dated the 20th November, 2019,
3. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/Acts
Due Dates
Compliance Particulars
Forms / Filing mode
Companies Act, 2013
Within 180 Days From The Date Of Incorporation Of The Company + An additional time of 6 more months shall be allowed by MCA (6+6 months)
As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC. CLICK HERE
MCA E- Form INC 20A(one time compliance)(also covered under CFSS, 2020)
Companies Act, 2013
First declaration within 90 days from the date of notification Dt. 08.02.2019
A person having Significant beneficial owner shall file a declaration to the reporting company http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019 In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.
31.12.2020 (Due Date Extended as covered under CFSS 2020 Scheme
Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (Within 30 days from deployment of the E –form (earlier the date of receipt of declaration in BEN-1 ) CLICK HEREBEN -2 due date extended till 31.03.2020Circulars Link:CLICK HERE
Form BEN – 2 (e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013
File between 01.04.2020 to 31.12.2020 without any Additional filing fee (Rs. 10,000/-)
Filing of the particulars of the Company & its registered office. (by every company incorporated on or before the 31.12.2017.) Due date extended- Link : CLICK HERE
Active FormINC -22A
Companies Act, 2013
File between 01.04.2020 to 31.12.2020 without any Additional filing fee (Rs. 5,000/-)
*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th November 2019 CLICK HERECLICK HEREAnnual Exercise:CLICK HEREPenalty after due date is Rs. 5000/-(one time)
E-Form DIR – 3 KYC(Web Based and E-form)
Companies Act, 2013
within 60 days from the date of deployment of this form on the website of the Ministry.
Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014To be filed all unlisted companies, deemed public companiesTill further clarification to be filled in GNL-2Applicable w.e.f. 30.09.2019Extension Notification:
E-Form PAS – 6Available w.e.f. 15.07.2020(ICSI Representation sent to the ministry to include PAS-6 into CFSS)
Companies Act, 2013
Within 270 days from the date of deployment of this Form
NFRA-2(NFRA-2 e-Form live since 9th December 2019.)
Companies Act, 2013
Due date was 30.06.2020 and can be filed till 31.12.2020 under Moratorium period / CFSS
DPT 3 is a return of deposits that companies must file to furnish information about deposits and/or outstanding receipt of loan or money other than deposits. Company can file Form DPT-3 upto 31.12.2020 without any additional fee
DPT-3
Companies Act, 2013
Due date is 30.11.2020 and can be filed till 31.12.2020 under Moratorium period / CFSS
IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 Statement of unclaimed and unpaid amounts
IEPF -2
Companies Act, 2013
On or before 31.12.2019
Statement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)
IEPF Form – 1A
Due dates of LLP Return Filing:
• LLP Form 8 (Statement of Account & Solvency) on or before 31.12.2020 (due date is 31.10.2020 and extended as per Modified LLP Settlement scheme, 2020)
• The charge details i.e. creation, modification or satisfaction of charge, can be filed through Appendix to e-Form 8 (Interim)
• Form LLP -8 can be filed after due date with a penalty of Rs. 100/- per day till the filing is completed.
Due dates of ROC Annual Return Filings:
Sl. No.
Particulars
Due Date
E- Form
1
Appointment of Auditor
Within 15 days from the conclusion of AGM (ratification at every annual general meeting is not mandatory)
ADT-1
2
Filing of financial statement and other documents with the ROC
With in 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)
AOC-4
3
Filing of annual return by a company.
With in 60 days from the conclusion of AGM
MGT-7
4
Filing of Cost Audit Report with the Central Government
With in 30 days from the receipt of Cost Audit Report
CRA-4
5
Filing of Resolutions and agreements to the Registrar
Within 30 days from the date of Board Meeting.
MGT-14
KEY UPDATES:
1. MCA Relaxation u/s 149 for FY 2020-21 related Minimum Residency Period
In continuation to General Circular No. 11/2020 dated 24th March, 2020, keeping in view the requests received from various stakeholders seeking relaxation from the residency requirement of 182 days in a year and after due examination, it is hereby clarified that Non Compliance of Minimum residency in India for a period of at least 182 days in a year, by at least one director in every Company, under section 149 of the Companies Act, 2013 shall not be treated as non – compliance for the Financial Year 2020-21 also.
The Companies Amendment Act, 2020 is being introduced with an aim to promote greater ease of doing business by decriminalizing various non compoundable offences in case of defaults made under the Companies Act, 2013 and rules made there under.
The Companies (Amendment) Bill, 2020 was passed on 19th September , 2020 in the Lok Sabha with 72 changes made in 65 sections and decriminalization of certain offences under Companies Act, 2013. The Companies (Amendment) Bill, 2020 was passed in the Rajya Sabha on 22nd September, 2020. On 28th September, 2020- Received the assent of the President & published in the Gazette of India by Ministry Of Law And Justice (Legislative Department) and become an Act called “The Companies (Amendment) Act, 2020”.
Copy of the Companies (Amendment) Act, 2020 is available at: Click here
Important Updates
MCA Monthly UPdate Calendar: October, 2020
Sl. No.
Particulars of the Circulars
Link
1
Please take note that Companies Fresh Start Scheme, LLP Settlement Scheme and Charge related fillings under the Companies Act, 2013 has been extended till 31st December 2020
Clarification with regard to creation of deposit repayment reserve of 20% u/s. 73 (2) (C) of the Companies Act 2013 and to invest or deposit 15% of amount of debentures u/r.18 of Companies (Share capital and Debentures) Rules 2014 – COVID-19 – Extension of time-regarding.
Extension of time for EGM through Video Conference (V)C or Other Audio Visual Means (OAVM) or passing of certain items only through postal ballot without convening general meeting –
Independent Directors Registration date Extended till 31.12.2020: The Ministry of Corporate Affairs has also extended the time within which Independent Directors of companies have to register themselves on the databank maintained by the IICA from 30.09.2020 to 31.12.2020.
Stakeholders may please note that as part of Government of India’s Ease of Doing Business(EODB) initiatives, the Ministry of Corporate Affairs has integrated with Profession Tax[PT] – Karnataka. SPICe+ applications approved for the State of Karnataka w.e.f 08th October 2020 shall mandatorily provide Profession Tax Registration also. Stakeholders may kindly take note and refer instruction kit and FAQs for more details.
Please take note that Companies Fresh Start Scheme, LLP Settlement Scheme and Charge related fillings under the Companies Act, 2013 has been extended till 31st December 2020
Companies Fresh Start Scheme, LLP Settlement Scheme and Charge related fillings under the Companies Act, 2013 has been extended till 31st December 2020.
EPF (The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)
15.11.2020
PF Payment
ECR
ESIC (Employees’ State Insurance Act, 1948)
15.11.2020
ESIC Payment
ESI Challan
Contract Labour (Regulation &Abolition) Act, 1970
Within 15 Days of commencement/ completion of contract work
Return/Notice within 15 days of commencement/ completion of each contract by the Principal employer
Form VI-B
Payment of Gratuity Rule
Within 30 Days of applicability of the Act & any change
Notice of applicability of the Act & any change
Form A or B
Maharashtra Professional Tax
30.11.2020
Monthly Return for October 2020
PT Payment
Key Update:
1. From 15th Feb.,2020, new Companies registered through MCA Portal, www.mca.gov.in need not comply with provisions of ESI Act till they reach threshold limit of ESI coverage or initial 6 months whichever is earlier. For further details login to ‘ www.esic.in . Submission of Mobile Number and Bank Account details(Bank Name, Branch Name & IFSC) shall be mandatory for registration of New employee.
2. Govt to hire experts for framing rules of three labour codes
The labour ministry has sought application from legal experts that it aims to hire as consultants on contractual basis to help government frame rules of the three labour codes which have been recently passed by the Parliament.
The Parliament had recently passed the Industrial Relations Code, the Code in Social Security and the Code on Occupational Safety, Health and Working Condition following which they have been notified. The Code on Wages was passed and notified last year but has not been implemented so far.
Once the four Codes get implemented, the establishments will have to file a single return to the authorities, thereby significantly easing the compliance burden. Besides, there will be a floor level minimum wage with a statutory backing while the number of minimum wages across the country will reduce substantially to 12 from 540 under central laws and to 180-200 under the state laws compared to over 9,000 now.
3. Plans afoot to implement all four labour codes from April 1
The Union labour ministry has intended to implement all the new labour codes together from April 1.
4. Labour codes to help workers become self-reliant in coming days: Santosh Gangwar
Santosh Gangwar sought support from the industry to help government achieve the goal of making India a $5 trillion economy. According to the statement, minister Gangwar underlined that growth and expansion of enterprises contribute to rise in employment as also improved working conditions.
Updates TRACKER under Labour LAws:
Sl. No.
Particulars
Link
1
The Directorate General, Factory Advice Service and Labour Institutes (Group ‘A’ and Group ‘B’–Safety Discipline Posts) Recruitment Rules, 2020.
ESIC refutes report on certain TV Channels reporting of alleged improper services & facilities at ESIC Medical College & Hospital, Rajajinagar, Bangalore
Industry engaged in the services in any oilfield, which is covered under item 17 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947), to be a public utility service
ESIC decides for Prompt payment of Permanent Disablement Benefit (PDB) and Dependent Benefit (PB) to beneficiaries by ESI Corporation during Covid -19 pandemic within a month Medical Boards Arranged at Jaipur for 48 IPs
To know more or have any queries related to Atal Bimit Vyakti Kalyan Yojana (ABVKY), then have a look on its ‘Introduction’ and answers to your ‘Frequently Asked Questions’. (visit http://esic.in )
Annual Return on Foreign liabilities and assets. The FLA return is required to be submitted by the companies who have received Foreign direct investment (FDI) and/or made Foreign direct investment abroad in the previous year(s) including the current year
External Commercial Borrowings Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category – I Bank in the form of ‘ECB 2 Return’.
ECB 2 Return
FEMA ACT 1999
Not later than 30 days from the date of issue of Capital instrument
FC-GPR is a form filed when the Indian company receives the Foreign Direct Investment and the company allots shares to a person resident outside India.
Form FC-GPR
FEMA ACT 1999
With in 60 days of receipt/ remittance of funds or transfer of capital instruments whichever is earlier.
Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS. The onus of reporting shall be on the resident transferor/ transferee.
Form FC-TRS.
FEMA ACT 1999
within 30 days from the date of receipt of the amount of consideration.
A Limited Liability Partnership receiving amount of consideration and acquisition of profit shares is required to submit a report in the Form FDI LLP-1
Form FDI LLP-I
FEMA ACT 1999
within 60 days from the date of receipt of funds in
A Limited liability Partnership shall report disinvestment/ transfer of capital contribution or profit share between a resident and a non resident (or vice versa)
Form FDI LLP-II
FEMA ACT 1999
within 30 days from the date of allotment of capital instruments
The domestic custodian shall report the issue/ transfer/ of sponsored/ unsponsored depository receipts
Downstream statement -Form DI
Important Updates:
A. RBI releases “State Finances: A Study of Budgets of 2020-21”
RBI on 27.10.2020 has released the report titled “State Finances: A Study of Budgets of 2020-21”, an annual publication that provides information, analysis and an assessment of the finances of state governments for 2020-21 against the backdrop of actual and revised (or provisional accounts) outcomes for 2018-19 and 2019-20, respectively. The theme of this year’s Report is “COVID-19 and its Spatial Dimensions in India”.
B. Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020)
The Government of India has announced the Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020) (the ‘Scheme’) on October 23, 2020, which mandates ex-gratia payment to certain categories of borrowers by way of crediting the difference between simple interest and compound interest for the period between March 1, 2020 to August 31, 2020 by respective lending institutions.
The details of the Scheme are available at: Click here
C. Submission of returns under Section 31 (read with section 56) of the Banking Regulation Act, 1949 – Extension of time
In view of the difficulties faced by Primary (Urban) Co-operative Banks (UCBs) in finalizing the financial statements amidst the COVID-19 pandemic, Government of India, on the recommendation of the Reserve Bank, has issued a Gazette Notification No. S.O. 3377(E) dated September 29, 2020 (copy enclosed) declaring that the provisions of Section 31 read with clause (t) of Section 56 of the Act shall not apply to Primary Co-operative Banks till December 31, 2020. Accordingly, all UCBs shall ensure submission of the aforesaid returns to the Reserve Bank on or before December 31, 2020.
The Reserve Bank hereby extends the period for furnishing of the returns under Section 31 of the Act for the financial year ended on March 31, 2020 by a further period of three months in terms of the first proviso to the above section. Accordingly, all State Co-operative Banks and Central Co-operative Banks shall ensure submission of the aforesaid returns to the Reserve Bank and NABARD on or before December 31, 2020.
Scheme for grant of ex-gratia payment of difference between compound interest and simple interest for six months to borrowers in specified loan accounts (1.3.2020 to 31.8.2020)
Vigilance Awareness Week 2020 – Panel Discussions on “Strengthening Preventive Vigilance – a Tool for Good Governance” and “Leveraging Technology for Vigilance Oversight”
Listed entity to submit a COMPLIANCE CERTIFICATE within one month of end of half Financial Year to certify maintenance of physical and electronic transfer facility.
31/10/2020 (No further extension)
2.
Regulation 33*
Quarterly / Annually Relating to Financial Results
Un audited Financial Results within 45 days & Audited finance within 60 days
14/11/2020
2.1
Regulation 23(9)
Related party transactions.
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
Within 30 days of FR
3.
Regulation 40(9) & (10) / Regulation 61(4)
Transfer or transmission or transposition of securities.
The listed entity shall ensure that the share transfer agent and/or the in-house share transfer facility, as the case may be, produces a certificate from a practicing company secretary within one month of the end of each half of the financial year, certifying that all certificates have been issued within thirty days of the date of lodgement for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies. & The listed entity shall ensure that certificate mentioned at sub-regulation (9), shall be filed with the stock exchange(s) simultaneously. Note: Reg 61(4) :The listed entity shall comply with requirements as specified in regulation 40 for transfer of securities including procedural requirements specified in Schedule VII.
31/10/2020 (Final due date, no extension)
4.
Regulation 52(1)*
Financial Results.
The listed entity shall prepare and submit un-audited or audited financial results on a half yearly basis in the format as specified by the Board within forty five days from the end of the half year to the recognised stock exchange(s).
14/11/2020
5.
Regulation 52(2)*
Financial Results.
if the listed entity intimates in advance to the stock exchange(s) that it shall submit to the stock exchange(s) its annual audited results within sixty days from the end of the financial year, un-audited financial results for the last half year accompanied by limited review report by the auditors need not be submitted to stock exchange(s).
30/11/2020
*as on 30/09/2020 there is no circular for extension of Financial Result for September Quarter
Annual Compliances
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 34(1) & 36(2) –
Annual Report
Not later than the day of commencement of dispatch to its shareholders and not less than 21 days before the annual general meeting
Filings in respect of Annual Report has to be done by all listed entities in XBRL mode in addition to the currently used PDF mode mandatorily, for periods ending March 31, 2019.
Financial results at 47 clause (b) of sub-regulation (1), shall be published within 48 hours of conclusion of the meeting of board of directors at which the financial results were approved.
48 HOURS
23 Related party transactions.
Reg 23(9) Related party transactions
The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
30 days
24A Secretarial Audit.
Red 24A
Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019. (within 60 days from the Closure of FY)
60 days from the Closure of FY
36 Documents & Information to shareholders.
36(1)
The listed entity shall send annual report referred to in sub-regulation 36(1), to the holders of securities, not less than twenty-one days before the annual general meeting
21 days before AGM
46 Website
46(2)(s)
The listed entity shall disseminate the following information under a separate section on its website separate audited financial statements of each subsidiary of the listed entity in respect of a relevant financial year, uploaded at least 21 days prior to the date of the annual general meeting which has been called to inter alia consider accounts of that financial year.]
21 days prior 1 days prior to the date of AGM
COMPLIANCE ON IMPACT OF COVID 19:Reg 4(2)(e),30,33,51
Advisory on disclosure of material impact of COVID-19 pandemic on listed entities under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Link
Quarterly compliance which included half year compliance except FR
REG NO
REGULATION NO
PARTICULARS
TIMELINE
Intimation
Reg 29 read with Reg 33
intimation regarding item specified in clause 29(1) (a) to be discussed at the meeting of board of directors shall be given at least five days in advance (excluding the date of the intimation and date of the meeting), and such intimation shall include the date of such meeting of board of directors
at least 5 working days in advance, excluding the date of the intimation and date of the meeting
Intimations and Disclosure of events or information to Stock Exchanges.
87B: Intimations and Disclosure of events or information to Stock Exchanges. READ WITH PART E OF Schedule III
The listed entity shall first disclose to stock exchange(s) of all events or information, as specified in Part E of Schedule III, as soon as reasonably possible but not later than twenty four hours from occurrence of the event or information:
24 HOURS
Valuation, Rating and NAV disclosure.
87C(1) (iii)
An issuer whose security receipts are listed on a stock exchange shall ensure that: the net asset value is calculated on the basis of such independent valuation and the same is declared by the asset reconstruction company within fifteen days of the end of the quarter.
15 Days
Event based Compliances
30 Disclosure of events or information.
30(6) AND Part A of Schedule III
The listed entity shall first disclose to stock exchange(s) of all events, as specified in Part A of Schedule III, or information as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information
24 HOURS
30 Disclosure of events or information.
30(6) AND sub-para 4 of Para A of Part A of Schedule III
The listed entity shall disclose to the Exchange(s), within 30 minutes of the closure of the meeting held to consider the following: a) dividends and/or cash bonuses recommended or declared or the decision to pass any dividend and the date on which dividend shall be paid/dispatched; b) any cancellation of dividend with reasons thereof; c) the decision on buyback of securities; d) the decision with respect to fund raising proposed to be undertaken e) increase in capital by issue of bonus shares through capitalization including the date on which such bonus shares shall be credited/dispatched; f) reissue of forfeited shares or securities, or the issue of shares or securities held in reserve for future issue or the creation in any form or manner of new shares or securities or any other rights, privileges or benefits to subscribe to; g) short particulars of any other alterations of capital, including calls; h) financial results; i) decision on voluntary delisting by the listed entity from stock exchange(s).
30 MINUTES
31A: Conditions for re-classification of any person as promoter / public
31A(8)
The following events shall deemed to be material events and shall be disclosed by the listed entity to the stock exchanges as soon as reasonably possible and not later than twenty four hours from the occurrence of the event: (a) receipt of request for re-classification by the listed entity from the promoter(s) seeking re-classification; (b) minutes of the board meeting considering such request which would include the views of the board on the request; (c) submission of application for re-classification of status as promoter/public by the listed entity to the stock exchanges; (d) decision of the stock exchanges on such application as communicated to the listed entity;
24 HOURS
34 Annual Report.
34(1)(b)
in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.]
48 HOURS
44 Meetings of shareholders and voting
44(3)
The listed entity shall submit to the stock exchange, within forty eight hours of conclusion of its General Meeting, details regarding the voting results in the format specified by the Board.
48 HOURS
47 Advertisements in Newspapers.
47 (3) Advertisements in Newspapers
The listed entity shall publish the information specified in 47(1) in the newspaper simultaneously with the submission of the same to the stock exchange(s). The same is reproduced below 47(1) (a) notice of meeting of the board of directors where financial results shall be discussed (c )statements of deviation(s) or variation(s) as specified in sub-regulation (1) of regulation 32 on quarterly basis, after review by audit committee and its explanation in directors report in annual report; (d) notices given to shareholders by advertisement
Simultaneously
–
SCHEDULE III PART PART A 7(A)
resignation of the auditor of the listed entity, detailed reasons for resignation of auditor, as given by the said auditor, shall be disclosed by the listed entities to the stock exchanges as soon as possible but not later than twenty four hours of receipt of such reasons from the auditor
24 HOURS
–
SCHEDULE III PART PART A 7(B)
In case of resignation of an independent director of the listed entity, within seven days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities: i. Detailed reasons for the resignation of independent directors as given by the said director shall be disclosed by the listed entities to the stock exchanges. ii. The independent director shall, along with the detailed reasons, also provide a confirmation that there is no other material reasons other than those provided. iii. The confirmation as provided by the independent director above shall also be disclosed by the listed entities to the stock exchanges along with the detailed reasons as specified in sub-clause (i) above.]
7 days from the date of resignation
7 Share Transfer Agent.
Reg 7(4) & (5) Share Transfer Agent.
The listed entity shall intimate any change or appointment of a new share transfer agent, to the stock exchange(s) within seven days of entering into the agreement.
7 DAYS
29
Reg 29(1)
The intimation required under 29 (1), shall be given at least two working days in advance, excluding the date of the intimation and date of the meeting Reg 29(1) is reproduced below: (b) proposal for buyback of securities ; (c) proposal for voluntary delisting by the listed entity from the stock exchange(s); (d) fund raising by way of further public offer, rights issue, American Depository Receipts/Global Depository Receipts/Foreign Currency Convertible Bonds, qualified institutions placement, debt issue, preferential issue or any other method and for determination of issue price: Provided that intimation shall also be given in case of any annual general meeting or extraordinary general meeting or postal ballot that is proposed to be held for obtaining shareholder approval for further fund raising indicating type of issuance. (e) declaration/ recommendation of dividend, issue of convertible securities including convertible debentures or of debentures carrying a right to subscribe to equity shares or the passing over of dividend. (f) the proposal for declaration of bonus securities where such proposal is communicated to the board of directors of the listed entity as part of the agenda papers:
at least 2 working days in advance, excluding the date of the intimation and date of the meeting
31 Holding of specified securities and shareholding pattern.
Reg 31 (1)(a)
The listed entity shall submit to the stock exchange(s) a statement showing holding of securities and shareholding pattern separately for each class of securities, in the format specified by the Board from time to time – one day prior to listing of its securities on the stock exchange(s);
1 day prior to listing of its securities on the stock exchange(s
31
Reg 31 (1 (c)
within ten days of any capital restructuring of the listed entity resulting in a change exceeding two per cent of the total paid-up share capital:
within 10 days of any capital restructuring
31A Conditions for re-classification of any person as promoter / public
Reg 31A
an application for re-classification of a promoter/ person belonging to promoter group to public to the stock exchanges has to be made by the listed entity consequent to the following procedures and not later than thirty days from the date of approval by shareholders in general meeting
30 days from the date of approval by shareholders in general meeting
37 Draft Scheme of Arrangement & Scheme of Arrangement.
37(1)
Draft Scheme of Arrangement & Scheme of Arrangement before for obtaining Observation Letter or No-objection letter, before filing such scheme with any Court or Tribunal, in terms of requirements specified by the Board or stock exchange(s) from time to time.
Before filling the same with any court or tribunal
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities.
39(2)
The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within a period of thirty days from the date of such lodgement.
30 Days
39 Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities
39(3)
The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within two days of its getting information.
2 days of its getting information.
40 Transfer or transmission or transposition of securities.
40 (3)
On receipt of proper documentation, the listed entity shall register transfers of its securities in the name of the transferee(s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of fifteen days from the date of such receipt of request for transfer
15 days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in dematerialized mode within seven days after receipt of the specified documents:
7 Days
40 Transfer or transmission or transposition of securities.
40 (3)
the listed entity shall ensure that transmission requests are processed for securities held in physical mode within twenty one days after receipt of the specified documents:
21 Days
–
SCHEDULE VII: TRANSFER OF SECURITIES (PART B (1))
In case of minor differences in the signature of the transferor(s), the listed entity shall follow the following procedure for registering transfer of securities: (a) the listed entity shall promptly send to the first transferor(s), via speed post an intimation of the aforesaid defect in the documents and inform the transferor(s) that objection, supported by valid proof, is not lodged by the transferor(s) with the listed entity within fifteen days of receipt of the listed entity’s letter, then the securities shall be transferred
15 Days
42 Record Date or Date of closure of transfer books.
42(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to stock exchange(s) of record date specifying the purpose of the record date:
7 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(2)
in the case of rights issues, the listed entity shall give notice in advance of atleast three working days (excluding the date of intimation and the record date).]
3 working days advance intimation excluding the date of the intimation and date of the meeting
42 Record Date or Date of closure of transfer books.
42(3)
The listed entity shall recommend or declare all dividend and/or cash bonuses at least five working days (excluding the date of intimation and the record date) before the record date fixed for the purpose.
5 working days advance intimation excluding the date of the intimation and date of the meeting
46 Website
46 (3)(b)
The listed entity shall update any change in the content of its website within two working days from the date of such change in content.
2 working days
50 Intimation to stock exchange(s).
50(1)
The listed entity shall give prior intimation to the stock exchange(s) at least eleven working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.
11 working days
50 Intimation to stock exchange(s).
50(3)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of directors, at which the recommendation or declaration of issue of non convertible debt securities or any other matter affecting the rights or interests of holders of non convertible debt securities or non convertible redeemable preference shares is proposed to be considered.
2 working days advance intimation excluding the date of the intimation and date of the meeting
52 Financial Results.
52 (4) & (5)
The listed entity shall, within seven working days from the date of submission of the information required under sub- regulation (4), submit to stock exchange(s), a certificate signed by debenture trustee that it has taken note of the contents
7 working days
52 Financial Results.
52 (4) & (8)
The listed entity shall, within two calendar days of the conclusion of the meeting of the board of directors, publish the financial results and statement referred to in reg 52 (4), in at least one English national daily newspaper circulating in the whole or substantially the whole of India.
two calendar days of the conclusion of the meeting
57 Other submissions to stock exchange(s).
57(1)
The listed entity shall submit a certificate to the stock exchange within two days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities
within 2 days
60 Record Date
60(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the stock exchange(s) may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
78 Record Date.
78(2)
The listed entity shall give notice in advance of at least four working days to the recognised stock exchange(s) of record date specifying the purpose of the record date
notice in advance of at least 4 working days
82 Intimation and filings with stock exchange(s).
82(2)
The listed entity shall intimate to the stock exchange(s), at least two working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered.
2 working days in advance, excluding the date of the intimation and date of the meeting,
82 Intimation and filings with stock exchange(s).
82(3)
The listed entity shall submit such statements, reports or information including financial information pertaining to Schemes to stock exchange within seven days from the end of the month/ actual payment date, either by itself or through the servicer, on a monthly basis in the format as specified by the Board from time to time: Provided that where periodicity of the receivables is not monthly, reporting shall be made for the relevant periods.
within 7 days
87 Record Date.
87(2)
The listed entity shall give notice in advance of atleast seven working days (excluding the date of intimation and the record date) to the recognised stock exchange(s) of the record date or of as many days as the Stock Exchange may agree to or require specifying the purpose of the record date
7 working days advance intimation excluding the date of the intimation and date of the meeting
87E Record Date.
87E(2)
The listed entity shall give notice in advance of at least seven working days (excluding the date of intimation and the record date) to the stock exchange(s) of the record date or of as many days as the stock exchange may agree to or require specifying the purpose of the record date.
7 working days advance intimation excluding the date of the intimation and date of the meeting
Few More SEBI (LODR) Relaxations:
Sl. No.
Compliance Particulars
Due Date
Extended Due Date
1.
Regulation 36 (1)(b) & (c) ;Regulation 58 (1)(b) &(c)Hard copy of the statement containing salient features of all the documents, as prescribed in Section 136 of the Companies Act, 2013 to the shareholders who have not registered their email addresses and hard copies of full annual reports to those shareholders, who request for the same
SEBI has dispensed with the requirement of dispatch of hard copies for all listed entities who conduct their AGM till December 31, 2020
2.
Regulation 44(4) Proxy for general meetings
SEBI has dispensed with this requirement temporarily for all listed entities who conduct their AGM through electronic mode only till 31st December, 2020
3.
Regulation 12 Dividend warrants of cheques
SEBI has clarified that this requirement shall apply only once postal services resume normal operations. Where email addresses of shareholders are available, listed entities shall endeavour to obtain their bank account details and use the electronic modes of payment specified in Schedule I of the SEBI (LODR), Regulations, 2015.
5.
Clarification regarding the use of digital signatures
Authentication /certification of any filing /submission made to stock exchanges under LODR may be done using digital signature certifications until December 31, 2020
SYSTEM DRIVEN DISCLOSURE
FOR SAST AND PIT REG: Listed entities shall follow System Driven Disclosure by designating 1 Depository as Designated Depository and uploading the Formation of promoter. Promoter Group ,Designated Person, Directors, Employees not below 2 level (till 30/09/2020)
The Key Summary of System Driven Disclosure of Sep 9, 2020 (Link) is reproduced below:
“→. Listed company shall provide the information including PAN number of Promoter(s) including member(s) of the promoter group, designated person(s) and director(s) (hereinafter collectively referred to as entities) as per PIT Regulations to the designated depository (selected in terms of SEBI circular ref. no. SEBI/HO/CFD/DCR1/CIR/P/2018/85 dated May 28, 2018) in the format and manner prescribed by the Depositories. For PAN exempt entities, the Investor’s Demat account number(s) shall be specified by the listed company. The information shall be provided within 10 days from the date of this circular.
→. The designated depository shall share the information received from the listed company with other depository.
→. In case of any subsequent update in the details of the entities, the listed company shall update the information with the designated depository on the same day. The designated depository shall share the incremental changes with the other depository on the day of receipt from the listed company.”
Below is summary of circulars issued in this regards.
7. SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
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.”.
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 30(1)
Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of March, in such target company in such form as may be specified.
Report as per the 2020 calendar are required to be filed by April 15, 2020 Due Date Extended It has been decided by SEBI to extend the due date of filing disclosures, in terms of Regulations 30(1), 30(2) and 31(4) of the SAST Regulations for the financial year ending March 31, 2020 to June 01, 2020.
2
Regulation 30(2)
The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may
The promoter of every listed company shall specifically disclose detailed reasons for encumbrance if the combined encumbrance by the promoter along with PACs with him equals or exceeds: a) 50% of their shareholding in the company; or b) 20% of the total share capital of the company,
within 2 (two) working days
4.
Regulation 31(4)
Disclosure of encumbered shares
Promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the 31st March, in such target company in such form as may be specified
8. SEBI (Prohibition of Insider Trading) Regulations, 2015
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 7(2)“Continual Disclosures”
Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified;
Every company shall notify; within two trading days of receipt of the disclosure or from becoming aware of such information
9. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Schedule XIX – Para (2) of ICDR Read with Reg 108 of SEBI LODR
“The issuer shall make an application for listing from the date of allotment, within such period as may be specified by the Board from time to time, to one or more recognized stock exchange(s)”. In regard to above, it is specified that Issuer shall make an application to the exchange/s for listing in case of further issue of equity shares from the date of allotment within 20 days (unless otherwise specified).
Within 20 days from the date of allotment
2
Regulation 162
The tenure of the convertible securities of the issuer shall not exceed eighteen months from the date of their allotment.
Application for trading approval to the stock exchange Listed entities shall make an application for trading approval to the stock exchange/s within 7 working days from the date of grant of listing approval by the stock exchange/s.
Within 7 working days from grant of date of listing approval
4
Regulation 76 Application for rights issue
The issuer along with lead managers and other parties related to the issue shall constitute an optional mechanism (non-cash mode only) to accept the applications of the shareholders to apply to rights issue subject to ensuring that no third-party payments shall be allowed in respect of any application
5.
Regulation 77 Service of Documents
In case if the company fails to adhere to modes of dispatch through registered post or speed post or courier services due to Covid-19 conditions it will not be treated as non-compliance during the said period. The issuers shall publish required & necessary documents on the websites of the company, registrar, stock exchanges and the lead managers to the rights issue
6
Regulation 84 Advertisement
Issuer has the flexibility to publish the advertisement in additional newspapers above those required in Regulation 84. The advertisement should also be made available on: A. Website of the Issuer, Registrar, Lead Managers, and Stock Exchanges. B. Television channels, radio, the internet, etc. to spread information related to the process.
7.
All offer documents filed until July 31, 2020
A. Authentication/ certification for offer documents can be done through DSC. B. The issuer shall provide a procedure to inspect documents electronically
CIRCULAR DATED : APRIL 21,2020: the relaxation on change in fresh issue size shall be applicable for issues (IPO/ Rights Issues/ FPO) opening before December 31, 2020 (Link) Read with Circular Dated 29/09/2020 Relaxation with respect to Validity of SEBI Observations and Revision in issue size (Link) w.e.f 01/10/2020
In view of the impact of the COVID-19 pandemic, based on representations from various industry bodies, SEBI has decided to grant the following onetime relaxations: (i)In terms of Regulation 44(1), 85 and 140 of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018(ICDR Regulations), a public issue/rights issue may be opened within twelve months from the date of issuance of observations by SEBI. The validity of the SEBI Observations where the same have expired/will expire between March1, 2020 and September 30, 2020 has been extended by 6 months, from the date of expiry of such observation, subject to an undertaking from lead manager of the issue on firming compliance with Schedule XVI of the ICDR Regulations while submitting the updated offer document to the Board.
(ii)In terms of Schedule XVI (1) (f)(i) of the ICDR Regulations, 2018 any increase or decrease in estimated fresh issue size by more than twenty percent of the estimated fresh issue size shall require fresh filing of the draft offer document along with fees. An issuer shall be permitted to increase or decrease the fresh issue size by up to 50% of the estimated issue size without requiring to file fresh draft offer document with the Board subject to following conditions: (a)there has been no change in the objects of the issue(b)the lead manager undertakes that the draft offer document is in compliance with provisions of Regulation 7(1)(e)(c)the lead manager shall ensure that all appropriate changes are made to the relevant section of DRHP and an addendum, in this regard, shall be made public This shall continue till 31/03/2021 (Added in circular 29/09/2020)
the validity of the SEBI observations expiringbetween October 1, 2020 and March 31,2021 shall beextended upto March 31, 2021, subject to an undertaking from lead manager tothe issue confirming compliance with Schedule XVI of the ICDR Regulations, 2018while submitting the updated offer document to the Board(Added in circular 29/09/2020)
10. SEBI (Buyback of Securities) Regulations, 2018 (Buyback Regulations)
Sl. No.
Regulation No.
Compliance Particular
Compliance Period(Due Date)
1
Regulation 11 and 24(iv)
Extinguishment of equity shares in connection with Buyback The particulars of the security certificates extinguished and destroyed shall be furnished by the company to the stock exchanges where the shares or other specified securities of the company are listed within seven days of extinguishment and destruction of the certificates
7 days of extinguishment and destruction of the certificates
2
Regulation 24(i) (f)
Minimum time between buy back and raising of funds
Temporary relaxation in the period of restriction provided in Regulation 24(i)(f) from “one year” to “six months” Applicable up to December 31, 2020 only
SEBI Circulars Tracker: 01.10.2020 to 31.10.2020
Sl. No.
Particulars
Link
1
Adjudication order in respect of Lyka Labs Ltd. in the matter of disclosures by Lyka Labs Ltd. in GDR issue
Standard Operating Procedure in the cases of Trading Member / Clearing Member leading to default – Extension of timeline for submission of the Undertaking cum Indemnity bond by the Trading members (TMs) / Clearing Members (CMs) for all the bank accounts.
Issuance, listing and trading of Perpetual Non-Cumulative Preference Shares (PNCPS) and Innovative Perpetual Debt Instruments (IPDIs)/ Perpetual Debt Instruments (PDIs) (commonly referred to as Additional Tier 1 (AT 1) instruments)
Extension of facility for conducting extraordinary meeting(s) of unit holders of InvITs and REITs through Video Conferencing or Other Audio-Visual Means (VC/OAVM)
Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) (Second Amendment) Regulations, 2020
Clarification on SEBI Circular SEBI/HO/OIAE/IGRD/CIR/P/2020/152 dated 13 August, 2020 on Investor grievances redressal mechanism – Handling of SCORES complaints by stock exchanges and Standard Operating Procedure for non-redressal of grievances by listed companies.
Press Release: SEBI Chairman interacts with investors and other stakeholders from USA; Participants emphasize need for early finalization of direct listing scheme, development of Corporate Bond market and further reforms in IPO regulations
11. IBBI Updates {Insolvency and Bankruptcy Board of India}
Due to the emerging financial distress faced by most companies it has been decided to raise the threshold of default under section 4 of the IBC 2016 to Rs 1 crore (from the existing threshold of Rs 1 lakh). This will by and large prevent triggering of insolvency proceedings against MSMEs.
Important Notifications and Circulars Tracker (October, 2020)
Sl. No.
Notification(s)
Link(s)
1.
Invitation of Expression of Interest for Research Study on Individual Indebtedness and Insolvency
In the matter of Dewan Housing Finance Corporation Ltd and Anr. Vs. Securities and Exchange Board of India and Anr. Appeal No.206 of 2020, before Securities Appellate Tribunal, Mumbai
Circular – Serving of copy of the application to the Board, as mandated under Rules 4, 6 and 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
NCLT directs liquidator of ABG Shipyard to approach Sebi to recover Rs 101 crore from promoters. In April 2019, the NCLT ordered the liquidation of the company in the absence of any viable resolution plan.
Jet’s 2nd coming will depend on reclaiming slots: The winning consortia, London-based Kalrock Capital and UAE businessman Murari Lal Jalan, are likely to initially put in Rs 400 crore and infuse about Rs 650 crore in all in the first year for Jet-2.0 to take to the skies again.
Former resolution professional moves NCLT on ‘fraud’ in Bheema Cements’ forensic audit: Ministry of Corporate Affairs had earlier this month served notices on 17 members, which include both the erstwhile and new promoters, following complaints by retail investors alleging a fraud that benefited the promoters.
NCLT allows extension of 90 days for the resolution process of DHFL: The Mumbai bench of the National Company Law Tribunal (NCLT) has allowed the extension for the resolution process of the company and has also allowed the administrator’s plea for the exclusion of the time of lockdown from the CIRP process.
NCLT excludes lockdown period in Cox & Kings resolution process: Lawyers said the order could set a precedent by establishing the duration of the lockdown, which is expected to help cases where the resolution process was hampered due to Covid-19-led restrictions.
13. MSME KEY UPDATES
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Unveiling of Charkha at KVIC central office in Mumbai on Gandhi Jayanti
Riding on excellent outcome of its efforts, MSME Ministry substantially widens request to India Inc. for making payments to MSMEs; writes to over 2800 corporates to clear MSME dues
MSDE and NCVET unveil the new guidelines and operation manuals for Awarding Bodies and Assessment Agencies for further strengthening the skilling ecosystem
CCI approves acquisition of certain real estate projects of RMZ Group and 100% equity shareholding in CoWrks by Brookfield Private Capital (DIFC) Limited
This article is updated till 31st October, 2020 with all Laws / Regulations and their respective amendments.
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