LUNAWAT BULLETIN - LUNAWAT & CO CHARTERED ACCOUNTANTS WWW.LUNAWAT.COM - Lunawat & Co

Page created by Warren Stone
 
CONTINUE READING
LUNAWAT BULLETIN - LUNAWAT & CO CHARTERED ACCOUNTANTS WWW.LUNAWAT.COM - Lunawat & Co
M A R C H
                                2 0 2 1

                       LUNAWAT
                       BULLETIN

LUNAWAT & CO
CHARTERED ACCOUNTANTS
WWW.LUNAWAT.COM

WHAT'S INSIDE?
Around the Globe       1

Compliance Due Dates   2

Income Tax             3

Corporate Laws         4

Goods & Services Tax   6

Lunawat Update         8
LUNAWAT & CO

 MARKET WATCH
       Sensex : 28/02/2021 : 49099.99                                                 Nifty :28/02/2021 :14529.51
                31/01/2021 : 46285.77                                                       31/01/2021 : 13634.60

                         AROUND THE GLOBE
 CBIC ADDRESSES IGST REFUND ISSUES OF
             EXPORTERS                                                      MANUFACTURING ACTIVITY EASES
 CBIC      has     extended           the    time          limit    for   MARGINALLY IN FEBRUARY, PMI AT 57.5
 sanction of pending IGST refunds, in cases
                                                                          Manufacturing              activity    in   India    eased
 where records have not been transmitted
                                                                          marginally in February and employment
 on the portal due to mismatch in outward
                                                                          decreased          further       amid       the    Covid-19
 supplies returns and input tax credit. The
                                                                          restrictions,         a    private     survey       showed
 extension        will   overcome           the    problem          of
                                                                          Monday.The                 IHS         Markit            India
 refund      blockage            by    allowing             refunds
                                                                          Manufacturing                Purchasing       Managers’
 subject     to    undertakings         or    submission            of
                                                                          Index was 57.5 in February compared
 chartered accountants certificates by the
                                                                          to 57.7 in January but remained above
 exporters and post refund audit scrutiny.
                                                                          its long-run average of 53.6.A reading
 This facilitation would be applicable to all
                                                                          above       50     indicates          expansion          while
 shipping bills filed up to March 31, 2021.
                                                                          below that signals contraction.

  HOUSEHOLD INFLATION EXPECTATIONS                                          RS 1.15 LAKH CR TRANSFERRED TO
    ABOVE OFFICIAL NUMBERS UNDER                                           10.75CR FARMERS UNDER PM-KISAN
INFLATION TARGETING REGIME: RBI REPORT                                                   SHEME
Flexible inflation targeting has failed to
                                                                          The Centre stated that it has transferred
anchor       inflation        expectations                 of      the
                                                                          over   Rs   1.15      lakh    crore    directly     to   bank
Indian households. The current inflation
                                                                          accounts         of       more    than       10.75       crore
perception               of       households                       has
                                                                          farmers under the PM-KISAN scheme and
persistently remained above all official
                                                                          asked   states        to     ensure    that   all    eligible
measures       of    inflation        since       it   adopted
                                                                          beneficiaries are covered in this flagship
flexible     inflation        targeting       as       a    formal
                                                                          programme. Addressing a function on the
monetary          policy         objective             since         ,
                                                                          occasion of the second anniversary of the
according         to     RBI's    latest          "Report          on
                                                                          PM-KISAN,          Union         Agriculture        Minister
Currency      and        Finance."A          study          by     RBI    Narendra           Singh         Tomar            said     the

economists          that      inflation      expectations                 government has enhanced the income of

stabilized around the range of 9-10 per                                   farmers by providing Rs 6,000 annually to

cent   for    households          and       4-5        per      cent      farmers     under         this   scheme.The          scheme

for    professional              forecasters.                While        was launched by PM Narendra Modi on

actual     inflation       has    remained             below        6     February     24,       2019,      from      Gorakhpur       in

per cent- the upper band of the target.                                   Uttar Pradesh.

                                                                                                                             MAR 2021
 1
LUNAWAT & CO

    COMPLIANCE DUE DATES

2                          MAR 2021
MAY 2020
                                                                                                  LUNAWAT & CO
                                                                                            LUNAWAT & CO

                              INCOME TAX
Extension for filing of Vivad se Vishwas Form:
 CBDT vide notification dated 26.02.2021 for the fifth time extends due date for

 filing of Vivad se Vishwas under DTVSV Act 2020 from 28th February 2021 to

 31st March, 2021 and pay the settled tax amount by April 30, 2021 without any

 interest.

CBDT amends Faceless Assessment Scheme:
     CBDT amends Faceless Assessment Scheme, 2019 vide Faceless Assessment (1st

     Amendment) Scheme, 2021 and specified the procedure for Assessment under

     Faceless Assessment Scheme, 2019.

     The CBDT notified that the National e-Assessment Centre shall serve a notice

     on    the    assessee   under    sub-section      (2)   of    section      143   of    the    Act,    then     the

     assessee      may,   within   fifteen   days   from     the   date    of   receipt      of   notice     file   his

     response to the National e-Assessment Centre.

     The    National      e-Assessment       Centre    shall      assign   the       case   selected        for     the

     purposes of e-assessment under this Scheme to a specific assessment unit in

     any    one    Regional   e-     Assessment       Centre       through      an    automated           allocation

     system.

     As per the amendment if the assessee fails to comply with the notice or with a

     direction issued under sub-section (2A), of section 142 of the Act, the National

     e-Assessment Centre shall serve upon such assessee a notice under section 144

     of the Act giving him an opportunity to show-cause, on a date and time to be

     specified in the notice, why the assessment in his case should not be completed

     to the best of its judgment.

CBDT Extends various limitation dates:
          Date for passing of assessment or reassessment orders under the IT Act, that

          are getting time barred on 31st March, 2021 due to extension of limitation date

          by the notification dt 31st December, 2020 has been extended to 30th April,

          2021.

          Date for passing assessment or reassessment orders (not covered by (i) above),

          that are getting time barred on 31st March, 2021, as per time limit specified in

          section 153 / 153B of the Income-tax Act, has been extended by 6 months i.e. to

          30th September, 2021.

          Date for passing of penalty orders extended to 30th June, 2021. Date for issue

          of notice & passing of orders by Adjudicating Authority under the Benami Act

          extended to 30th September, 2021
 3                                                                                                    MAR 2021
L U LNUA
                                                                                                       NAWAT & CO
                                                                                                         WAT & CO

                  CORPORATE LAWS
MCA REVISES THRESHOLD FOR PAID UP CAPITAL AND TURNOVER FOR SMALL
COMPANIES:
In line with the vision of the Government of India, the definition under the Companies Act,

2013 for Small Companies has now been revised by increasing their thresholds for Paid up

capital from “not exceeding Rs 50 lakh” to “not exceeding Rs 2 crore” & Turnover from “not

exceeding Rs 2 crore” to “not exceeding Rs 20 crore”. This is expected to benefit more than

two lakh companies in terms of lesser compliances, lesser filing fees and lesser penalties (in

the event of any defaults).

MCA NOTIFIES COMPANIES (SHARE CAPITAL AND DEBENTURES) AMENDMENT
RULES, 2021 TO INSERT RULE 12A IN COMPANIES (SHARE CAPITAL AND
DEBENTURES) RULES, 2014
The Amendment inserts a new rule 12A which notifies the period for notice of issue of share

capital under section 62 in which the time period within which the offer shall be made for

acceptance shall be not less than seven days from the date of offer.

AMENDMENTS IN COMPANIES (INCORPORATION) RULES, 2014 VIDE
COMPANIES (INCORPORATION) SECOND AMENDMENT RULES, 2021
    The no. of days to check residence criteria of directors stands reduced.

    The limit of Turnover and paid up share capital for conversion of OPC                          into Private or

    Public company or Private company into OPC has been omitted.

    E- form No.6 for Conversion of OPC into Private or Public company has been amended:

        For words, “and resident in India”, - “whether resident in India or otherwise” is

        substituted.

        For words, one hundred and eighty two days, words, One hundred and twenty days

        is substituted.

        OPC may convert into a Private or Public Company, other than Section 8 company

        by fulfilling some requirements.

FAST TRACK MERGERS EXTENDED TO STARTS UPS AND OTHER SMALL
COMPANIES
MCA   has   allowed     start-up     companies         to   enter    into   merger   and   amalgamations        with

another   start-up     company       or   one    or   more   start    up    Cos   can   enter   into   merger   and

amalgamations with small companies. Earlier, small companies or holding co. and wholly

owned     Subsidiary    or   other    class     of    companies      were    covered    under    the   Scheme     of

arrangement.

4                                                                                                         MAR 2021
L U LNUA
                                                                                                  NAWAT & CO
                                                                                                    WAT & CO

                   CORPORATE LAWS
COMMENCEMENT NOTIFICATION DATED 11.02.2021
    MCA notifies 11th February, 2021 as the date on which the provisions of section 52 and

    section 66 of Companies (Amendment) Act, 2020 will come into force. Section 52 of

    Companies (Amendment) Act, 2020 inserts Chapter XXIA in Companies Act, 2013

    (after    section   378)   related   to   Producer     Companies.        Section      66     of   Companies

    (Amendment) Act, 2020 deals with amendment in Section 465 of Companies Act, 2013

    related to Repeal of Certain Enactments and Savings.

MCA HAS INTRODUCED COMPANIES (CORPORATE SOCIAL RESPONSIBILITY
POLICY), AMENDMENT RULES, 2021. AND IMPORTANTLY CSR SPENDING MADE
MANDATORY FROM VOLUNTARY W.E.F. FINANCIAL YEAR 2020-21.
    The amendment brings a new rule 2A which liberalize the definition of listed companies

    under the Companies Act to give compliance relief to public limited companies and

    private   limited   companies    having     listed    debt     securities.   The   following      classes   of

    companies shall not be considered as listed companies, namely:-

        Public companies which have not listed their equity shares on a recognized stock

        exchange but have listed their non-convertible debt securities issued on private

        placement basis in terms of SEBI (Issue and Listing of Debt Securities) Regulations,

        2008;     or   on   non-convertible   redeemable         preference      shares    issued     on   private

        placement

        Private    companies     which   have    listed    their    non-convertible       debt    securities    on

        private placement basis on a recognized stock exchange in terms of SEBI (Issue

        and Listing of Debt Securities) Regulations, 2008.

MCA NOTIFIES PRODUCER COMPANIES RULES, 2021:
    A Producer Company shall make investments from and out of its general reserves in any

    one or in combination. Firstly, in approved securities, fixed deposits, units, and bonds

    issued by the Central Government or State Governments Secondly, in co-operative

    societies or scheduled banks. Thirdly, with any other scheduled bank. Fourthly, in any of

    the securities specified in section 20 of the Indian Trusts Act, 1882 (02 of 1882).Fifthly,

     in the shares or securities of any other inter-State co-operative society or any co-

    operative society. Lastly, in the shares, securities or assets of public financial institutions

    specified under clause (72) of section 2 of the Act.

    As regards to the Change of place of registered office from one State to another, the

    MCA notified that the rules 27, 30 and 31 of the Companies (Incorporation) Rules, 2014,

    including the forms stated therein shall be applied for the purpose of change of place

    of registered office of a Producer Company from one State to another.

5                                                                                                          MAR 2021
L UL U
                                                                                N NAAW
                                                                                     WAATT& &C OC O

          GOODS & SERVICES TAX
EXEMPTION FROM AADHAR AUTHENTICATION FOR SPECIFIED PERSONS:
    In pursuance of section 25(6D), the government exempted following person from the

    provision of Aadhar authentication, other than existing registered person or person require

    fresh registration., on the recommendation of GST Council by Notification no. 3/2021-

    Central Tax:

       Not a citizen of India; or

       A Department or Establishment of the Central or State Government; orc)

       A local authority; or

       A statutory body; ore)

       A Public Sector Undertakings; or

       A person applying for registration as a UIN holder.

                           CBIC extend the due date for filing of GSTR-9 and GSTR-
                           9C from 28.02.2021 to 31.03.2021.

      CBIC issued clarification in respect of applicability of Dynamic Quick Response (QR)

      Code on B2C invoices and compliance of notification 14/2020- Central Tax i.e.

      exempt certain class of registered persons capturing dynamic QR code and the date

      for implementation of QR Code was extended to 31.03.2021.

              “How many millionaires do you know who have become
             wealthy by investing in savings accounts? I rest my case.”
                                 – Robert G. Allen

6                                                                                       MAR 2021
LUNAWAT & CO

    LUNAWAT UPDATE
                       LUNAWAT UPDATE
    Presentations:
    During Februrary 2021 , CA Pramod Jain gave following presentations: ·
       PPT on Succession Planning through Private Trusts and OPC made during Webinar

       organised by NIRC of ICAI.

       PPT on Practical Aspects of Union Budget 2021 made during Webinar at Sub-Regional

       Conference, organised by CIRC of ICAI, Bikaner and Regional Conference of CIRC of

       ICAI at Udaipur, Rajasthan.

       PPT on Union Budget 2021 made at DLF 5 Club organised by Gurugram Branch of NIRC

       of ICAI

       PPT on Union Budget 2021 made at Hotel Radison Blu, Jammu organised by Jammu,

       Kashmir & Ladhakh Branch of NIRC of ICAI

       PPT on Union Budget 2021 made during Webinar organised by KGCA, Mandi Govindgarh,

       Ludhiana, Punjab.

       PPT on Union Budget 2021 made at Celebrations Banquet, Wazirpur Indl. Area, Delhi

       organised by North Campus CPE Study Circle of NIRC of ICAI

       PPT on Union Budget 2021 made during Webinar organised by Telangana & AP Tax Bar

       and Patel Nagar CPE Study Circle of NIRC of ICAI.

       PPT on Union Budget 2021 made during Webinar organised by Noida Chapter of ICSI

                                                                                       OUR
                                                                                     SERVICES
                                                                          · Audit and Assurance · International
    During February 2021 , CA Rajesh Saluja gave following             Taxation   · Indian Direct Tax Laws · Goods
                                                                       and Service tax (GST) · Corporate Laws
    presentation:
                                                                    · Limited Liability Partnership (LLP) · Insolvency
       Finance for Non Finance for Jyoti Plastics at Vapi, Surat,
                                                                     Professionals NGOs/Societies and Trusts
       Gujrat.
                                                                     · Compliance Audits· Investigations · Setting
       4th Fintax at Escorts Faridabad                                  up Business in India · Outsourcing

                                                                          Services · Consulting Services

                                                                              · Trainings · Valuations
                                                                              · XBRL · Trade Marks

                               © 2021 Lunawat & Co. All Rights Reserved
    Information in this document is intended to provide only a general outline of the subjects covered.
       We recommend that you seek professional advice prior to initiating action on specific issues.
      Lunawat & Co. does not take any responsibility for any loss arising from any action taken or not
                                   taken by anyone using this material.

7
                                                                                                            MAR 2021
LUNAWAT & CO

                          CONTACT US
                             Paschim Vihar, New Delhi
                            A-2/132, Prateek Apartments, Paschim Vihar,
                                         New Delhi – 110 063
             Tel: + 91 11 25278405, + 91 11 25278406, + 91 11 45581263 , + 91 11 45581264
                                   Email: pvoffice@Lunawat.com

                                Karampura, New Delhi
                          109, Magnum House-1, Karampura Complex,
                                          New Delhi-110 015
                               Tel: + 91 11 41427356 + 91 11 42068101
                                Email: karampura@Lunawat.com

                                  Keshopur, New Delhi
                      WZ-339, 2nd Floor, Street No. 19, Santgarh, Keshopur,
                              Outer Ring Road, New Delhi - 110 018
                            Tel: +91 11 28333914 Fax:+ 91 11 28331602
                                Email: keshopur@Lunawat.com

                                           Mumbai
                      No. J/ 7, First Floor, Mangal Kunj, Opp. Jain Derasar,
                          Jambali Gali, Borivali (W) Mumbai - 400 092
                              Tel: + 91 93205 71421 + 91 98692 85628
                                   Email: mumbai@Lunawat.com

                                 Daryaganj, New Delhi
                                54, Daryaganj, New Delhi – 110 002
                                Tel: +91 11 23270624 + 91 11 23279414
                                  Email: dgoffice@Lunawat.com

                         We also have ASSOCIATES at :
    Amritsar, Ahmedabad, Bangalore, Chennai, Hyderabad, Kolkata, Cochin, Jaipur, Jodhpur,
     Indore, Chandigarh, Panipat, Jalandhar, Allahabad, Lucknow, Pune, Bharatpur, Ranchi,
                  Ludhiana,Ambala, Lucknow, Agra, Baroda, and Ghaziabad

    Editorial Team: CA Vikas Yadav, CS Divya Khurana, Mukul Gupta, Diksha,
                       Urvi Gupta, Dishant Arora, Monika
                                                                                            MAR 2021
8
You can also read