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