Corporate Updates 06 March 2014

MCA: 

The Ministry of Corporate Affairs has invited Applications to fill up, on deputation basis, for filling up of 1 (one) post each in the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) to be constituted under Section 408 and 410 respectively of the Companies Act, 2013. The selected candidates will be required to serve in the NCLT/NCLAT Bench to be established at Delhi. To view & download the Office Memorandum, please Click Here

MINISTRY OF FINANCE: 

Based on the recommendations of the Shyamala Gopinath Committee for Comprehensive Review of National Small Savings Fund (NSSF), the Government has decided to notify the revised Interest rates on various small savings schemes for the Financial Year 2014-15 effective from 01.04.2014, on the basis of the interest compounding/payment built-in in the schemes. To view & download the release, please Click Here.

Corporate Updates 28 Feb 2014

MCA:

  • The Ministry of Corporate of Affairs vide its Notification dated 27/02/2014 intimate that in exercise of the powers conferred by sub-section (3) of Section 1 of Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 1st day of April, 2014 as the date on which the provisions of Section 135 and Schedule VII of the said Act relating to Corporate Social Responsibility shall come into force.
  • The Ministry of Corporate of Affairs vide its Notification dated 27/02/2014 makes the amendments to Schedule VII of the said Companies Act, 2013 replaced all (i) to (x) activities which may be included by Companies in their Corporate Social responsibilities with new set of activities (i) to (x) having some new and detailed activities for Corporate Social responsibility. This Notification shall come into force with effect from 1st April, 2014.
  • The Ministry of Corporate Affairs vide its Notification dated 27/02/2014 , has notified the Companies (Corporate Social Responsibility Policy) Rules, 2014. These Rules shall come into force on 1st April, 2014.

Corporate Updates 15 Feb 2014

MCA: 

1. MCA has issued clarification on section 185 of the Companies Act 2013 to provide much needed relief to the corporate(s). It is clarified that in order to maintain harmony with regard to applicability of Section 372A of the Companies Act, 1956 till the same is repealed and Section 186 of the Companies Act, 2013 is notified, any guarantee given or security provided by a holding company in respect of loans made by a bank or financial institution to its wholly owned subsidiary company, exemption as provided in clause (d) of sub-section (8) of Section 372A of the Companies Act, 1956 shall be applicable. This clarification will, however, be applicable to cases where loans so obtained are exclusively utilized by the subsidiary for its principal business activities and the said relief is not given with respect to loan given by holding Company to its wholly owned subsidiaries. For detailed circular, please visit http://www.mca.gov.in/Ministry/pdf/General_Circular_3_2014.pdf

2. MCA has instructed all the ROC(s) to stringently enforced that no company should be allowed to be registered with the word ‘National’ as part of its title unless it is a Government Company and the Central / State Government(s) has a stake in it or the word ‘Bank’ or word “stock Exchange” or “Exchange” may only be allowed in the name of an entity, when such entity produces a No Objection Certificate’ from the RBI or SEBI in this regard while registering companies. For detailed circular, please visit http://www.mca.gov.in/Ministry/pdf/General_Circular_2_2014.pdf

Corporate Updates 10 Feb 2014

MCA: 

As Section 133 of the Companies Act, 2013 had been notified and is required to be read with Section 227(3) of the Companies Act, 1956, the ICAI has made important Amendments to Auditor’s Report Format including :

1) Manner of reporting,
2) Reference to the Accounting Standards Applicable to the Companies In the Auditor’s Report and Limited Review Reports and various Engagement Standards,
3) Amendment to the “Auditor’s Responsibility” Paragraph Included in the Independent Auditor’s Report,
4) Use of the Term “Profit and Loss Account” or “Statement of Profit and Loss” in the Statutory Audit Reports of Companies, and
5) Manner of Reporting In Respect of Such Clauses of the Companies (Auditor’s Report) Order, 2003 which are not applicable to the Auditee Company.
For details, please visit http://www.icai.org/new_post.html?post_id=10344&c_id=219

Corporate Updates 04 Feb 2014

MCA

MCA has started issuing notices to all such companies who had shown unclaimed and unpaid amounts of IEPF in XBRL filing of 2012-13 but have not uploaded data in Form 5 INV on MCA website.

VAT: 

Delhi Government on Saturday decided to simplify the VAT procedure by putting effective and user friendly systems in place while announcing a series of initiatives for the business community. This will help the traders in paying their tax regularly and without any hassle and will also help the government in increasing its revenue without causing any inconvenience to traders.

Corporate Updates – 31 Jan 2014

MCA:

The Ministry of Corporate Affairs has invited applications for Filling up the post of one Member of the Competition Appellate Tribunal from persons of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty five years in, competition matters including competition law and policy. For details, please visit http://mca.gov.in/Ministry/pdf/PostOfMembersInCAT_28jan2013.pdf.

DELHI VAT:

Date for submission of Audit Report in Form AR-1 for the year 2012-13 by dealers having turnover of Rs. 10 Crores or more in 2011-12 or 2012-13 has been extended from 31.01.2014 to 28.02.2014 vide Notification No. F.3(384)/Policy/VAT/2013/1258-1270 dated 29/01/2014.

Corporate Updates – 28 Jan 2014

MCA:

· MCA Vide CIRCULAR NO. 1 2014/2014 has directed that Regional Director should invite specific comments from Income Tax (IT) Department within 15 days before filing response to the Court relating to arrangement (u/s 391) or amalgamation (u/s 394) and in the absence of any response from IT Department, it may be presumed that Revenue has no objection to the action proposed u/s 391 or 394. Circular can be downloaded from this link : http://www.mca.gov.in/Ministry/pdf/General_Circular_1_2014.pdf.

INCOME TAX:

· The procedure for PAN allotment process will undergo a change with effect from 03-02-2014. Every PAN applicant has to submit self-attested copies of proof of identity, proof of address and date of birth documents and also produce original documents of such POI/POA/DOB documents, for verification at the counter of PAN facilitation centers.