Corporate Updates 09 June 2014

RBI: 

1. RBI has decided to allow registered Foreign Institutional Investors (FIIs), Qualified Foreign Investors (QFIs) deemed as registered Foreign Portfolio investors, registered Foreign Portfolio Investors (FPIs), long term investors registered with SEBI – Sovereign Wealth Funds (SWFs), Multilateral Agencies, Pension/ Insurance/ Endowment Funds, foreign Central Banks to invest on repatriation basis, in non-convertible / redeemable preference shares or debentures issued by an Indian company and listed on recognized stock exchanges in India, within the overall limit of USD 51 billion earmarked for corporate debt. Further, NRIs may also invest, both on repatriation and non-repatriation basis, in non-convertible/redeemable preference shares or debentures as above. To view and download the circular, please Click Here.

2. Foreign Direct Investment (FDI) up to 26 per cent is permitted under automatic route in insurance sector. The extant FDI policy for insurance sector has been reviewed and accordingly, effective from February 4, 2014, foreign investment by way of FDI, investment by FIIs/FPIs and NRIs up to 26% under automatic route shall be permitted in insurance sector subject to the conditions specified in the Press Note 2 (2014 Series) dated February 4, 2014. To view and download the circular, please Click Here.

Corporate Updates 05 June 2014

INCOME TAX – TDS: 

The Hon’ble Allahabad High Court held that if Income Tax Authorities have denied refunding the TDS on the ground that the refund would only be granted when the TDS matches with the details mentioned in Form 26AS and since the mismatching is not attributable to the assessee and the fault solely lay with the deductor. The Court further finds that the assessing officer was under a duty to verify whether or not the deductor had made the payment of the T.D.S. in the government account. The petitioner has suffered a tax deduction at source, but has not been given due credit inspite of the fact that he has been issued a TDS certificate by a government department. We find that a case has been made out for grant of a mandamus for refund of the TDS amount & interest due thereon.

RBI: 

RBI has introduced the Liberalised Remittance Scheme (LRS) for resident individuals by increasing in the limit from USD 75,000 to USD 125,000 per financial year, under the Scheme, for any permitted current or capital account transaction or a combination of both. Further, the Scheme should not be used for making remittances for any prohibited or illegal activities such as margin trading, lottery, etc.. All other terms and conditions shall remain unchanged.

Corporate Updates 04 June 2014

SEBI: 

SEBI has reviewed the Securities Lending and Borrowing (SLB) Framework on the basis of suggestions received from market participants. Accordingly, the Authorised Intermediary (AIs) shall enter into an agreement with Clearing Members (CMs) for the purpose of facilitating lending and borrowing of securities and shall specify the rights, responsibilities and obligations of the parties to the agreement and agreement to include suitable conditions in the agreement to have proper execution, risk management and settlement of lending and borrowing transactions with clearing member and client. Stock Exchanges and Depositories are also advised to follow certain guidelines.

RBI: 

RBI has decided to reduce the eligible limit of Export Credit Refinance (ECR) facility for schedule banks (excluding RRBs) from the level of 50 per cent of the outstanding rupee export credit eligible for refinance as at the end of the second preceding fortnight to 32 per cent with immediate effect. In this connection the reporting format appearing in Annex III of the Master Circular No.MPD. 366/07.01.279/2013-14 dated July 1, 2013 is accordingly modified.

Corporate Updates 03 June 2014

INCOME TAX: 

CBDT mandates e-filing of reports prescribed under Sections 10AA, 44DA, 50B and 115VW w.e.f April 1, 2014 and notification and notified the Income-Tax (Sixth Amendment) Rules, 2014. Further new versions of Income Tax Return Forms like Form ITR-3, Form ITR-4, Form ITR-5, Form ITR-6 and Form ITR-7 for different assessee’s are also substituted and made available for filing of Income Tax Returns for the Assessment Year 2014-2015.

RBI: 

RBI has observed that a few Urban Cooperative Banks (UCBs) have been sanctioning high value loans to Public Sector Undertakings (PSUs) by admitting them as nominal members or otherwise. However the objective of UCBs are primarily to meet the credit needs of the society by providing loans and advances to low/middle income groups (small borrowers) and Grant of high value loans to PSUs is not consistent with the co-operative principles and dilutes the cooperative character of UCBs. All UCBs are advised, as a matter of principle, generally not to grant large value loans to Public Sector/Government Undertakings.

Corporate Updates 30 May 2014

RBI:

RBI announces operational guidelines for ‘Depositor’s Education and Awareness Fund Scheme – 2014‘. According to this scheme, banks shall calculate the cumulative balances in all inoperative accounts and balances remaining unclaimed for ten years or more accounts along with interest accrued, as on the day prior to the effective date, i.e May 23, 2014 and such amounts due should be transferred to the Depositor Education and Awareness Fund (Fund) on June 30, 2014. Further, banks shall transfer to the Fund the amounts becoming due in each calendar month as specified in the Scheme and the interest accrued thereon on the last working day of the subsequent month.

HARYANA STATE STAMP DUTY: 

Haryana government has waived off stamp duty on transfer of immovable property to blood relations, including children, grandchildren, spouse, brothers and sisters. The government felt that non-transfer of property among blood relations leads to avoidable disputes and litigation among parents, siblings and other blood relations. Haryana charges stamp duty at 7% for transferring property even to family members while in case of women it is 5%. The decision comes in the wake of the state’s observation that the stamp duty levied on transfer of immovable property within the family and among blood relations had become a hindrance for such transfers. (Source TOI, Chandigarh)

Corporate Updates 29 May 2014

RBI: 

RBI has issued a notification relating to Mergers & Acquisitions (M&A) involving NBFC’s to ensure that the acquirer/resulting entity subsequent to the Takeover / M&A is a “fit and proper person” and has the necessary qualifications to carry on the business of NBFCs and such transaction is not prejudicial to the public interest of its depositors. These directions are applicable to every NBFC and prior written permission of the Reserve Bank of India shall be required for transactions like takeover or acquisition of control or merger/amalgamation etc.. The approval requirement may be triggered not just for outright acquisitions or takeover but also investments that are accompanied by significant rights to the investors. Any violations of this notification could result in adverse regulatory action including cancellation of Certificate of Registration.

DELHI REVENUE DEPARTMENT: 

Delhi Government has vide its Order, decided that all Sub-Registrar offices shall with immediate effect accept documents for Registration upto 3 pm from Monday to Saturday (except 2nd Saturday) instead of Monday to Friday. This will allow all the stakeholders to plan their work accordingly and will also benefit the working people to visit their office’s on Saturday also.

Corporate Updates 22 May 2014

LLP – RBI: 

RBI has made changes in the Regulation for Overseas Direct Investments and notified Limited Liability Partnership (LLP), registered under the Limited Liability Partnership Act as an “Indian Party” under clause (k) of Regulation 2 of the Notification ibid. Accordingly, an LLP, may henceforth undertake financial commitment to / on behalf of a JV / WOS abroad in terms of the extant FEMA provisions under Regulation 6 (and regulation 7, if applicable) of the Notification ibid. The AD banks shall report the financial commitment/s undertaken by an LLP in Form ODI Part I and II and also other reporting (APR, disinvestments, etc.) as per the extant reporting requirements.

INCOME TAX :

CBDT has revised PAN Application Form 49A and 49AA w.e.f from 16.05.2014 vide its Notification. Revised Form 49A and 49AA provides option to get printed Mothers Name on PAN card. So those applying for New PAN card or for revised PAN card have the option to get printed on their PAN card printed the name of his / her mother. But applicant can select only one option, he /she cannot have the name of both mother and father printed on PAN card. In case Applicant do not exercise his/her option than by default Father’s name will get printed on PAN card.

Corporate Updates 20 May 2014

MCA: 

Version of eForms INC-1, INC-7, INC-22, INC-28, CHG-1, CHG-4, CHG-9, DIR-12, MR-2 & SH-4 has been updated on 17-20 May, 2014. Please ensure that you have downloaded the latest version and uploading the new version of the forms only. To save time & energy on downloading and filing the forms again & again, it is advisable to download the fresh form, fill the complete details and upload on the portal on the same day.

RBI: 

RBI has decided to allow undertaking of activity by the Urban Cooperative Banks (UCBs) as PAN Service Agent (PSA) for providing PAN issuance services to its customers. All financially sound and well managed UCBs, as defined in the circular ibid may act as PAN Service Agents (PSA) by entering into a tie-up with NSDL e-Governance Infrastructure Limited or with any other agency authorized by the Income Tax Department, Government of India for this purpose with prior approval of the Reserve Bank. All other terms and conditions as set out in our circular dated November 14, 2013 remain the same.

Corporate Updates 19 May 2014

MCA:

As the services for incorporation of companies were not available on the MCA21 portal to stakeholders from 1st April, 2014 to 28th April, 2014 because of the deployment requirements for new E-forms. With an intention to provide one time opportunity, the validity of reservation of all such names with due date of expiry between 1st April, 2014 to 28th April, 2014 is hereby extended upto 31st May, 2014. They could not avail of the 60 days prescribed period for using the name to complete the corresponding incorporation requirements due to the non-availability of services. All applicants whose cases fall in the above mentioned category may be advised to file relevant E-forms for incorporating companies under the Companies Act, 2013 well before the extended validity period.

RBI: 

RBI has simplified the procedure for External Commercial Borrowings (ECB) from Foreign Equity Holder and delegated the powers relating to Proposals for raising ECB by companies belonging to manufacturing, infrastructure, hotels, hospitals and software sectors from indirect equity holders and group companies, miscellaneous services from direct / indirect equity holders and group companies and Proposals involving change of lender when the ECB is from FEH – direct / indirect equity holders and group Company, to the concerned AD banks to approve the cases under the automatic route. All other terms and conditions stipulated in the relative circulars shall continue to be applicable and remain unchanged.

Corporate Updates 16 May 2014

DVAT: 

DVAT authorities has issued instructions to all Dealers who are selling goods to Embassies / High Commission / International Organisations that the department is going to issue refund online to Embassies / High Commission/International Organisations by matching DVAT-23 with 2B of selling dealers. Therefore, while issuing retail / tax invoices to such organisation, selling dealers are required to mention TIN No(s) on retail/tax invoices issued to them and failing which there will be mismatch and selling dealers shall be liable to pay tax, interest and penalty for mismatch.

RBI: 

While proposing certain measures towards consumer protection such as non-levy of penal charges for non-maintenance of minimum balance in any inoperative accounts it was advised to banks that no charge should be levied for non-operation/activation of Basic Savings Bank Deposit Accounts. It is further advised that henceforth banks are not permitted to levy penal charges for non-maintenance of minimum balances in any inoperative account. To view and download and notification, please Click Here.