Compliance Calendar For September 2019


   

Compliance Calendar For September 2019

The compliances of statutory laws, rules & regulations carry significance in terms of discharging the legal responsibilities by the various entities operating in the country. The meeting of deadlines and submitting the periodic information to the Government authorities is one of the most important and critical part of the working of the business.

For the ease of reference and smooth working, the table has been compiled below including all the important dates and types of forms required for meeting the statutory timelines.

This Article includes following topics :-

A

Compliances Calendar for GST

B

Compliances Calendar for ESI and PF Payments

C

Compliances Calendar for Income Tax Act

D

Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015

E

SEBI (Prohibition of Insider Trading) Regulations, 2015

F

SEBI Takeover Regulations 2011

G

Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder

H

Due Dates of ROC filings

S.No

Particulars of ComplianceForms/Returns

Due Date

A. Compliances Calendar for GST

1

TCS Collector (for the month of August, 2019)

GSTR-8

10-09-2019

3

Return of outward supplies of taxable goods and/or services for the Month of August 2019 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return.

GSTR -1

11-09-2019

4

Return for Input Service Distributor

GSTR – 6

13-09-2019

5

Payment of self-assessed tax

PMT-08

Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.

6

Application for Refund

RFD-10

18 months after end of the quarter for which refund is to be claimed

7

Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively.(for the month of August, 2019)

GSTR-5 & GSTR – 5A

20.09.2019

8

Simple GSTR return for the month of August, 2019

GSTR 3B

20-09-2019

9

Annual Returns for FY 2017-18

GSTR-9, GSTR-9A & GSTR-9C

30.11.2019

 B. Compliances Calendar for ESI and PF Payments

1

PF Payment for Augsut 2019

ECR

15-09-2019

2

ESIC Payment for August 2019

ESI Challan

15-09-2019

 C. Compliances Calendar for Income Tax Act

1

Due date for deposit of Tax deducted/collected for the month of August, 2019.

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

TDS & TCS

07-09-2019

2

Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of August, 2019

TDS Certificate u/s 194-IA

14-09-2019

3

Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of August 2019

TDS Certificate u/s 194-IB

14-09-2019

4

Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of August, 2019 has been paid without the production of a challan

Form 24G

15-09-2019

5

Second instalment of advance tax for the assessment year 2020-21

15-09-2019

6

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 inthe system for the month of August, 2019

Form No. 3BB

15-09-2019

7

Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of August, 2019

Statement for tax deducted u/s 194-IA

30.09.2019

8

Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of August, 2019

Statement for tax deducted u/s 194-IB

30.09.2019

9

Statement by scientific research association, university, college or other association or Indian scientific research company as required by rules 5D, 5E and 5F

(if due date of submission of return of income is September 30, 2019)

30.09.2019

10

Annual return of income for the assessment year 2019-20 if the assessee (not having any international or specified domestic transaction) is:

(a) corporate-assessee or

(b) non-corporate assessee (whose books of account are required to be audited) or

(c) working partner of a firm whose accounts are required to be audited).

30.09.2019

11

Application in Form 9A for exercising the option available under Explanation to section 11(1) to apply income of previous year in the next year or in future

(if the assessee is required to submit return of income on September 30, 2019)

Form 9 A

30.09.2019

12

Statement in Form no. 10 to be furnished to accumulate income for future application under section 10(21) or 11(1)

(if the assessee is required to submit return of income on September 30, 2019)

Form no 10

30.09.2019

13

Submit copy of audit of accounts to the Secretary, Department of Scientific and Industrial Research in case company is eligible for weighted deduction under section 35(2AB)

[if company does not have any international/specified domestic transaction]

30.09.2019

14

Due date for claiming foreign tax credit, upload statement of foreign income offered for tax for the previous year 2018-19 and of foreign tax deducted or paid on such income in Form no. 67.

(if due date of submission of return of income is September 30, 2019).

30.09.2019

D. Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015

Annual Compliances

Sl. No.

Regulation No.Compliance Particular

Compliance Period (Due Date)

1

Regulation 14

Listing fees & other Charges

Payment manner as specified by the Board of by Recognised Stock Exchange.

2

Regulation 34 (amended w.e.f. April 2019)

Annual Report

Within 21 working days from the AGM Date

Half Yearly Compliances

Sl. No

Regulation No.Compliance Particular

Compliance Period
(Due Date)

1

Regulation 7(3)

Compliance Certificate certifying maintaining physical and electronic transfer facility

Within one month of end of each half of the financial year

2

Regulation 40(9)

Certificate from Practicing Company Secretary (PCS)

Within one month of end of each half of the financial year

3Regulation 40(10)

Transfer or transmission or transposition of securities

Within one month of end of each half of the financial year

Event based Compliances

Sl. No.

Regulation No.Compliance Particular

Compliance Period (Due Date)

1

Regulation 7 (5)

Intimation of appointment / Change of Share Transfer Agent.

Within 7 days of Agreement with RTA.

2

Regulation 17(2)

Meeting of Board of Directors

The board of directors shall meet at least 4 times a year, with a maximum time gap of 120 days between any two meetings.

3

Regulation 18(2)

Meeting of the audit committee

The audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.

4.Regulation 29

Notice for Board Meeting to consider the prescribed matters.

The Company shall give an advance notice of:

a) at least 5 days for Financial Result as per Regulation 29 1 (a)

b) in case matters as stated in regulation 29 1 (b) to (f) –

2 Working days in advance(Excluding the date of the intimation and date of the meeting) to Stock Exchange.

c) 11 working days in case matter related to alteration in i) Securities ;ii) date of interest or redemption of Debenture / bond as per regulation 29(3) (a) ,(b).

5

Regulation 30

Outcome of Board Meeting (Schedule III Part A- (4)

within 30 minutes of the closure of the meeting

6

Regulation 31

Holding of specified securities and shareholding pattern

Reg. 31(1)(a): 1 day prior to listing of its securities on the stock exchange(s);

Reg. 31(1)(c): within 10 days of any capital restructuring of the listed entity resulting in a change exceeding 2 % of the total paid-up share capital.

7

Regulation 39

Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities

Reg. 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 30 days from the date of such lodgement.

Reg. 39(2): The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within 2 days of its getting information.

8

Regulation 40

Transfer or transmission or transposition of securities

After due verification of the documents, the Listed Company 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 15 days from the date of such receipt of request for transfer:

Transmission  requests are processed for securities held in dematerialized mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents

9

Regulation 43

Declaration of Dividend

The company has to declare and disclose the dividend on per share basis only.

10

Regulation 46

Company Website:

Listed entity shall disseminate the information as stated in Regulation 46 (2)

Shall update any change in the content of its website within

2 working days from the date of such change in content.

11

Regulation 50

Intimation to Stock Exchange

Listed Company shall give prior intimation at least 11 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.

12

Regulation 57

Other submissions to stock exchange(s).

Listed Company shall submit a certificate to the stock exchange within 2 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

13

Regulation 82

Intimation and filings with stock exchange(s)

Intention to issue new securitized debt instruments either through a public issue or on private placement basis :

Reg. 82(2) : Intimation of Meeting at least  2 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

14

Regulation 106 J

Period of subscription and issue of allotment letter.

A rights issue shall be open for subscription in India for a period as applicable under the laws of its home country but in no case less than 10 days.

15

Regulation 108

Application for Listing.

The issuer / the issuing company, shall, make an application for listing, within 20 days from the date of allotment, to one or more recognized stock exchange(s) along with the documents specified by stock exchange(s) from time to time.

16

SCHEDULE III

PART A: DISCLOSURES OF EVENTS OR INFORMATION: SPECIFIED SECURITIES

Events which shall be disclosed without any application of the guidelines for materiality as specified in sub-regulation (4) of regulation (30) ended December 2018)

(7B) In case of resignation of an independent director of the listed entity, within 7 days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities as mentioned in 7B (i), 7B(ii) & 7B(iii)

17

Regulation 23

Corporate governance requirements with respect to subsidiary of listed entity

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

18

Regulation 24A

Secretarial Audit

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.

E. 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 daysof receipt of the disclosure or from becoming aware of such information

F. SEBI Takeover Regulations 2011

Sl. No.

Regulation No.Compliance Particular

Compliance Period (Due Date)

1Regulation 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.

Disclosures shall be made within seven (7) working days from the end of each financial year to;

1) every stock exchange where the shares of the target company are listed; and

2) 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

Disclosures shall be made within seven (7) working days from the end of each financial year to;

1) every stock exchange where the shares of the target company are listed; and

2) the target company at its registered office.

G. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;

Sr. no

Due DatesCompliance Particulars

Forms / Filing mode

1

Within 180 Days From The Date Of Incorporation Of The Company

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

2

within 90 days from the date of notification

( earlier On or before 8th of May, 2019)

A person having Significant beneficial owner shall file a declaration to the reporting company

i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019,

Form BEN-1

3

Within 30 Days

Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018.

(Within 30 days from the date of receipt of declaration in BEN-1)

Form BEN – 2

 4

On or before 15.06.2019

Filing of the particulars of the Company & its registered office.

(by every company incorporated on or before the 31.12.2017.)

Active Form

INC -22A

 5

30.09.2019

DIN KYC through DIR 3 KYC Form is an Annual Exercise, however, the e-form presently is not designed in such manner and thus the due date for filing the e-form would be 30 days from the date of deployment of revised e-form.

Penalty after due date is Rs. 5000/-

E-Form DIR – 3 KYC

 6

within 60 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

Applicable w.e.f. 30.09.2019

E-Form PAS – 6

(E-Form, Not yet deployed)

7

With in 15 days from the date of publication of these rules

On or before 03.09.2019

IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019

Statement of unclaimed or unpaid amounts and details of Nodal Officer

The details of the Nodal Officer and Deputy Nodal Officer duly indicating his or her designation, postal address, telephone and mobile number and company authorized e-mail ID shall be communicated to the Investor Education and Protection Fund Authority in Form No. IEPF – 2 within fifteen days from the date of publication of these rules and the company shall display the name of Nodal Officer and his e-mail ID on its website:

Provided that any change in the Nodal Officer or his details shall be communicated to the Authority through Form No. IEPF-2 within seven days of such change along with board resolution thereof.”

E – Form IEPF-2

H. Due Dates of ROC filings:

Sr. No 

Compliance Particulars Due Dates

E- Forms

1

Appointment of Auditor

With in 15 days from the conclusion of AGM

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

With in 30 days from the date of Board Meeting.

MGT-14

This Article is shared by CA Rubneet Anand. She can be reached at [email protected].

CA Rubneet Anand

B.Com, M.Com(Finance& Taxation), MBA(Finance & International Business- IMT Ghaziabad).

Deputy Manager (Internal Audit & Indirect Taxation)-M/s SML Isuzu Ltd.


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