Corporate Compliance Calendar For the month of August, 2019

CS Lalit Rajput | Aug 1, 2019 |

Corporate Compliance Calendar For the month of August, 2019

Corporate Compliance Calendar For the month of August, 2019

About Article :

This article contains various Compliance requirements under Statutory Laws. Compliance means adhering to rules and regulations.

Compliance Requirement Under

1.   Income Tax Act, 1961

2.   Goods & Services Tax Act, 2017 (GST)

3.   Other Statutory Laws

4    Foreign Exchange Management Act, 1999 (FEMA)

5.   SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015

6.   SEBI (Depositories and Participants) Regulations 1996)

7.   SEBI Takeover Regulations 2011

8.   SEBI (Prohibition of Insider Trading) Regulations, 2015

9.   Companies Act, 2013 (MCA/ROC)

1. Compliance requirement under Income Tax act, 1961
Applicable Laws/ActsDue DatesCompliance ParticularsForms/(Filing mode)
Income Tax Act, 196107.08.2019Due date for deposit of Tax deducted/collected for the month of July, 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
Income Tax Act, 196107.08.2019Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of June, 2019TDS Certificate
(u/s 194-IA)
Income Tax Act, 196107.08.2019Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of June, 2019TDS Certificate
(u/s 194-IB)
Income Tax Act, 196115.08.2019Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of July, 2019 has been paid without the production of a challanForm 24G
Income Tax Act, 196115.08.2019Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of July, 2019Form no. 3BB
Income Tax Act, 196115.08.2019Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending June 30, 2019Quarterly TDS certificate
Income Tax Act, 196130.08.2019Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA for the month of July, 2019Statement for tax deducted u/s 194-IA
Income Tax Act, 196130.08.2019Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of July, 2019Statement for tax deducted u/s 194-IB
Income Tax Act, 196131.08.2019Due date for filing Income Tax Return (ITR) filing for AY 2019-20 has been extended to 31.08.2019

Source: https://www.incometaxindia.gov.in/news/order-for-extension-of-due-date-for%20filing-of-itrs-23-07-2019.pdf  

ITR
2. Compliance  Requirement under Goods & Services Tax Act,  (GST) 2017
Applicable Laws/ActsDue DatesCompliance ParticularsForms/ (Filing mode)
GST, Act, 201731.08.2019Form GSTR-7
(Period: From October 2018 to July 2019)  TDS Deductor) 
GSTR-7
GST, Act, 201710.08.2019Form GSTR-8
TCS Collector (for the month of July, 2019)
GSTR 8
GST, Act, 201711.08.2019Return of outward supplies of taxable goods and/or services for the Month of July 2019 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return.GSTR 1
GST, Act, 201713.08.2019Due date for Furnishing return of July 2019 by Input Service Distributors (ISD)GSTR – 6
GST, Act, 2017Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.Payment of self-assessed tax PMT-08
GST, Act, 201718 months after end of the quarter for which refund is to be claimedApplication for RefundRFD-10
GST, Act, 201720.08.2019Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively. (for the month of July, 2019)GSTR-5 &
GSTR – 5A
GST, Act, 201720.08.2019Simple GSTR return for the month of July, 2019GSTR 3B
GST, Act, 201731.07.2019Registered person having aggregate turnover  up to  1.5 crore in preceding /current financial year (Quarterly Apr 2019 -June 2019)GSTR -1 
GST, Act, 201731.08.2019Annual Returns for FY 2017-18GSTR-9, GSTR-9A & GSTR-9C
GST, Act, 201731.08.2019Statement containing the details of payment of self-assessed tax for the quarter April, 2019 to June, 2019, or part thereofGST CMP-08
36TH GST COUNCIL MEETING UPDATE

Key Highlights :

1. GST rate on all Electric Vehicles reduced from 12% to 5% and of charger or charging stations for EVs from 18% to 5%.

2. Hiring of electric buses by local authorities exempted from GST

3. Changes in GST rates shall be effective from 1st August, 2019

The GST Council has recommended the following :

I. GST rate related changes on supply of goods and services

(i) The GST rate on all electric vehicles be reduced from 12% to 5%.

(ii) The GST rate on charger or charging stations for Electric vehicles be reduced from 18% to 5%.

(iii) Hiring of electric buses (of carrying capacity of more than 12 passengers) by local authorities be exempted from GST.

(iv) These changes shall become effective from 1st August, 2019.

(II) Changes in GST law :

a) Last date for filing of intimation, in FORM GST CMP-02, for availing the option of payment of tax under notification No. 2/2019-Central Tax (Rate) dated 07.03.2019 (by exclusive supplier of services), to be extended from 31.07.2019 to 30.09.2019.

b) The last date for furnishing statement containing the details of the self-assessed tax in FORM GST CMP-08 for the quarter April, 2019 to June, 2019 (by taxpayers under composition scheme), to be extended from 31.07.2019 to 31.08.2019.

3. Compliance under Other Statutory Laws
Applicable Laws/ActsDue DatesCompliance ParticularsForms/(Filing mode)
EPF 
(The  Employees Provident Funds And Miscellaneous Provisions Act, 1952)
15.08.2019PF Payment for July, 2019ECR
ESIC
(Employees’ State  Insurance Act, 1948)
15.08.2019ESIC Payment for July, 2019ESI Challan
Professional Tax and Shop & Establishment Taxes31.08.2019Payment of Professional Tax and Shop & Establishment Taxes 
4. Compliances under FEMA / RBI
Applicable Laws/ActsDue DatesCompliance ParticularsForms / (Filing mode)
FEMA ACT 1999on or before 31.07.2019
(due date extended from 15.07.2019 to 31.07.2019)
FLA Return is required to be submitted mandatorily by all the India resident companies which have received FDI and/ or made ODI in any of the previous year(s), including current year required to be filed by the companies, who holds foreign assets or liabilities in their financial statements as on 31 March.Annual Return on Foreign Liabilities and Assets
(FLA Return)
FEMA ACT 1999Monthly Basis External Commercial Borrowings
Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category I Bank in the form of ECB 2 Return.
ECB 2 Return
FEMA ACT 1999Not later than 30 days from the date of issue of sharesAfter issue of shares or other eligible securities, the Indian company has to fileForm FC-GPR
FEMA ACT 1999With in 60 days from the date of receipt of the amount of consideration.Reporting of transfer of shares and other eligible securities between residents and non-residents and vice- versa is to be made in Form FC-TRS.Form FC-TRS.
5. Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015
FILING MODE(s) :

  • For BSE : BSE LISTING CENTRE
  • For NSE : NEAPS Portal

Quarterly Compliances

Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1Regulation 13 (3)Statement of Investor complaintsWithin 21 days from the quarter end.
2Regulation 27 (2)Corporate Governance ReportWithin 15 days from quarter end.
3Regulation 31Shareholding PatternWithin 21 days from quarter end
4Regulation 32(1)Statement of deviation(s) or variation(s).
( *for public issue, rights issue, preferential issue etc.) 
Quarterly Basis
5Regulation 69Indian Depository Receipt holding pattern & Shareholding details.Within 15 days of end of the quarter 

Half Yearly Compliances

Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1Regulation 7(3)Compliance Certificate certifying maintaining physical and electronic transfer facility  Within one month of end of each half of the financial year 
2Regulation 40(9)Certificate from Practicing Company Secretary (PCS) Within one month of end of each half of the financial year
3 Transfer or transmission or transposition of securitiesWithin one month of end of each half of the financial year

Annual Compliances

Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1Regulation 14Listing fees & other Charges  Payment manner as specified by the Board of by Recognised Stock Exchange.  
2Regulation 34*
(shall be amended w.e.f. April 2019)
Annual ReportWithin 21 working days from the AGM Date

Event based Compliances

Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1Regulation 7 (5)Intimation of appointment  / Change of Share Transfer Agent.Within 7 days of Agreement with RTA.
2Regulation 17(2)Meeting of Board of DirectorsThe board of directors shall meet at least 4 times a year, with a maximum time gap of 120 days between any two meetings. 
3Regulation 18(2)Meeting of the audit committeeThe audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.
4Regulation 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).

5Regulation 30 Outcome of Board Meeting (Schedule III Part A- (4)within 30 minutes of the closure of the meeting
6Regulation 31Holding of specified securities and shareholding patternReg. 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.

7Regulation 39Issuance 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.

8Regulation 40Transfer or transmission or transposition of securitiesAfter 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

9Regulation 43Declaration of DividendThe company has to declare and disclose the dividend on per share basis only.
10Regulation 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.
11Regulation 50Intimation to stock exchange(s).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. 
12Regulation 57Other 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. 
13Regulation 82Intimation 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 

14SCHEDULE 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) (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).
15Regulation 106JPeriod 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.
16Regulation 108Application 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.
6. SEBI (Depositories and Participants) Regulations 1996)
Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1(SEBI55A of the SEBI (Depositories and Participants) Regulations, 1996.)Reconciliation of Share Capital Audit. Within 30 days from quarter end.
7. SEBI Takeover Regulations 2011
Sl. No.Regulation No.Compliance ParticularCompliance 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. 

2Regulation 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 mayDisclosures 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. 

8. SEBI (Prohibition of Insider Trading) Regulations, 2015
Sl. No.Regulation No.Compliance ParticularCompliance Period
(Due Date)
1Regulation 7(2)Continual DisclosureEvery 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 days of receipt of the disclosure or from becoming aware of such information
9. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;
Applicable Laws/ActsDue DatesCompliance ParticularsForms / Filing mode
Companies Act, 2013Within 180 Days From The Date Of Incorporation Of The CompanyAs 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.

LINK

MCA E- Form INC 20A
Companies Act, 2013First declaration within 90 days from the date of notification Dt. 08.02.2019

( i.e. On or before 8th of May, 2019)

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

LINK

i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019

In case Subsequent Acquisition of the title of Significant Beneficial Owner  / Any  Change thereina declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.

Form BEN-1

Draft Format available at
LINK

Companies Act, 201331.09.2019

(Due Date Extended From 31.07.2019 To 30.09.2019)

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

(Within 30 days from deployment of the E form (earlier the date of receipt of declaration in BEN-1 )

LINK

No additional fee shall be levied if the same is filed within 30 days from the date of deployment of the said e-form.

Form BEN 2
(e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013On or before 15.06.2019
(form can be filed after due date with a fee of Rs. 10000 (one time fee)
Filing of the particulars of the Company & its registered office.

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

Due date extended- LINK

Active Form INC -22A
Companies Act, 201330.09.2019*DIN KYC through DIR 3 KYC Form is an Annual Exercise.

LINK

(Penalty after due date is Rs. 5000/-(one time)

E-Form DIR 3 KYC
(Web Based)
Companies Act, 2013within 60 days from the conclusion of each half yearReconciliation 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

LINK

E-Form PAS 6
(E-Form, Not yet deployed)

Due dates of ROC Return Filings

Sl. No. ParticularsDue Date E- Form
1Appointment of AuditorWith in 15 days from the conclusion of AGMADT-1
2Filing of financial statement and other documents with the ROCWith 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
3Filing of annual return by a company.With in 60 days from the conclusion of AGMMGT-7
4Filing of Cost Audit Report with the Central GovernmentWith in 30 days from the receipt of Cost Audit ReportCRA-4
5Filing of Resolutions and agreements to the RegistrarWith in 30 days from the date of Board Meeting.MGT-14

This article is updated till 31st July, 2019 with all Laws / Regulations and their respective amendments.                                

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