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Thursday, 9 January 2020

Taxation (IT & GST) and MCA – ROC Compliance Calendar _ January 2020

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 Taxation and MCA – ROC Compliance Calendar _ January 2020





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 and update
2. Goods & Services Tax Act, 2017 (GST) and updates
3. Companies Act, 2013 (MCA/ROC and LLP Compliance) and updates.


Image result for income tax compliance1.     Compliance requirement under Income Tax act, 1961

Income Tax Act, 1961

07.01.2020
Due date for deposit of tax deducted/collected for the month of December, 2019. (TDS & TCS)

TDS & TCS

Income Tax Act, 1961

14.01.2020

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

TDS Certificate u/s 194-IA

Income Tax Act, 1961

14.01.2020
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2019

TDS Certificate u/s 194-IB

Income Tax Act, 1961

15.01.2020
Due date for furnishing of Form 24G by an office of the Government where TCS for the month of December, 2019 has been paid without the production of a challan


Form 24G
Income Tax Act, 1961
15.01.2020
Quarterly statement of TCS deposited for the quarter ending December 31, 2019
Quarterly statement of TCS deposited

Income Tax Act, 1961

15.01.2020
Quarterly statement in respect of foreign remittances (to be furnished by authorized dealers) in Form No. 15CC for quarter ending December, 2019

Form No. 15CC

Income Tax Act, 1961

15.01.2020
Due date for furnishing of Form 15G/15H declarations received during the quarter ending December, 2019


Form 15G/15H

Income Tax Act, 1961

30.01.2020
Quarterly TCS certificate in respect of tax collected for the quarter ending December 31, 2019


Income Tax Act, 1961

30.01.2020

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

Income Tax Act, 1961

30.01.2020
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of December, 2019
challan-cum-u/s 194-IB
Income Tax Act, 1961
31.01.2020
Quarterly statement of TDS deposited for the quarter ending December 31, 2019


Income Tax Act, 1961

31.01.2020
Quarterly return of non-deduction at source by a banking company from interest on time deposit in respect of the quarter ending December 31, 2019



Income Tax Act, 1961


31.01.2020
Intimation under section 286(1) in Form No. 3CEAC, by a resident constituent entity of an international group whose parent is non-resident


Form No. 3CEAC

*    Note:

1.      PAN-Aadhaar linking deadline extended to MARCH, 2020

The due date for linking of PAN with Aadhaar as specified under sub-section 2 of Section 139AA of the Income-tax Act,1961 has been extended from 31st December, 2019 to 31st March, 2020. (Notification no.107 of 2019 dated 30/12/2019 issued by CBDT.)

2.      persons who have made a declaration under sub-section (1) of section 183, but have not made payment of the tax and surchargepayable under section 184

In exercise of the powers conferred by the proviso to sub-section (1) of section 187 of the Finance Act, 2016 (28 of 2016), the Central Government hereby specifies that the persons who have made a declaration under sub-section (1) of section 183, but have not made payment of the tax and surcharge payable under section 184 and penalty payable under section 185 of the said Act, in respect of the undisclosed income, on or before the due date notified by the Central Government vide notification number S.O. 1830 (E), dated the 19th May, 2016, (as subsequently amended vide notification number S.O. 2476 (E), dated the 20th July, 2016), may make the payment of such amount on or before the 31st day of January, 2020, along with interest on such amount, at the rate of one per cent. for every month or part of a month comprised in the period commencing on the date immediately following the said due date as so notified and ending on the date of such payment.

3.      Income Tax (15th Amendment) Rules, 2019

4.      Clarifications in respect of prescribed electronic modes under section 269SU of the Income-tax Act, 1961Source: https://www.incometaxindia.gov.in/communications/circular/circular_32_2019.pdf

*   Important Notifications:

Sl. No.

Particulars of the Notification(s)

Notification Link(s)
1.       
Order under section 119(2) of the Income-tax Act, 1961- Extension of the due dateof payment of tax deducted at source under 194M of the Ac

2.       
​Extension of due date for filing of Income-tax Returns/Tax Audit Reports to 31st January, 2020 in respect of Union Territory of Jammu and Kashmir and Union Territory of Ladakh

3.       
​​Extension of time limit for filing of response to notices issued under section 142(1) of the Income-tax Act 1961 under E-assessment Scheme 2019
4.       
​Clarifications in respect of prescribed electronic modes under section 269SU of the Income-tax Act, 1961

5.       
Notification No. 105/2019, prescribing electronic modes of payment u/s 269SU of the Income-tax Act, 1961

6.       
Public consultation on the proposal for amendment of Income-tax Rules 1962, to insert new Form 15E, to give effect to the amendment in section 195 of the Income-tax Act, 1961​

*Order under section 119(2) of the Income-tax Act, 1961- Extension of the due date of payment of tax deducted at source under 194M of the Act

 https://www.incometaxindia.gov.in/communications/circular/circular_31_2019.pdf
Image result for gst compliance


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


Applicable Laws/Acts


Due Dates

Compliance Particulars

Forms/
 (Filing mode)

GST, Act, 2017



10.01.2020

Form GSTR-7
{TDS Deductor)


GSTR-7

GST, Act, 2017



10.01.2020

Form GSTR-8 (for the month of December 2019) -TCS Collector
(Summary of Tax Collected at Source (TCS) and deposited by E-commerce operators under GST laws)


GSTR – 8




GST, Act, 2017



11.01.2020

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




GSTR – 1

GST, Act, 2017


13.01.2020

Due date for Furnishing return of December 2019 by Input Service Distributors (ISD)

GSTR – 6


GST, Act, 2017



20th of the succeeding

Payment of self-assessed tax
(Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.)



PMT-08



GST, Act, 2017


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



Application for Refund



RFD-10

GST, Act, 2017



20.01.2020

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


GSTR-5 &
GSTR - 5A

GST, Act, 2017

20.01.2020

Simple GSTR return for the month of December, 2019


GSTR – 3B

GST, Act, 2017

18.01.2020

Return filed by composition dealer statement-cum-challan to declare the details or summary of his/her self-assessed tax payable for a given quarter.
(October 2019 to December 2019)


CMP - 08

GST, Act, 2017

31.01.2020

Annual Returns for FY 2017-18


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



GST, Act, 2017
3 months of the registration cancellation date or order cancellation date, whichever comes late


A taxable person who opts for cancellation of GST registration has to file a final return under GST law in form GSTR-10 within three months.


GSTR - 10


GST, Act, 2017
28thof the month following the month in which an inward supply is received by the UIN holders

Statement of inward supplies by persons having Unique Identification Number (UIN)


GSTR - 11

*    Key UPDATE(s):

1.      Annual Return 2017-18
Updated version of the Offline tool of GSTR-9C (Version 1.5) was made available on the portal on 24-12-2019. A minor issue has come to notice in auditor`s certificate issued in Part-B(ii) . The issue will be fixed shortly. In the meantime, where Part-B(ii) of the certificate is not applicable i.e. auditor preparing GSTR-9C has also conducted audit of the business and same number is applicable, they may continue with statement preparation and filing.

2.      Forms available on GST Portal for Taxpayers and Tax Officials

Government has issued various forms for GST related compliances to be made by taxpayers and for taking actions on them by tax officials. Various forms issued for registration, filing returns or refunds etc. have been made available on the GST Portal.. (https://www.gst.gov.in/newsandupdates/read/340)

3.      List of CGST nodal officers for IT Grievance Redressalhttp://cbic.gov.in/htdocs-cbec/gst/IT-Grievance-Nodal-Officers.xlsx

4.      Blocking and Unblocking of EWB generation facility at E-way Bill Portal

5.      Explanatory Notes to the Scheme of Classification of Services

*    GST Updates as on 29.11.2019:

Sl. No.
Notification(s)
Notification No.
Link(s)



1.

Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019
63/2019-Central Tax ,dt. 12-12-2019           
2.
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the month of October, 2019.
64/2019-Central Tax ,dt. 12-12-2019           
3.
Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Jammu and Kashmir for the months of July, 2019 to October, 2019.
65/2019-Central Tax ,dt. 12-12-2019           
4.
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the months of July, 2019 to September, 2019
66/2019-Central Tax ,dt. 12-12-2019           



5.
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Jammu and Kashmir for the month of October, 2019


67/2019-Central Tax ,dt. 12-12-2019           

6.

Seeks to carry out changes in the CGST Rules, 2017.
68/2019-Central Tax ,dt. 13-12-2019           

7.
Seeks to notify the common portal for the purpose of e-invoice.
69/2019-Central Tax ,dt. 13-12-2019           

8.
Seeks to notify the class of registered person required to issue e-invoice.
70/2019-Central Tax ,dt. 13-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-70-central-tax-english-2019.pdf



9.
Seeks to give effect to the provisions of rule 46 of the CGST Rules, 2017.
71/2019-Central Tax ,dt. 13-12-2019           



10.
Seeks to notify the class of registered person required to issue invoice having QR Code.
72/2019-Central Tax ,dt. 13-12-2019           

11.
Seeks to extend the last date for filing of FORM GSTR-3B for the month of November, 2019 by three days from 20.12.2019 till 23.12.2019.
73/2019-Central Tax ,dt. 23-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-73-central-tax-english-2019.pdf
12.
Seeks to waive late fees for non- filing of FORM GSTR-1 from July, 2017 to November, 2019.
74/2019-Central Tax ,dt. 26-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-74-central-tax-english-2019.pdf
13.
Seeks to carry out changes in the CGST Rules, 2017.
75/2019-Central Tax ,dt. 26-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-75-central-tax-english-2019.pdf
14.
Seeks to extend the due date for furnishing of return in FORM GSTR-1 for registered persons in Assam, Manipur or Tripura having aggregate turnover more than 1.5 crore rupees for the month of November, 2019.
76/2019-Central Tax ,dt. 26-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-76-central-tax-english-2019.pdf
15.
Seeks to extend the due date for furnishing of return in FORM GSTR-3B for registered persons in Assam, Manipur, Meghalaya or Tripura for the month of November, 2019
77/2019-Central Tax ,dt. 26-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-77-central-tax-english-2019.pdf
16.
Seeks to extend the due date for furnishing of return in FORM GSTR-7 for registered persons in Assam, Manipur or Tripura for the month of November, 2019.
78/2019-Central Tax ,dt. 26-12-2019           
http://www.cbic.gov.in/htdocs-cbec/gst/notfctn-78-central-tax-english-2019.pdf

*    Important Circulars:
Sl. No.
Circular (s)
File No.
Link(s)


1.
seeks to ab-initio withdraw the Circular No. 107/26/2019 dated 18.07.2019.
(Circular no. 127/2019)

F. No. CBEC – 20/06/03/2019 – GST dated 04.12.2019               



2.
Generation and quoting of Document Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons.
(Circular no. 128/2019)

F. No. GST/INV/ DIN/01/2019-20 dated 23.12.2019

3.
Standard Operating Procedure to be followed in case of non-filers of returns – reg.
(Circular no. 129/2019)

F. No. CBEC-20/06/04/2019-GST,dt. 24-12-2019


4.

RCM on renting of motor vehicles.

(Circular no. 130/2019)

F. No. 354/189/2019-TRU,dt. 31-12-2019


Image result for mca roc3. Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;

Applicable Laws/Acts


Due Dates

Compliance Particulars

Forms / Filing mode




Companies Act, 2013



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
Companies Act, 2013

First 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
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
Companies Act, 2013

31.03.2020

(Due Date Extended From 30.09.2019 to 31.12.2019)

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 )
Form BEN – 2
(e-form deployed by Ministry (ROC)) on 01.07.2019
Companies Act, 2013

On 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, 2013

14.10.2019
(can be filed after due date with a penalty of Rs. 5000/-)
*DIN KYC through DIR 3 KYC Form is an Annual Exercise.
Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th November 2019
and
Annual Exercise:
Penalty after due date is Rs. 5000/-(one time)

E-Form DIR – 3 KYC
(Web Based and E-form)

Companies Act, 2013

within 60 days from the date of deployment of this form on the website of the
Ministry.

Reconciliation of Share Capital Audit Report (Half-yearly)
Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014
To be filed all unlisted companies, deemed public companies
Till further clarification to be filled in GNL-2
Applicable w.e.f. 30.09.2019

Extension Notification:
E-Form PAS – 6
(E-Form, Not yet deployed)
Companies Act, 2013

30.11.2019
IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019
Statement of unclaimed and unpaid amounts
Form IEPF-2
Companies Act, 2013
On or before 31.12.2019
Statement of Amounts credited to Investor Education and Protection Fund Pursuant to Rule 5(4A)
IEPF Form – 1A
Companies Act, 2013
90 days from the date of deployment of this form on the website of
 (NFRA).
Annual Return To Be Filed By Auditor With The National Financial Reporting Authority
NFRA-2

v Due dates of ROC Return Filings

Sl. No.

Particulars

Due Date

E- Form

1

Appointment of Auditor
Within 15 days from the conclusion of AGM
(ratification at every annual general meeting is not mandatory)


ADT-1



2
Filing of financial statement and other documents with the ROC
On or before 30.11.2019
(due date extended)
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.
On or before 31.12.2019
(due date extended)
With in 60 days from the conclusion of AGM



MGT-7*



4
Filing of Cost Audit Report with the Central Government


*On or before 29.O2.2O2O.
(due date extended)

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
*Relaxation of additional fees and extension of last date in filing of formsMGT-7 (Annual Return) and AOC-4 (Financial Statement) under the CompaniesAct, 2013- UT of J&K and UT of Ladakh –
extension of time for filing of financial statements for the financial year ended 31.03.2019. Therefore, it has been decided to extend the due date for filing of e-forms AOC-4, AOC-4 (CFS) AOC-4 XBRL and e-form MGT-7 upto 31.01.2020, for companies having jurisdiction in the UT of J&K and UT of Ladakh without levy of additional fee.’
*Relaxation of additional fees and extension of last date of filing of CRA-4 (cost audit report for FY 2018-19 under the Companies Act, 2O13

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updated till 31st December, 2019 with all Laws / Regulations and their respective amendments.        
----------------------------------------------THE END----------------------------------

1 comment:

  1. Hiii..I really appriciate you for posting this kind of blog. Visit our website for Compliances under GST

    ReplyDelete

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