CS Lalit Rajput

This article contains various Compliance requirements under Statutory Laws. Compliance means adhering to rules and regulations.’ Article covers Compliance under 1. Compliance Requirement Under Income Tax Act, 1961 2. Compliance Requirement Under Goods & Services Act, (GST) 2017 3. Compliance Under Other Statutory Laws 4. Compliance Requirement Under SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015 and 5. Compliance Requirement For Companies Act, 2013.

CORPORATE Compliance CALENDAR For the Month of  March, 2019 

1. Compliance requirement under Income Tax act, 1961

 

Applicable Laws/Acts

 

Due Dates Compliance Particulars  

Forms/

(Filing mode)

 

Income Tax Act, 1961

 

02.03.2019

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

194-IA

 

Income Tax Act, 1961

 

02.03.2019

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

194-IB

Income Tax Act, 1961 07.03.2019  

Due date for deposit of Tax deducted/collected for the month of February, 2019. (TDS & TCS)

TDS & TCS
Income Tax Act, 1961 15.03.2019 Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of February, 2019 has been paid without the production of a challan Form 24G
Income Tax Act, 1961 15.03.2019  

Fourth instalment of advance tax for the assessment year 2019-20

Advance Tax
Income Tax Act, 1961 15.03.2019 Due date for payment of whole amount of advance tax in respect of assessment year 2019-20 for assessee covered under presumptive scheme of section 44AD/44ADA Section 44AD/44ADA
 

Income Tax Act, 1961

 

17.03.2019

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

Income Tax Act, 1961

 

17.03.2019

Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of January, 2019 TDS Certificate under section 194-IB
Income Tax Act, 1961 30.03.2019 Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of February, 2019 Section 194-IA
Income Tax Act, 1961 30.03.2019 Due date for furnishing of challan-cum-statement in respect of tax deducted under Section 194-IB in the month of February, 2019 Section 194-IB
Income Tax Act, 1961 31.03.2019 Due date for linking of Aadhaar number with PAN
 

Income Tax Act, 1961

 

31.03.2019

Country-By-Country Report in Form No. 3CEAD for the previous year 2017-18 by a parent entity or the alternate reporting entity, resident in India, in respect of the international group of which it is a constituent of such group  

Form No. 3CEAD

 

 

 

Income Tax Act, 1961

 

 

 

31.03.2019

Country-By-Country Report in Form No. 3CEAD for a reporting accounting year (assuming reporting accounting year is April 1, 2017 to March 31, 2018) by a constituent entity, resident in India, in respect of the international group of which it is a constituent if the parent entity is not obliged to file report u/s 286(2) or the parent entity is resident of a country with which India does not have an agreement for exchange of the report etc.  

 

 

Form No. 3CEAD

2. Compliance Requirement under Goods & Services Act, (GST) 2017

 

Applicable Laws/Acts

 

Due Dates Compliance Particulars  

Forms/

(Filing mode)

GST, Act, 2017 10.03.2019 Form GSTR-7 for the month of February, 2019 GSTR-7
GST, Act, 2017 10.03.2019 TCS Collector GSTR – 8
GST, Act, 2017 11.03.2019  

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

 

GSTR – 1
GST, Act, 2017 13.03.2019 Due date for Furnishing return by Input Service Distributors (ISD) GSTR – 6
GST, Act, 2017 20.03.2019 Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively. GSTR-5 & GSTR – 5A
GST, Act, 2017 20.03.2019 Simple GSTR return for the month of February, 2018 GSTR – 3B

3. Compliance under Other Statutory Laws

Applicable Laws/Acts Due Dates Compliance Particulars Forms / (Filing mode)
EPF

(The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952)

15.03.2019 PF Payment for February, 2019 ECR
ESIC

(Employees’ State Insurance Act, 1948)

15.03.2019 ESIC Payment for February, 2019 ESI Challan
Shops And Establishments Act 31.03.2019 Annual Return Under Shops and Establishments Act – Jharkhand
 

Maharashtra Professional Tax Act

 

31.03.2019

Monthly Return for February Under Maharashtra Profession Tax, Trade and Ceilings

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

FILING MODE(s) :

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

 

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 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.

10. Regulation 50 Intimation 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.
11. 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.
12. 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

13. 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)

(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).
14. Regulation 106J 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.

5. Compliance Requirement for Companies Act, 2013

 

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

 

30 Days From The Date Of Deployment of E-Form on MCA Portal Every existing body corporate other than a company governed by the NFRA Rules (Rule 3(1)), shall inform the (“NFRA”) about details of the auditor(s) as on 13th November 2018. Form NFRA-1

(e-form not yet deployed Ministry (ROC))

Companies Act, 2013

 

within 30 days of the form being made available by the MCA All Specified Companies (i.e. Companies who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed 45 days from the date of acceptance or the date of deemed acceptance of the goods or services as per section 9 of the Micro, Small and Medium Enterprises Development Act, 2006) to file details of all outstanding dues to Micro or small enterprises suppliers existing on 22nd January, 2019 within thirty days.

Link of the MCA notification :

https://taxguru.in/company-law/companies-furnishing-information-payment-micro-small-enterprise-suppliers-order-2019.html

Form MSME -1 One time return is required to be filed within 30 days of the form being made available by the MCA

(earlier within 30 days of publication of this order i.e. 21.02.2019.)

Due date of subsequent returns is mentioned below:

a) For Half year period ‘April to September’ – 31st October

b) For half year period ‘October to March’ – 30th April

Companies Act, 2013 30 Days From The Date Of Deployment Of E-Form on MCA Portal Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. Form BEN – 2

(e-form not yet deployed by Ministry (ROC))

Companies Act, 2013 On or before 25.04.2019 Filing of the particulars of the Company & its registered office.

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

 

Active Form INC -22

Companies Act, 2013

 

With in a period of 180 days from the date of incorporation of the Company Filing of details about the subscription amount

(by every company incorporated on or before the 02.11.2018.)

 

 

 

Form INC- 20A

­

Note:

Form DPT-3 (Due date: 21-04-2019)

Onetime Return For Disclosure Of Details Of Outstanding Money Or Loan Received By Company But Not Considered As Deposits In Terms Of Rule 2(1)(C) Of The Companies (Acceptance Of Deposits) Rules, 2014.

Note: Every Company (Other Than Government Company) Shall File A Onetime Return Of Outstanding Receipt Of Money Or Loan From 01st April, 2014 Till 22nd January, 2019, Which Are Not Considered As Deposits, In Form DPT-3 Within Ninety Days of 22nd January, 2019.

CORPORATE Compliance CALENDAR For the Month of  February, 2019 

1. Compliance under Income Tax act, 1961

Applicable Laws/Acts

 

Due Dates Compliance Particulars Forms

(Filing mode)

 

Income Tax Act, 1961

 

07.02.2019

Due date for deposit of Tax deducted/collected for the month of January, 2019. (TDS & TCS)
 

Income Tax Act, 1961

 

14.02.2019

Due date for issue of TDS Certificate for tax deducted under Section 194-IA in the month of December, 2018
 

Income Tax Act, 1961

 

14.02.2019

Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of December, 2018
 

Income Tax Act, 1961

 

15.02.2019

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

 

Form 24G

Income Tax Act, 1961 15.02.2019 Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending December 31, 2018

2. Compliance under Goods & Services Act, 2017

 

Applicable Laws/Acts

 

Due Dates Compliance Particulars Forms/ (Filing mode)
GST, Act, 2017 20.02.2019 Simple GSTR return for the month of January, 2018 GSTR – 3B
GST, Act, 2017 11.02.2019 Return of outward supplies of taxable goods and/or services for the Month of January 2019 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return. GSTR – 1
GST, Act, 2017

 

20.02.2019 Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR. GSTR-5 & GSTR – 5A
GST, Act, 2017

 

10.02.2019 Form GSTR-7 for the month of January, 2019 GSTR-7
GST, Act, 2017

 

10.02.2019 The due date for furnishing statement by e-commerce companies for the month of January 2019. GSTR – 8
GST, Act, 2017

 

13.02.2019 Due date for Furnishing return by Input Service Distributor (ISD) GSTR – 6

3. Compliance under Other Statutory LAws

 

Applicable Laws/Acts

 

 

Due Dates

 

Compliance Particulars

 

Forms / (Filing mode)

 

PF

 

15.02.2019 PF Payment for January, 2019 ECR
 

ESIC

 

15.02.2019 ESIC Payment for January 2019 ESI Challan
The minimum Wages Act, 1948 01.02.2019  

Annual Return

 

Form – III Rule 21 (4A)

The Payment of Wages Act,1936 & related Mines Rules 15.02.2019 Annual Return Form – IV
The Contract Labour 9 (R&A) Act, 1970 & Rules 15.02.2019 Annual Return Form – XXV

4. Quarterly Compliances under SEBI (LODR) Regulations 2015

Sl. No. Regulation No. Compliance Particular  

Compliance Period (Due Date)

 

Filing Mode(s)
1 Regulation 7 (5) Intimation of appointment / Change of Share Transfer Agent.

 

Within 7 days of Agreement with RTA.  

BSE : BSE Listing Centre NSE : NEAPS

 

2 Regulation 33 Financial Results (along with Limited review report/Auditor’s report for the quarter ended December 2018)

 

Within 45 days from quarter end (except in case of Annual Financial Result, within 60 days from end of Financial Year)  

BSE : BSE Listing Centre NSE : NEAPS

 

3 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.

 

 

BSE : BSE Listing Centre NSE : NEAPS

5. Compliances Calendar for Companies Act, 2013

Applicable Laws/Acts

 

Due Dates Compliance Particulars Forms / (Filing mode)
Companies Act, 2013 Within 180 Days From The Date Of Incorpo-ration 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 21-02-2019 All Specified Companies (i.e. Companies who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed 45 days from the date of acceptance or the date of deemed acceptance of the goods or services as per section 9 of the Micro, Small and Medium Enterprises Development Act, 2006) to file details of all outstanding dues to Micro or small enterprises suppliers existing on 22nd January, 2019 within thirty days. MSME Form 1
Companies Act, 2013 30 Days From The Date Of Deployment of E-Form on MCA Portal Every existing body corporate other than a company governed by the NFRA Rules (Rule 3(1)), shall inform the (“NFRA”) about details of the auditor(s) as on 13th November 2018. Form NFRA-1 (e-form not yet deployed Ministry)
Companies Act, 2013 30 Days From The Date Of Deployment Of E-Form on MCA Portal Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. Form BEN – 2 (e-form not yet deployed Ministry)

Note :

Form DPT-3 (Due date: 21-04-2019)

Onetime Return For Disclosure Of Details Of Outstanding Money Or Loan Received By Company But Not Considered As Deposits In Terms Of Rule 2(1)(C) Of The Companies (Acceptance Of Deposits) Rules, 2014.

Note: Every Company (Other Than Government Company) Shall File A Onetime Return Of Outstanding Receipt Of Money Or Loan From 01st April, 2014 Till 22nd January, 2019, Which Are Not Considered As Deposits, In Form DPT-3 Within Ninety Days Of 22nd January, 2019.

CORPORATE Compliance CALENDAR For the Month of  JANUARY, 2019 

1. Compliance under Income Tax act, 1961

 Applicable Laws/Acts
 
Due Dates Compliance Particulars Forms (Filing  mode)
Income Tax Act, 1961 07.01.2019 Due date for deposit of tax deducted/collected for the month of November, 2018. (TDS & TCS)
Income Tax Act, 1961 14.01.2019 Due date for issue of TDS Certificate for tax deducted under Section 194-IA in the month of November, 2018
Income Tax Act, 1961 14.01.2019 Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of  November, 2018
Income Tax Act, 1961 15.01.2019 Due date for furnishing of Form 24G by an office of the Government where TCS for the month of December, 2018 has been paid without the production of a challan Form 24G
Income Tax Act, 1961 15.01.2019 Quarterly statement of TCS deposited for the quarter ending December 31, 2018
Income Tax Act, 1961 15.01.2019 Quarterly statement in respect of foreign remittances (to be furnished by authorized dealers) in Form No. 15CC for quarter ending December, 2018 Form No. 15CC
Income Tax Act, 1961 15.01.2019 Due date for furnishing of Form 15G/15H declarations received during the quarter ending December, 2018 Form 15G/15H
Income Tax Act, 1961 30.01.2019 Quarterly TCS certificate in respect of tax collected for the quarter ending December 31, 2018
Income Tax Act, 1961 30.01.2019 Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA  in the month of December, 2018
Income Tax Act, 1961 30.01.2019 Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of December, 2018
Income Tax Act, 1961 31.01.2019 Quarterly statement of TDS deposited for the quarter ending December 31, 2018
Income Tax Act, 1961 31.01.2019 Quarterly return of non-deduction at source by a banking company from interest on time deposit in respect of the quarter ending December 31, 2018
Income Tax Act, 1961 31.01.2019 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

2. Compliance under Goods & Services Act, 2017

 
Applicable Laws/Acts
 
 
Due Dates
 
Compliance Particulars
 
Forms/  (Filing mode)
GST, Act, 2017 20.01.2019 Simple GSTR return for the month of December, 2018 GSTR – 3B
GST, Act, 2017 31.01.2019 in case of taxpayers (regular taxpayer) with turnover upto Rs 1.5 crores in previous FY or Current Financial year. (October – December, 2018 Quarter) GSTR – 1
GST, Act, 2017
 
 
31.01.2019
Return by e-commerce operators for the months of October, November and December, 2018 GSTR-8
GST, Act, 2017 31.01.2019 Form GSTR-7 for the month of October 2018 for all taxpayers GSTR-7

 Some Important updates on GST:

1. New return filing system to be started on a trial basis from April 1, 2019, and on mandatory basis from July 01, 2019.

2. Taxpayers cannot generate e-way bill if they do not file GST returns for two consecutive tax periods.

3. Changes made by CGST (Amendment) Act, 2018, IGST (Amendment) Act, 2018, UTGST (Amendment) Act, 2018 and GST (Compensation to States) Amendment Act, 2018 and the corresponding changes in SGST Acts would be notified w.e.f. 01.02.2019.

4. The due date for furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the Financial Year 2017 – 2018 further extended till 30.06.2019.

5. Due date for furnishing FORM GSTR-3B and FORM GSTR-1 for the period July, 2017 to February, 2019/quarters July, 2017 to December, 2018 by such taxpayers shall be extended till 31.03.2019.

3. Compliance under Other Statutory Laws

Applicable Laws/Acts
 
Due Dates Compliance Particulars Forms / (Filing mode)
PF 15.01.2019 PF Payment for December 2018 ECR
ESIC 15.01.2019 ESIC Payment for December 2018 ESI Challan
Factories Act, 1948 15.01.2019 Yearly Return Ending 31St Dec, 2018
Factories Act, 1948 15.01.2019 Half Yearly Return Ending 31St Dec, 2018
Contract Labour (R & A) Act 30.01.2019 Half Yearly Return By The Contractor Ending 31St Dec

 4. Quarterly Compliances under SEBI (LODR) Regulations 2015

Sl. No. Regulation No. Compliance Particular Compliance Period (Due Date) Filing Mode(s)
 
  1
 
Regulation 13 (3)
Statement of Investor complaints Within 21 days from the quarter end.  
BSE : BSE Listing Centre
NSE : NEAPS
 
 
2
 
Regulation 27 (2)
Corporate Governance Report Within 15 days from quarter end.  
BSE : BSE Listing Centre
NSE : NEAPS
 
 
3
 
Regulation 31
Shareholding Pattern Within 21 days from quarter end  
BSE : BSE Listing Centre    NSE : NEAPS
 
 
4
Regulation  34 (*In case ROC Extension granted to Companies for Delayed AGM) Annual Report Within 21  working days of it being  Approved and adopted in the annual general meeting.  
BSE : BSE Listing Centre  
 NSE : NEAPS
 
 
5
(SEBI55A of the SEBI (Depositories and Participants) Regulations, 1996.) Reconciliation of Share Capital Audit. Within 30 days from quarter end.  
BSE : BSE Listing Centre  
NSE : NEAPS
 
 
 
6
 
 
Regulation 32(1)
 
Statement of deviation(s) or variation(s).
( *for public issue, rights issue, preferential issue etc.)
Quarterly Basis  
BSE : BSE Listing Centre  
NSE : NEAPS
 
 
7
 
Regulation 69
 
Indian Depository Receipt holding pattern & Shareholding details. within 15 days of end of the quarter  
BSE : BSE Listing Centre
NSE : NEAPS  

(Author can be reached at lalitrajput537@gmail.com)

Republished with Amendments and further updates.

Author Bio

Qualification: CS
Company: S.Srinivasan & Co., Company Secretaries
Location: New Delhi, New Delhi, IN
Member Since: 06 Dec 2018 | Total Posts: 15

My Published Posts

More Under Corporate Law

Leave a Comment

Your email address will not be published. Required fields are marked *