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Company Law : Learn about penalties imposed by MCA under Companies Act 2013 for non-compliance with CSR spending regulations. Detailed analysis ...
While there may be no single universally accepted definition of Corporate Social Responsibility (CSR), each definition that currently exists underpins the impact that businesses have on society at large and the societal expectations of them. Although the roots of CSR lie in philanthropic activities
Since the Ministry of Corporate Affairs is keen to move its attitude towards social development, they inserted a welcome provision of “CORPORATE SOCIAL RESPONSIBILITY” wide section no. 135 in new companies act, 2013.
Following Expenditure are not treated as a CSR i) Any amount Contributed to political party is not treated as a CSR. (ii) Any project/Programme which benefits the employees or their family is not treated as CSR. (iii)Any activity undertaken by company during the normal course of business is not treated as CSR.
CSR expense disallowance is restricted to the expenses incurred by the assessee under a statutory obligation under section 135 of Companies Act 2013, and there is thus now a line of demarcation between the expenses incurred by the assessee on discharging corporate social responsibility under such a statutory obligation and under a voluntary assumption of responsibility.
The Board of a company may decide to undertake its CSR activities approved by the CSR committee, through a registered trust or a registered society or a company established under section 8 of the Act by the company, either singly or alongwith its holding or subsidiary or associate company, or alongwith any other company or holding or subsidiary or associate company of such other company, or otherwise: After providing effect to the amendment suggested by Companies (Corporate Social Responsibility Policy) Amendment Rules, 2015, in the Proviso in clause (i) of Rule 4 Sub Rule 2
Ministry of Corporate Affairs (‘MCA’), on the 23rd of May, 2016 came up with the Companies (Corporate Social Responsibility) Amendment Rules, 2016, with the intent to simplify the language complexity under the earlier Companies (Corporate Social Responsibility) Rules, 2014.
The term ‘Corporate Social Responsibility’ (CSR) literally means the responsibility of Corporate Entities towards society. The origination of CSR was happened long back in ancient India which lasted till 1850 and Charity and Philanthropy were the main drivers of that time.
The Board of a company may decide to undertake its CSR activities approved by the CSR Committee, through (a) a company established under section 8 of the Act or a registered trust or a registered society, established by the company, either singly or alongwith any other company, or (b) a company established under section 8 of the Act or a registered trust or a registered society, established by the Central Government or State Government or any entity established under an Act of Parliament or a State legislature :
Major recommendations of the Committee include, inter-alia, the following: It would be desirable to conduct a review of the CSR provision of the Act after three years. Ceiling on administrative overhead cost should be increased from 5% to not more than 10% of the CSR expenditure. Definition of the term “net profit” used under the Act and Rules need to be clarified
Cost Accounting Standards Board (CASB) releases Exposure Draft of Guidance Note on ‘Treatment of Costs Relating to Corporate Social Responsibility (CSR) Activities ‘. Cost Accounting Standards Board (CASB), the standard-setting body of the Institute, has approved the release of Exposure Draft of Guidance Note on ‘Treatment of Costs Relating to Corporate Social Responsibility (CSR) Activities’ […]