Company Law - FORM NO. CSR-1 is issued Pursuant to section 135 of the Companies Act, 2013 and Rule 4(1) and (2) of Companies (CSR Policy) Rules, 2014 for Registration of Entities for undertaking CSR Activities. In accordance with the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021, company can undertake CSR activities either it...
Read MoreCompany Law - CORPORATE SOCIAL RESPONSIBILITY AMENDMENT UTILIZATION OF UNSPENT AMOUNT ON CSR ACTIVITIES (OTHER THAN ONGOING PROJECTS) [SECTION 135(5)] Reason for not spending the amount ⇓ Transfer such unspent amount ⇓ To a fund specified in Schedule VII ⇓ Within 6 months ⇓ Of the expiry of the financial Year UTILIZATION OF UNSPENT AMOUNT ON CS...
Read MoreCompany Law - Corporate altruism in India has found a new purpose since advent of the COVID-19 pandemic. With the nationwide lockdown upending economic activity at one hand and disrupting lives, especially of the poor, on the other, companies have not only opened their purse strings but also rolled up their sleeves to respond proactively to the pandemi...
Read MoreCompany Law - At present, provisions under section 135 of the Act regulate large companies i.e. (a) companies having net worth of INR 500 crores or more; (b) turnover of INR 1,000 crores or more; or (c) net profit of INR 5 crore or more, during the immediately preceding financial year, to spend at least 2% of the average net profits during the three im...
Read MoreCompany Law - The uncertainty on whether corporations can avail input tax credit (ITC) for any expenditure made under Corporate Social Responsibility (CSR) is a longstanding one. In the absence of a clear-cut law, corporations have had to rely on specific AAR rulings to ascertain whether they can avail ITC for their CSR expenditure. However, inconsiste...
Read MoreCompany Law - Where the Company has traded or invested in Crypto currency or Virtual Currency during the financial year, the following shall be disclosed:- a. profit or loss on transactions involving Crypto currency or Virtual Currency b. amount of currency held as at the reporting date, c. deposits or advances from any person for the purpose ...
Read MoreCompany Law - Corporate houses spend a huge sum on Corporate Social Responsibility (CSR) for the welfare of workers and local people in the country. This was stated by Minister of State for the Ministry of Corporate Affairs Shri Rao Inderjit Singh in a written reply to a question in the Lok Sabha today....
Read MoreCompany Law - ICSI Request for extension of timelines for depositing unspent amount of ongoing CSR project in separate bank account under Section 135 of the Companies Act, 2013 due to the second wave of COVID-19 ...
Read MoreCompany Law - Form CSR- INSTRUCTIONS FOR FILLING OF EFORM CSR (Form for voluntary reporting of Corporate Social Responsibility) Note: 1. Instructions are not provided for the fields which are self explanatory 2. If the space within any of the fields is not sufficient to provide all the information, then additional details can be provided as an optional...
Read MoreCompany Law - Whenever any violation of CSR provisions is reported, action against such non-compliant Companies are initiated as per provisions of the Act after due examination of records and following due process of law....
Read MoreNational Building Construction Corporation Ltd. Vs Add. CIT (ITAT Delhi) - National Building Construction Corporation Ltd. Vs Add. CIT (ITAT Delhi) In the instant case before us also, the expenses have been incurred on the direction of the relevant Ministry / Government of India. Further, neither the Assessing Officer nor the learned DR has rebutted the contention of the a...
Read MoreToyota Boshoku Automotive India Private Limited Vs DCIT (ITAT Bangalore) - Appellant, during AY 2012-2013, paid a huge amount towards provision of toilet facilities in Government Schools where the children of employees of the Appellant were studying. While filing the returns for that year, the Appellant claimed the same amount as Corporate Social Responsibility (CSR) expen...
Read MoreIn re Adama India Private Limited (GST AAR Gujarat) - In re Adama India Private Limited (GST AAR Gujarat) CSR activities, as per Companies (CSR Policy) Rules, 2014 are those activities excluded from normal course of business of the applicant and therefore not eligible for ITC, as per Section 16(1) of the CGST Act. FULL TEXT OF THE ORDER OF AUTHORITY OF...
Read MoreJMS Mining Pvt. Ltd. Vs PCIT (ITAT Kolkata) - JMS Mining Pvt. Ltd. Vs PCIT (ITAT Kolkata) Current appeal has been filed against the order dated March 30, 2021 (Impugned order) passed by Ld. Principal Commissioner of Income-tax (Respondent) under Section 263 of Income Tax Act, 1961 (IT Act). It is challenged on the ground of the invocation of ju...
Read MoreNTPC Electric Supply Company Ltd. Vs ITO (ITAT Delhi) - NTPC Electric Supply Company Ltd. Vs ITO (ITAT Delhi) The facts in brief are that the assessee-company is a wholly owned subsidiary company of NTPC Ltd., a government undertaking with the objective to make foray in supply and distribution of electricity. It was entrusted with rural electrification w...
Read MoreGeneral Circular No. 14/2021 - (25/08/2021) - MCA has vide General Circular No. 14/2021 dated 25.08.2021 issued updated FAQs on Corporate Social Responsibility (CSR) and withdrawn 4 earlier FAQs and clarifications issued by it from time to time. The FAQs on CSR broadly covers Applicability of CSR, CSR Framework, CSR Expenditure, CSR Activitie...
Read MoreGeneral Circular No. 13/2021 - (30/07/2021) - Spending of CSR funds for COVID-19 vaccination for persons other than the employees and their families, Is an eligible CSR activity under item no. (i) of Schedule VII of the Companies Act, 2013 relating to promotion of health care including preventive health care and item no. (xii) relating to disas...
Read MoreE-file no. CSR-01/4/2021-CSR-MCA - (20/05/2021) - Several representations have been received in the Ministry for setting off the excess CSR amount spent by the companies in FY 2019-20 by way of contribution to ‘PM CARES Fund' against the mandatory CSR obligation for FY 2020-21....
Read MoreGeneral Circular No. 09/2021 - (05/05/2021) - CSR funds for ‘creating health infrastructure for COVID care’, ‘establishment of medical oxygen generation and storage plants’, ‘manufacturing and supply of Oxygen concentrators, ventilators, cylinders and other medical equipment for countering COVID-19’ or simila...
Read MoreGeneral Circular No. 05/2021 - (22/04/2021) - MCA issued General Circular No. 05/ 2021 dated 22nd April, 2021, wherein it has been clarified that spending for 'setting up COVID Care facilities & makeshift hospitals' is an eligible CSR activity....
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National Building Construction Corporation Ltd. Vs Add. CIT (ITAT Delhi) -