MINISTRY OF CORPORATE AFFAIRS - NOTIFICATION

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,

PART II, SECTION 3, SUB-SECTION (1)]

GOVERNMENT OF INDIA                   

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

NEW DELHI, 28TH APRIL 2014

G.S.R............... (E). - In exercise of the powers conferred by sections 396,

398,399,403 and section 404, read with sub-sections (1) and (2) of section 469

Of the Companies Act,2013 (18 of 2013), the Central Government hereby makes

The following rules to amend the Companies (Registration Offices and Fees)

Rules, 2014, namely:-

1. (l) These rules may be called the Companies (Registration Offices and

Fees) Amendment Rules, 2014-

(2) They shall come into force with effect from the 28th day of April,

2014.

2- In the Companies (Registration Offices and Fees) Rules, 2014 (herein

After referred to as the said rules), in rule 8, after sub-rule ( II ), following sub-rule

Shall be inserted, namely:-

"(12)(a) The following e-forms filled by companies, other than one person

Companies and small companies, under sub-rule (1) of rule 9, shall be pre-certified

By the Chartered Accountant, or the Company Secretary or as the case

May be the Cost Accountant, in whole-time practice, namely:-

INC-2I, INC-22, INC-28, PAS-3, SH-7, CHG-1, CHG-4, CIHG-9, MGT-

14, DIR-6, DIR-I2, MR-1, MR-2, MSC-1, MSC-3, MSC-4, GNL-3, ADT-1.

NDH-1, NDH-2, NDH-3;

(b) The following e-forms filed by companies, other than one person

Companies and small companies, under sub-rule (1) of rule 9, shall be pre-certified

In the following manner, namely:-

(i) GNL-1 - optional pre-certification by the Chartered Accountant or the

Company Secretary or as the case may be the Cost Accountant, in whole-time

Practice;

(ii) DPT-3 - certification by Auditors of the company;

(iii) MGT-10 – certification by a Company Secretary in whole-time practice;

(iv) AOC-4- certification by a Chartered Accountant in whole-time practice;

(c) E-form DIR-3 shall be filed along with attestation of photograph, identity

Proof and proof of residence of the applicant by the Chartered Accountant or the

Company Secretary or as the case may be the Cost Accountant, in whole-time

Practice."

3. In the said rules, in rule 9, for sub-rule (1), the following sub-rule shall be

substituted, namely:-

"(l) The Central Government shall set up and maintain a secure

Centralized electronic registry in which all the applications, financial statement,

Prospectus, return, register, memorandum, articles, particulars of charges, or any

Particulars or returns or any other documents under the Act shall be filed and

Stored electronically."

(Renuka Kumar)

Joint Secretary

[F.No.1/5/2014-CL-V]

Company Registration And  Get also register iec code in delhi 

ICAI expresses its concern on the proposed definition of "Accountant" in DTC, 2013

As the members are aware, the Direct Taxes Code, 2013 has proposed to widen the scope of the definition "Accountant" to include other professionals as well. It is a fact that various provisions in the Income-tax Act, 1961 under which chartered accountants have been given the responsibilities to undertake audit and certification of accounts of various entities have the emphasis on "audit"of the relevant accounts which is the exclusive domain of Chartered Accountants.

The Council of ICAI is aware that the proposed change is a cause of major concern to the entire profession. In this regard, ICAI has through a representation to Ministry of Finance, placed on record its concern not only for the profession, but for the country as a whole since issuance of audit certificates by persons having limited knowledge of audit of accounts will not only be professionally incorrect and but will raise many concerns including causing huge revenue leakages.


A meeting in this regard was held with Mr. Rajiv Takru, Revenue Secretary and Mr. R.K.Tewari, Chairman, CBDT on 16.4.2014, wherein CA. K. Raghu, President, ICAI and CA. Manoj Fadnis, Vice President, ICAI emphasized on the fact that there is a very significant difference in the area of expertise of other professionals vis-a-vis Chartered Accountants.

Members be assured that the Council of ICAI is equally concerned and will not leave any stone unturned to save the profession and the nation.

Secretary, Direct Taxes Committee

original sources : http://icai.org/new_post.html?post_id=10558&c_id=219

for applying the import export code (iec code)

RBI to not get permits Promoters to be CEOs of Private Banks.

The company which encourages the bank ought to be totally possessed through the Promoters team as well as half from the company directors from the NOFHC ought to be Self-employed company directors.

The Reserve Bank of India is actually not likely to permit the Promoters associated with Private Banks to be CEOs with regards to enables brand new banks in the future upward.

The Central Bank is actually eager that this Promoters does not end up being the Leader to prevent discord associated with passions along with other vested passions. “The RBI created concentrate on associated with permitting a few Private Banks to create the actual Promoters getting CEOs because nicely.

“It will not occur once again,” stated the senior official of the RBI.

The actual Promoters as well as CEOs associated with two Private banking institutions -- Kotak Mahindra as well as Yes Bank -- that arrived in 2004 are similar.

Global Trust Bank, whose CEO and promoter was Ramesh Gelli, went down in a scam and later combined with Oriental Bank of Commerce

If you want Company Registration, Getting import export code, service tax registration, society/NGO registration, trademark registration,

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Procedure of getting import export code

1. Condition of additional facility for filing Importer Exporter Code (IEC) applications “on-line”. DGFT is introduce supplementary facility on DGFT’s website (http://dgft.gov.in) for enable member of trade to file their IEC applications ‘on-line” with effect from 1.1.2011.

2. Presently, the applications for obtaining an IEC are filed manually with the concerned Regional Authority of DGFT. The applications are filed in hard copy in the prescribe Performa with detailed documents.

3. The additional facility of filing “on-line” application for obtaining IEC will reduce the transaction cost and time for the applicant, would ensure easy, flexible filing of application and decrease human interface and paper work in the process.

4. The accessible system of filing the IEC application manually would concurrently continue till further orders i.e. the applicant will have an option to prefer his application either manually or “on-line” as per his/her convenience.

5. The following guidelines and procedures are specific for the “on-line” system of filing, processing and issuance of IEC:-

(i) The applicant may file the IEC application for “on-line” through the link existing on the DGFT’s website.

(ii) The fee in case “on-line” application for IEC has to be paid through Electronic Fund Transfer (EFT) mode only. The EFT link with essential direction for making payment through EFT is already available on DGFT’s website.

(iii) The prescribed documents, i.e. the Bank certificate, PAN copy and photograph, are to be scanned and attached with the ‘on-line’ application. Any other relevant documents for example Authority letter in respect of authorized representative should be attached in the ‘pdf’ format.

(iv) Physical copy of application is not required to be submitted to the concerned Regional Authority (RA) in case of “on-line” applications.

(v) The position of IEC “on-line” application i.e. IEC number approved for accepted applications and lack in case of other approved applications will be available on DGFT’s website.

(vi) In case, an “on-line” application is found to be lacking and such deficiency indicated ‘on-line’, additional information/documents against such deficiencies would need to be submitted physically (in hard copies) to the concerned RA.

(vii) The applicants are advice to be very careful while selecting jurisdictional RA for sending their applications, as selection of a wrong RA would require retransmission of application to the correct objective and it is likely to root delay in processing.

(vii) Comprehensive guidelines regarding filing of “on-line” IEC applications are available on DGFT’s server under the IEC “on-line” Help Icon.

6. Members of Trade are optimistic to take advantage of the “on-line” facility for IEC application and RAs are requested to distribute the information about the facility among the Trade.


For more information

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Growing Importance for TDS Compliance

Nowadays delay in payment of TDS and in TDS return Filing makes an assessee liable to Late Payment Interest, Late Payment Penalty, Late Filing Fees, Late Filing Penalty and Further makes him liable to prosecution under the provision of the Income Tax Act, 1961. In this article we are discussing some of these provisions which makes it clear that TDS cannot be taken lightly and we should take utmost care in timely payment of TDS and filing of TDS return.

TDS payment and Return Filing

The provision of TDS is getting stringent and from now it is becoming very necessary for all to comply the same and understand the importance of TDS.

As per the provision of TDS is to be deducted on payment or credit whichever is earlier.

So for e.g. If bill date is 15/4/13 amounting to 25000/- but advance payment is made on 05/04/2013 amounting to Rs. 85,000/- than TDS has to be deducted on 85,000/- on 05/04/2013 and to be paid either on same day or next day. Though the due date of payment is 7th of next month but that is not to be considered as due date, it is just grace days provided by department for the convenience of the assessee. Hence as soon as you deduct TDS it has to be paid. Even if we pay the TDS on 7th,the challan would get process with 24-48 hours as per banking terms. Hence as per Income tax department the date would not be considered as 7th but it would 8th or 9th as per the bank processing. Hence late payment interest would be charged for 2 months i.e. from date of deduction to date of payment.

If TDS is paid after 7th, Interest is charged at 1.5% p.m. (18% p.a.) from date of deduction till date of payment.

For e.g. if TDS is deducted on 15th April and paid on 9th May than interest would be calculated for 2 months i.e. April and May. Hence, it is advisable to pay TDS on date of deduction itself rather than waiting for 7th of next month for payment.

It is from now compulsory to pay online TDS for all assessee whose payment exceeds Rs. 1,00,000/- for the whole year. Hence if the assessee does not have online payment facility kindly get the same.

Even if PAN is incorrect, TDS @ 20% needs to be deducted. Hence, always take PAN copy of the party and file return.

Now, only 2 digits and 2 letters of PAN are allowed to be changed in revised return which would cause more difficulties as if whole PAN is in correct it would be difficult to change the same. Hence from now it is advisable that PAN copies is taken from all clients and then send all details.

GUIDELINES- REQUEST FOR REFUND

It is mandatory to register digital signature on TRACES to submit the refund request.

Request for refund can be submitted only if there is no outstanding demand against the TAN. Refund request can be submitted after total outstanding demand is closed.

A refund request can contain maximum of five challans. For claiming more challans, submit new request. Maximum refund amount will be the minimum challan balance amount in the challan history.

Available amount per challan must be greater than Rs.100/- Ensure that all statement in which the challan has been claimed have been processed before claiming refund for the challan.

The article resources from the CACLUBINDIA

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Major Steps concerned In Registration of Private Limited Company

1: Receiving DIN

DIN can be obtained by making an application online. All the obtainable and intending Directors have to get hold of DIN within the given time-frame as notified in Sections 266A to 266G of Companies (Amendment) Act, 2006.

2: receiving DSC

Digital Signature can be obtained from any of the Certifying Authorities in India. It is mandatory as all the filings done by the companies under MCA21 e-Governance programmed are need to be filed online with the use of Digital Signatures by the person authorized to sign the papers.

3: Name Filing

After finalization of name, an application of name availability has to be filed in form 1. Please note that selection of name is subject to Guidelines issued by MCA.

4: Drafting Of MOA & AOA

MOA is a document that sets out the constitution of the company. It contains the main objectives, supplementary/ subsidiary objectives for the achievement of the main objectives, other objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.

AOA contains the rules and policy of the company for the management of its internal affairs. It states the authorized share capital of the planned company and the names of its first/ permanent directors.

NOTE: While the memo specifies the objectives and purposes for which the Company has been created, the Articles lay down the rules and policy for achieving those objectives and purposes.

5: Filing Of Form 1, 18 & 32

Form 1 – It is an application or statement for incorporation of a company along with MOA & AOA.

Form 18 – It is an application to be filed by one of the directors of the company informing the ROC the registered office of the planned company.

Form 32 – It is an application stating the fact of engagement of the planned directors on the board of directors from the date of incorporation of the planned company and is signed by one of the planned directors.

6: Receiving Certificate of Incorporation

The ROC will issue Certificate of Incorporation after careful review of papers submitted in the above stated steps. Section 34(1) cast an compulsion on the ROC to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents. A Private Limited Company can start its business instantly on receiving the Certificate of Incorporation.

First Edge eFinancial Services are providing services in year 2009, and in a short extent of 2.5 years, it skilled more than 200 incorporations including all forms like Private Limited Companies, LLPs, Societies, Trusts etc.

RBI may put cap on NPAs at 5% of Advances

PSU banks with over 5% bad loans may have to sell their loans to asset restructuring companies (ARCs) in future. The Reserve Bank of India (RBI) and the ministry of finance are considering the option of putting a cap at the maximum amount of bad loans that a bank can have on its books.

The finance ministry as well as the central bank are appalled at the rising level of bad debts of the PSU banks. According to latest figures, the 26 PSU banks of the country have clost to 5% NPAs on their books. If the amount of restructured loan is also tamkn into account, then the figure touches 10%.

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