Compliance calendar for the month of May 2019

This article contains various Compliance requirements under Statutory Laws. Compliance means 'adhering to rules and regulations.'

Compliances 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 LLP ACT, 2008
4.Compliance Requirement Under SEBI (Listing Obligations And Disclosure Requirements) (LODR) Regulations, 2015
5. Compliance Requirement For Companies Act, 2013

1. Compliance requirement under Income Tax act, 1961

Applicable Laws/Acts

Due Dates

Compliance Particulars

Forms/ (Filing mode)

Income Tax Act, 1961

07.05.2019

Due date for deposit of Tax deducted/collected for the month of April, 2019.

However, all sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan

TDS & TCS

Income Tax Act, 1961

15.05.2019

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

TDS Certificate u/s 194-IA

Income Tax Act, 1961

15.05.2019

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

TDS Certificate u/s 194-IB

Income Tax Act, 1961

15.05.2019

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

Form 24G

Income Tax Act, 1961

15.05.2019

Quarterly statement of TCS deposited for the quarter ending March 31, 2019

 

Income Tax Act, 1961

15.05.2019

Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of April, 2019

Form 3BB

Income Tax Act, 1961

30.05.2019

Submission of a statement (in Form No. 49C) by non-resident having a liaison office in India for the financial year 2018-19

Form No. 49C

Income Tax Act, 1961

30.05.2019

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

challan-cum-statement u/s 194-IA

Income Tax Act, 1961

30.05.2019

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

challan-cum-statement u/s 194-IB

Income Tax Act, 1961

31.05.2019

Quarterly statement of TDS deposited for the quarter ending March 31, 2019

 

Income Tax Act, 1961

31.05.2019

Return of tax deduction from contributions paid by the trustees of an approved superannuation fund

 

Income Tax Act, 1961

31.05.2019

Due date for furnishing of statement of financial transaction (in Form No. 61A) as required to be furnished under sub-section (1) of section 285BA of the Act respect of a financial year 2018-19.

Form No. 61A

Income Tax Act, 1961

31.05.2019

Due date for e-filing of annual statement of reportable accounts as required to be furnished under section 285BA(1)(k) (in Form No. 61B) for calendar year 2018 by reporting financial institutions.

Form No. 61B

Income Tax Act, 1961

31.05.2019

Application for allotment of PAN in case of non-individual resident person, which enters into a financial transaction of Rs. 2,50,000 or more during FY 2018-19 and hasn't been allotted any PAN.

 

Income Tax Act, 1961

31.05.2019

Application for allotment of PAN in case of person being managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the person referred to in Rule 114(3)(v) or any person competent to act on behalf of the person referred to in Rule 114(3)(v) and who hasn't allotted any PAN.

 

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

Applicable Laws/Acts

Due Dates

Compliance Particulars

Forms/ (Filing mode)

GST, Act, 2017

10.05.2019

Form GSTR-7 for the month of April, 2019 (TDS Deductor)

GSTR-7

GST, Act, 2017

10.05.2019

TCS Collector (for the month of April, 2019)

GSTR - 8

GST, Act, 2017

11.05.2019

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

GSTR – 1

GST, Act, 2017

13.05.2019

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

GSTR - 6

GST, Act, 2017

Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.

Payment of self-assessed tax

PMT-08

GST, Act, 2017

20.05.2019

Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively.

(for the month of March, 2019)

GSTR-5 &

GSTR - 5A

GST, Act, 2017

20.05.2019

Simple GSTR return for the month of April, 2019

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)

15.05.2019

PF Payment for April, 2019

ECR

ESIC

(Employees' State Insurance Act, 1948)

15.05.2019

ESIC Payment for April, 2019

ESI Challan

Compliance under LLP Act, 2008

Filing LLP Annual Return

Annual Return or Form 11 is a summary of an LLP's Partners and indication of change in the management.

Every LLP is required to file Annual Return in Form 11 to the Registrar within 60 days of closer of financial year i.e. has to be filed on or before 30th May every year.

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

Annual Compliances

Sl. No.

Regulation No.

Compliance Particular

Compliance Period (Due Date)

1

Regulation 14

Listing fees & other Charges

Payment manner as specified by the Board of by Recognized Stock Exchange.

2

Regulation 34* (shall be amended w.e.f. April 2019)

Annual Report

Within 21 working days from the AGM Date

Event based Compliances

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 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.

8

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)

SEBI (Prohibition of Insider Trading) Regulations, 2015

Sl. No.

Regulation No.

Compliance Particular

Compliance Period (Due Date)

1

Regulation 7(2)

'Continual Disclosures'

Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified.

Every company shall notify;

within two trading days of receipt of the disclosure or from becoming aware of such information

SEBI Takeover Regulations 2011

Disclosure of Acquisition and Disposal

Sl. No.

Regulation No.

Compliance Particular

Compliance Period (Due Date)

1

Regulation 29(1)

Any acquirer who acquires shares or voting rights in a target company which taken together with shares or voting rights, if any, held by him and by persons acting in concert with him in such target company, aggregating to five per cent (5%) or more of the shares of such target company, shall disclose their aggregate shareholding and voting rights in such target company in such form as may be specified

Reg. 29(3):

The disclosures required under Reg. 29 (1) and Reg. 29 (2) shall be made within two working days of the receipt of intimation of allotment of shares, or the acquisition of shares or voting rights in the target company to,—

i) every stock exchange where the shares of the target company are listed; and

ii) the target company at its registered office.

2

Regulation 29(2)

Any acquirer, who together with persons acting in concert with him, holds shares or voting rights entitling them to five per cent(5%) or more of the shares or voting rights in a target company, shall disclose every acquisition or disposal of shares of such target company representing two per cent(2%) or more of the shares or voting rights in such target company in such form as may be specified.

5. 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.

http://www.mca.gov.in/Ministry/pdf/CompaniesFourthAmendmentRules_19122018.pdf

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 :

http://www.mca.gov.in/Ministry/pdf/MSMESpecifiedCompanies_22012019.pdf

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

On or before 8th of May, 2019

(i.e. within 90 days from the date of notification)

A person having Significant beneficial owner shall file a declaration to the reporting company

http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf

Form BEN-1

Companies Act, 2013

Within 30 Days

Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018.

(Within 30 days from the date of receipt of declaration in BEN-1)

http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf

Form BEN – 2

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

Companies Act, 2013

On or before 15.06.2019

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 :

http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationOfficesFeesRule_25042019.pdf

Active Form

INC -22A

Companies Act, 2013

Within 30 Days from the date of deployment of revised e-form

Every Person holding DIN as on 31.03.2019 (including Directors having disqualified DIN)

Penalty after due date is Rs. 5000/-

E-Form DIR – 3 KYC

Note:

Form DPT-3

Due date: 30 Days from the Date of Availability of Form

http://s3-ap-southeast-1.amazonaws.com/eminds-clr1/uploads/2019/04/12184708/CircularDPT-3Form_12042019.pdf

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

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.

MCA Announcements: April 2019

1. Stakeholders are requested to please note that Filing of affidavits (from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief) as per Section 7(1)(c ) of the Companies Act, 2013 read with rule 15 of the Companies (Incorporation) Third Amendment Rules has been dispensed with vide the Companies (Amendment) Act,2017- from 27th July 2018. Only declaration by first subscriber(s) and director(s) in INC-9 is mandatory and affidavit is NOT required to be filed. Stakeholders may kindly note the above provisions while filing SPICe forms for incorporation of Companies.

2. Advisory on Charge related e-Forms dated 25.04.2019

http://www.mca.gov.in/Ministry/pdf/AdvisoryChargeRelatedeForms_25042019.pdf

3. Manufacturing & Allied Activities Were Restricted In LLPs Vide OM No. CRC/LLP/E-Forms Dated 06.03.2019. This OM Invoking The Restriction Regarding Manufacturing & Allied Activities Has Been Withdrawn With Immediate Effect.

4. Ministry has clarified that DIN KYC through MCA E-form DIR-3 KYC is an Annual Exercise, however the e-form presently is not designed in such manner and thus the due date for filing the e-form would be 30 days from the date of deployment of revised E-Form.

Clarification Letter link:
http://s3-ap-southeast-1.amazonaws.com/eminds-clr1/uploads/2019/04/12184708/CircularDPT-3Form_12042019.pdf

5. Deadline extended For E-Form DPT-3 (MCA circular dated 12.04.2019)

a) Additional fee, as provided under the Companies (Registration Offices and Fees) Rules, 2014, shall be levied after 30 days from the date of deployment of the DPT- 3 form on MCA 21 portal

b) Data on deposits should be filed upto 31st March, 2019 (as opposed to 22nd January, 2019 which was originally indicated in the said Rule).

Circular link:
http://www.mca.gov.in/Ministry/pdf/CircularDPT-3Form_12042019.pdf

6. Relaxation of additional fees and extension of last date of filing e-form CRA-2 (Form of intimation of appointment of cost auditor by the company to Central Government) in certain cases under the Companies Act 2013

Last date for filing of e-form CRA-2 without payment of additional fees extended upto 31.05.2019

Circular link:
http://www.mca.gov.in/Ministry/pdf/GeneralCircular042019_05042019.pdf

This article is updated till 29th April, 2019 with all Laws / Regulations and their respective amendments. nbsp;

 

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