GST Suvidha Kendra | Compliance Calendar for the Month of May 2019
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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, 196107.05.2019The 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, 196115.05.2019The due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of March 2019TDS Certificate u/s 194-IA
Income Tax Act, 196115.05.2019The due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of March 2019TDS Certificate u/s 194-IB
Income Tax Act, 196115.05.2019The 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 challanForm 24G
Income Tax Act, 196115.05.2019Quarterly statement of TCS deposited for the quarter ending March 31, 2019
Income Tax Act, 196115.05.2019The 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 2019Form 3BB
Income Tax Act, 196130.05.2019Submission of a statement (in Form No. 49C) by non-resident having a liaison office in India for the financial year 2018-19Form No. 49C
Income Tax Act, 196130.05.2019The due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of April 2019challan-cum-statement u/s 194-IA
Income Tax Act, 196130.05.2019The due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of April 2019challan-cum-statement u/s 194-IB
Income Tax Act, 196131.05.2019Quarterly statement of TDS deposited for the quarter ending March 31, 2019
Income Tax Act, 196131.05.2019Return of tax deduction from contributions paid by the trustees of an approved superannuation fund
Income Tax Act, 196131.05.2019The 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 the financial year 2018-19.Form No. 61A
Income Tax Act, 196131.05.2019The 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 the calendar year 2018 by reporting financial institutions.Form No. 61B
Income Tax Act, 196131.05.2019Application for allotment of PAN in case of the 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, 196131.05.2019Application 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 DatesCompliance Particulars

Forms/(Filing mode)

GST, Act, 201710.05.2019Form GSTR-7 for the month of April 2019 (TDS Deductor)GSTR-7
GST, Act, 201710.05.2019TCS Collector (for the month of April 2019)GSTR – 8
GST, Act, 201711.05.2019Return of outward supplies of taxable goods and/or services for the Month of April 2019 (for Assesses having a turnover exceeding 1.5 Cr.) Monthly Return.GSTR – 1
GST, Act, 201713.05.2019The due date for Furnishing return of April 2019 by Input Service Distributors (ISD)GSTR – 6
GST, Act, 2017Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains.Payment of self-assessed taxPMT-08
GST, Act, 201720.05.2019Summary 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, 201720.05.2019Simple GSTR return for the month of April 2019GSTR – 3B

 

3. Compliance under Other Statutory Laws

 

Applicable Laws/Acts

Due DatesCompliance Particulars

Forms / (Filing mode)

EPF

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

15.05.2019PF Payment for April 2019ECR
ESIC

(Employees’ State Insurance Act, 1948)

15.05.2019ESIC Payment for April 2019ESI 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)

1Regulation 14Listing fees & other ChargesPayment manner as specified by the Board of by Recognized Stock Exchange.
2Regulation 34* (shall be amended w.e.f. April 2019)Annual ReportWithin 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 DirectorsThe 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 committeeThe audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.
4.Regulation 29Notice for Board Meeting to consider the prescribed matters.The Company shall give advance notice of:

a) at least 5 days for Financial Result as per Regulation 29 1 (a)

b) in case of 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).

5Regulation 30The outcome of Board Meeting (Schedule III Part A- (4)within 30 minutes of the closure of the meeting
6.Regulation 31The holding of specified securities and shareholding patternReg. 31(1)(a): 1 day prior to the 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.

7Regulation 46Company Website:

The 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.

8Regulation 33Financial 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 the end of Financial Year)

 

SEBI (Prohibition of Insider Trading) Regulations, 2015

 

Sl. No.

Regulation No.Compliance Particular

Compliance Period (Due Date)

1Regulation 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)

1Regulation 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 specifiedReg. 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.

2Regulation 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, 2013Within 180 Days From The Date Of Incorporation Of The CompanyAs 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, 201330 Days From The Date Of Deployment of E-Form on MCA PortalEvery 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, 2013within 30 days of the form being made available by the MCAAll 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, 2013On 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, 2013Within 30 DaysFiling 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, 2013On or before 15.06.2019Filing 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, 2013Within 30 Days from the date of deployment of revised e-formEvery Person holding DIN as on 31.03.2019 (including Directors having disqualified DIN)

Penalty after the 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

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. The only declaration by the 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 the 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) An 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 up to 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 the 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

The last date for filing of e-form CRA-2 without payment of additional fees extended up to 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.

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