G Aakash & Associates

G Aakash & Associates  Incorporation and Conversions of Companies, Firms, Limited Liability Partnerships.

 Registration under various Acts.

22/04/2019

Discussion Outcome held today at NIRC on FORM INC-22A:

1) Hope for extension/ Advisory

2) In case GNL 2 relief will given to those who filed GNL 2 Form In-between 1 April, 2014 to 20th October 2014.
Thearafter filed GNL 2 will not consider and they have to file immediate effect, No Wait for MCA CLARFICATION. you have to file ADT 1 WITH ADDITIONAL FEE.

3) IN case STK-2 filing if company status showing Active , please file INC22A FORM.
IN case liquidation/amalgamation INC22A need not required to file.

4) Govt Cos under section 139/139(5) if ADT 1 not filed, need to intimation ROC and file ADT 1 WITH ADDITIONAL FEE, There is no exemption for Govt Companies.

5) No updation through ACTIVE Form ( like details of Company ) However the Email I'd of the only information that can be edited while filing the form

6) LLP or Foreign Company having Branch office(In India) is not required to file ACTIVE Form.

7) it is advisible to creat a separate email I'd of the company.

8) Two pics: one out side of permise and another inside of permise of the Reg. Office.

9) One time Compliance for all Companies incorporated on or before 31st December 2017.

10) for the purpose of Address of Reg. Office follow the provision of Section 12 of Companies Act 2013.

11) All STP FORM (Inculding ACTIVE FORM) If filled wrongly , Go to conern Roc make application "mark as defective form", If conern ROC agree...will make that form defective..then file a NEW FORM.

12) if Shifting of Reg. office in WIP AND R.D. Approval awaited and company status showing Active then we have to file ACTIVE FORM.

13/04/2019

MCA UPDATE DATED 13.04.2019

As per rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, “every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit e-form DIR-3 KYC on or before 5th October,2018.” However, the DIR-3 KYC e-form presently available on the portal does not cater for the following:

(i) Filing on annual basis, and
(ii) Filing in respect of DINs allotted post 31 March 2018. It presently caters only to those individuals who were allotted DINs as on 31st March 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’.

Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.

With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.

The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment. Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements.

MCA Update...
12/04/2019

MCA Update...

22/02/2019

MCA UPDATE dated 21.02.2019

E-FORM ACTIVE (ACTIVE COMPANY TAGGING IDENTITIES AND VERIFICATION) (INC-22A) ON OR BEFORE 25.O4.2O19

FREQUENTLY ASKED QUESTIONS

1. WHICH COMPANY HAS TO FILE E-FORM ACTIVE (ACTIVE COMPANY TAGGING IDENTITIES AND VERIFICATION) (INC-22A)?

Every company incorporated on or before the 31st December, 2017 shall file the particulars of the Company and its registered office in E-Form ACTIVE (Active Company Tagging Identities and Verification)

2. WHAT IS THE LAST DATE FOR FILING THE SAID FORM?

The last date for filing the E-Form is April 25, 2019.

3. WHICH COMPANY IS EXEMPTED FOR FILING THE SAID FORM?

a. Companies which have been struck off;
b. Company under process of striking off;
c. Company under liquidation;
d. amalgamated or dissolved;

4. WHICH COMPANY IS NOT ABLE TO FILE THE SAID FORM?

Any company which has not filed its due financial statements under section 137 (AOC-4) or due annual returns under section 92 (MGT-7) or both with the Registrar shall be restricted from filing e-Form ACTIVE, unless such company is under management Dispute and the Registrar has recorded the same on the Registrar.

5. HOW MUCH PENALTY OR ADDITIONAL FEES CHARGED BY THE MINISTRY OF CORPORATE AFFAIRS AFTER THE DUE DATE OF FILING?

Where a company files “E Form ACTIVE”, on or after 26th April, 2O19, the company shall be marked as "ACTIVE Compliant", on payment of fee of Rs, 10,000/-

6. WHAT IS THE LIST OF DOCUMENTS MANDATORY TO ATTACH IN FORM (INC-22A)?

Photograph of the registered office address showing the Inside and Outside Building with the Photo of Director who is affixing the Signature on the said Form.

7. WHAT IS THE DETAILS MANDATORY TO FILL IN THE INC-22A FORM?

a. Number of the Directors as on the date of filing;
b. Email id of the Company;
c. Details of Statutory Auditor;
d. Details of the Cost Auditor, if applicable;
e. Details include DIN, Name and Designation of CEO, Manager AND Whole-Time Director;
f. Details include PAN, Name and Membership Number of Company Secretary, if applicable;
g. Details of CFO, if Applicable;
h. SRN of AOC-4/AOC-4 XBRL/MGT-7 for FY 2017-2018;

NOTE: OTP will be send on active Email ID of the Company;
Before filing the form kindly make sure that the DIN of the Directors are Active and are not disqualified and deactivated due to non-filing of DIR-3-KYC.

8. WHO WILL CERTIFY THE FORM?

The form shall be certified by the following persons:

a. In case of OPC: One Director
b. In case of Other Companies: Two Directors or One Director and KMP
And
c. By CA/CS/CMA in Practice.

9. WHAT IS THE EFFECT IF THE ELIGIBLE COMPANY DID NOT FILE THE E-FORM ACTIVE (ACTIVE COMPANY TAGGING IDENTITIES AND VERIFICATION)?

The Company will not be able to file the Forms which are as follows:

a. E-Form SH-7 (Change in Authorized Share Capital)
b. E-Form PAS-03 (Change in Paid-up Capital)
c. E-Form DIR- 12 (Changes in Director except cessation)
d. E-Form INC-22 (Change in Registered Office)
e. E-Form INC-28 (Amalgamation/ De-Merger)
Note: Such companies marked as “ACTIVE non-compliant” unless the “E-Form ACTIVE” is filed.

MCA Update..
02/02/2019

MCA Update..

01/02/2019

Mandatory Filing of Details of Loan with ROC in brief with some important FAQ’s in relation to DPT-3 with reference to Companies (Acceptance of Deposits) Amendment Rules, 2019 notified by MCA on 22.01.2019.

By Companies (Acceptance of Deposits) Amendment Rules, 2019 : Every Company other than Government Company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in term of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the official Gazette (i.e. 22nd January, 2019) in e-form DPT-3 within 90 days from the date of publication.”.

1. Whether every company needs to file e-form DPT-3 as per rule 16A.

All the Companies (Whether, Small, Non Small, Private, Public, OPC, etc.) required to file DPT-3 after publication of these rules.

2. What is due date for filing of e-form DPT-3 in Rule 16A?

Due date of Filing of e-form DPT-3 in rule 16A is 22nd April, 2019. Because form required to file within 90 days of publication of these rules. (22nd January, 2019 + 90 days)

3. Whether DPT-3 required filing for Secured or Unsecured Loan or Both?

Yes, DPT-3 required for filing for both secured and unsecured Loan.

4. Whether DPT-3 required for ECB received by Company?

As per rule 16A DPT-3 required to file for each and every loan received by Company. Therefore, one can opine that if Company has received ECB in such case Company have to mandatorily file e-form DPT-3.

5. Outstanding Loan and outstanding receipt of money in relation to which period required to be report under this rule.

Outstanding receipt of Money and Loan from 1st April, 2014 to 22nd January, 2019 (i.e. date of publication of notice) is required to report in e-form DPT-3..

6. If Company received loan from Holding Company or Subsidiary Company or Associate Company. Whether company need to file DPT-3.

As per rule 16A DPT-3 required to file for each and every loan received by Company. Therefore, Company required to file e-form DPT-3 even for loan received from H,S and Associate.

7. If a company not having any outstanding loan or outstanding receipt of money as on 22.01.2019 (i.e. date of publication of rules). Whether company need to file e-form DPT-3.

As per rule 16A DPT-3 Every Company other than Government Company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits.

Therefore, one can opine that in the above mentioned situation there is no need to file e-form DPT-3.

8. If some outstanding receipt of money or loan had become due before 01st April, 2014, still continuing and outstanding in record of Company. Whether such outstanding loan or receipt required to report in DPT-3.

As per rule 16A DPT-3 required to file for each and every loan received by Company outstanding as on date of publication of these rules (22.01.2019).

Therefore, one can opine that such outstanding loan is required to report to ROC in e-form DPT-3.

9. If Company received loan after 01st April, 2014 but such loan is not outstanding as on 22.01.2019 (date of rules). Whether company need to report such loan in DPT-3.

As per language of Rule 16A, company has to report outstanding Loan and outstanding receipt of money to Roc in DPT-3. If Company has already paid Loan and such loan is not outstanding in record of Company. There is no need to inform such loan to ROC.

10. If company doesn’t accept loan or doesn’t having any outstanding Loan. Whether need to file DPT-3,

If there is no outstanding Loan or company doesn’t accept any loan there is no need to file e-form DPT-3 with ROC.

Regards
CS Aakash Goel
G Aakash & Associates
[email protected]

01/02/2019

Overview of Budget 2019

Areas from Taxation point of view:

1. Within 2 years, Tax assessment will be done electronically
2. IT returns processing in just 24 hours
3. Minimum 14% revenue of GST to states by Central Govt.
4. Custom duty has abolished from 36 Capital Goods
5. Recommendations to GST council for reducing GST rates for home buyers
6. *Full Tax rebate upto 5 lakh annual income after all deductions.*
7. Standard deduction has increase from 40000 to 50000
8. Exempt on tax on second self-occupied house
9. Ceiling Limit of TDS u/s 194A has increased from 10000 to 40000
10. Ceiling Limit of TDS u/s 194I has increased from 180000 to 240000
11. Capital tax Benefit u/s 54 has increased from investment in one residential house to two residential houses.
12. Benefit u/s 80IB has increased to one more year i.e. 2020
13. Benefit has given to unsold inventory has increased to one year to two years.

Areas other than Taxation point of view:

14. State share has increased to 42%
15. PCA restriction has abolished from 3 major banks
16. 2 lakhs seats will increase for the reservation of 10%
17. 60000 crores for manrega
18. 1.7 Lakh crore to ensure food for all
19. 22nd AIIMS has to be opened in Haryana
20. Approval has to be given to PM Kisan Yojana
21. Rs. 6000 per annum has to be given to every farmer having upto 2 hectare land. Applicable from Sept 2018. Amount will be transferred in 3 installments
22. National kamdhenu ayog for cows. Rs. 750 crores for National Gokul Mission
23. 2% interest subvention for farmers pursuing animal husbandry and also create separate department for fisheries.
24. 2% interest subvention for farmers affected by natural calamities and additional 3% interest subvention for timely payment.
25. Tax free Gratuity limit increase to 20 Lakhs from 10 Lakhs
26. Bonus will be applicable for workers earning 21000 monthly
27. The scheme, called Pradhan Mantri Shram Yogi Mandhan, will provide assured monthly pension of Rs. 3,000 with contribution of Rs. 100 per month for workers in unorganized sector after 60 years of age.
28. Our government delivered 6 crores free LPG connections under Ujjawala scheme
29. 2% interest relief for MSME GST registered person
30. 26 weeks of Maternity Leaves to empower the women
31. More than 3 Lakhs crores for defence
32. One lakh digital villages in next 5 years
33. Single window for approval of India film makers

Address

1878, H. B. C. , Sector/13, 17
Panipat
132103

Opening Hours

Monday 10am - 7pm
Tuesday 10am - 7pm
Wednesday 10am - 7pm
Thursday 10am - 7pm
Friday 10am - 7pm
Saturday 10am - 7pm
Sunday 10am - 7pm

Telephone

9991264017

Website

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