Thursday, 9 April 2020

9 April 2020 News and Updates

9th April 2K20

Economic Times

Ø  Govt defers updation of base year for CPI-IW
Ø  Goldman pegs India's growth at 1.6 per cent in FY21
Ø  Govt extends term of Banks Board Bureau members
Ø  Govt to soon issue guidelines for real estate sector
Ø  FinMin allows states to borrow Rs 3.20 L cr from market
Ø  Irdai permits insurers to grant moratorium on term loans
Ø  Virus may push 400 mn Indians into poverty
Ø  Global gold ETFs post record asset growth in Q1

Business Standard

Ø  India Inc seeks Rs 2 trillion in govt relief as lockdown hits businesses
Ø  Coal India arm SECL takes slew of measures to deal with coronavirus
Ø  RIL's net debt might not rise in 2020-21 despite coronavirus, says report
Ø  Panic buying amid coronavirus lockdown helped pharma market grow 9%
Ø  Non-Life insurers' underwriting losses rise on higher claims, competition

Business Line

Ø  Traders propose extension of lockdown till April 30
Ø  Govt caps expenditure for Ministries, Departments
Ø  I-T refunds up to ₹5 lakh to be released immediately
Ø  JNPT to issue essential service duty pass to EXIM trade members
Ø  Essar Ports cargo handling jumps over 23 per cent to 49.22 MT in 2019-20
Ø  L&T Hydrocarbon Engineering bags project from Indian Oil Corporation

Mint

Ø  Corporate affairs ministry eases compliances for passing special resolutions
Ø  Finance ministry says due to lockdown govt’s cash position may be stressed in Q1
Ø  India to buy Middle East crude oil for its strategic reserves
Ø  Covid-19: WTO sees 'ugly' trade plunge, likely worse than financial crisis
Ø  World economy faces $5 trillion hit that is like losing Japan

Financial Express

Ø  Global trade will plunge by up to a third in 2020 amid pandemic: WTO
Ø  Economists pitch for Rs 3 lakh crore additional package to tide over COVID-19 crisis
Ø  DoT relaxes time for self certification under mobile tower radiation norms
Ø  Fiscal stimulus through the GST system

Deccan Chronicle

Ø  Virus-hit Iran urges IMF to approve $5bn loan
Ø  Sensex ends 173 pts lower, Nifty below 8,800; IT, bank stocks slip
Ø  400 million Indian workers may sink into poverty due to covid19: UN
Ø  Maruti Suzuki India cuts production by 32 percent in March
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👉  The NCLT has stated that Memo will be a user-friendly document which will help in arriving at decisions quickly, and avoid filing of reply and rejoinder.

The Applicants shall state facts in five to ten lines, as well as the reliefs, and serve the same upon the Opposite Party along with its application.

The Opposite Party, in turn, shall brief their defence in five to ten lines and serve the same upon the Applicants within 24 to 48 hours.

Upon exchange of brief facts, both the parties shall jointly draft the points for determination by NCLT.

- Based on the points for determination, both the parties shall separately set out reasons in support of their respective stands in two to three lines on each of the points for determination.

- Relevant Material Papers, if any, for determination of the points from either side, shall be annexed with the Joint Memo of Written Submissions which shall capsule all the above steps in two to three pages.

- After being signed by both the parties, this Joint Memo shall be filed one day before the date of hearing or at least six hours before hearing.

- If the opposite party does not appear even after service is affected upon him/them, the Applicant shall place brief facts, reliefs, relevant material papers and reasons for seeking reliefs in the form of this Memo one day before or six hours before the hearing date.

It is also clarified that in the event situation demands grant of ad-interim relief by NCLT even before filing this Memo, non-filing of this Memo will not become hindrance to NCLT in granting such relief.

👉 New Delhi, Apr 7 (PTI) Describing the IL&FS matter as a "watershed moment", Corporate Affairs Secretary Injeti Srinivas has said it was a blessing in disguise that forced the government to take the bull by its horns and address the difficult issue of corporate governance. Nearly two years after the IL&FS problems surfaced in late 2018, the resolution process is in progress and is expected to be completed this year.

Soon after the fiasco came into light, the corporate affairs ministry superseded IL&FS board, initiated probe into some group entities and various entities, including independent directors, came under the regulatory scanner. It also had an adverse impact on non-banking financial companies (NBFC) sector and triggered liquidity concerns. When asked about the spillover effects of IL&FS fiasco on NBFCs and overall corporate governance, Srinivas the matter exposed cracks in the edifice of corporate governance in the country. "I think IL&FS was a watershed moment... A highly acclaimed group such as IL&FS, which was considered to be the gold standard, turned out to be badly mismanaged and misgoverned. "In a way, it was a blessing in disguise because it forced us to take the bull by its horns and address the difficult issues of corporate governance," he told PTI. DHFL was among the entities in the NBFC space that faced problems in the wake of the crisis at IL&FS. According to Srinivas, who has a key role in spearheading the efforts to address issues arising out of the crisis, many believe that IL&FS caused DHFL crisis but it is equally true that IL&FS helped us to detect DHFL in a more timely manner. "It is not to say that all NBFCs are bad but those which grew recklessly by over-leveraging and had poor risk management, failed. Equally, we have to admit that post IL&FS, NBFC sector did face liquidity issues. "But those without asset-liability mismatch have been able to slowly recover. However, those NBFCs with serious asset quality issues are the ones that are facing the music," the secretary said. He noted that the maze of transactions between hundreds of subsidiaries within the IL&FS group created a veil that concealed the real picture and timely intervention of the government prevented value destruction. "Broadly, if you look at, against the Rs 94,000 crore external debt (around Rs 73,000 crore secured and Rs 21,000 crore unsecured), we expect substantial recovery. Far more than the average 43 per cent recovery we have had from the IBC (Insolvency and Bankruptcy Code) so far," he said. The NCLAT has approved the entire proposal of the government, which is in the "final stages of resolution". "We had hoped that bulk of the resolution would be over by August ''20. But now due to COVID-19, that is likely to be delayed by a few months.

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 👉🏻Income tax dept asks taxpayers to keep their e-filing account safe
(Income tax department has asked taxpayers to be careful with their income tax e-filing account and report account misuse by any unauthorised person)
👇🏻 👇🏻 👇🏻
https://bit.ly/3e6C5dA

👉🏻Companies can hold EGMs through VC or OAVM - MCA
(MCA allows  companies to hold EGMs through VC or OAVM complemented with e-Voting facility/simplified voting through registered emails)
👇🏻 👇🏻 👇🏻
https://bit.ly/39TOMVP
 
👉🏻Impact and Economic Measures in India due to COVID-19
(Impact and Economic Measures in India due to COVID-19 discussed by CA. Anshu Budhia)
👇🏻 👇🏻 👇🏻
https://bit.ly/2yMzt4n

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👉  The National Company Law Tribunal (NCLT) on Tuesday urged all the litigants to file "Joint Memo" of written submissions, so as to avoid the lengthy process of filing replies and rejoinders and ensure rapid disposal.

The NCLT had restricted its functioning to hear only urgent matters via video conferencing amid the COVID-19 pandemic. It has now urged that in "surreal times" like these, the users of NCLT under Companies Act 2013 and Insolvency and Bankruptcy Code 2016, should cooperate with the Tribunal by filing joint memos, containing points for determination as mutually decided by the parties.

Such memo will have to be filed before the Tribunal one day before the date of hearing or at least six hours before the hearing.

However, situations that demand grant of ad-interim relief have been exempted from this requirement and it has been clarified that non filing of joint memo will not become a hindrance to NCLT in granting such ad-interim relief.

The Tribunal has notified the following steps to be undertaken for filing a joint memo:

"The Applicants shall brief facts (mention the supporting material papers while narrating facts) in five to ten lines and the reliefs thereto and serve the same upon the Opposite Party along with its application.

The Opposite Party, in turn, shall brief their defence (mention the supporting material papers while narrating facts) in five to ten lines and serve the same upon the Applicants within 24 to 48 hours.

Upon exchange of brief facts, both the parties shall jointly draft the points for determination by NCLT.

Based on the points for determination, both the parties shall separately set out reasons supporting their respective stands in two to three lines on each of the points for determination. The applicants shall first set out its reasons in bullet points, and then the Opposite Party shall set out its reasons in bullet points.


👉 COVID-19 has retarded the momentum of wheels of the Indian economy, the corporates. The All India Association of Industries had estimated a loss of Rs 2,00,000 crore ($26.35 bn) by March 31, 2020 due to pan India lockdown.

In order to prevent and absorb the effect of such huge losses and to respond to the dynamics of the business environment, which has been changing every second in the wake of the globally-spread WHO-declared pandemic, the central government seems to be responding in a structured manner by providing various sops, relaxation, extensions and amendments to the existing legal framework in the country.

Across the globe, it is observed that the corporates which were in the pink of financial conditions have witnessed a sharp decline due to COVID-19.

Supply chains are disrupted, valuation of the stocks on bourses have substantially decreased amidst global down selling, and the valuation of businesses have fallen steeply.

Amidst the nationwide lockdown on account of COVID-19, the acting president of the National Company Law Tribunal (NCLT) notified that all benches of the NCLT shall hear only inevitable urgent cases with prior notification on email from applicants.

Insofar as matters not construed as urgent, e.g. pertaining to the extension of time, approval of resolution plan and liquidation under IBC, the Insolvency Bankruptcy Board of India (IBBI) has, vide notification dated March 29, 2020, amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 granting certain relaxations.

Thanks for reading

Wednesday, 8 April 2020

08 April 2020 News and updates

8th April 2K20

Ø  Sebi opens doors for Mauritius based funds to get preferential Cat I FPI license
Ø  DHFL not to make any payment to lenders, bondholders
Ø  Covid throws a wrench into India's disinvestment plans
Ø  Covid can push informal sector workers into poverty
Ø  Govt may need Rs 5L cr more to support economy: Garg
Ø  UAE assures additional LPG supplies to meet demand
Ø  Roundup: India eases curbs on the drug Trump wants 

Ø  Covid-19 impact: Indian economy likely to grow 2% in FY21, says Icra
Ø  L&T wins 'large' contract from Indian Army for advanced IT-enabled network
Ø  Uttam Galva defaults on Rs 664-cr loan; ArcelorMittal, SBI among creditors
Ø  Total SA enters into a joint venture with Adani Green, invests Rs 3,707 cr
Ø  Tata Power Solar bags 300 MW plant project from NTPC worth Rs 1,730 cr

Ø  JSW Energy gets CCI nod to acquire GMR Kamalanga Energy
Ø  As crude prices plummet, India’s tanks are only half full
Ø  PE investments slump 39% YoY in Q1 of 2020: Report
Ø  Wipro to announce Q4 results on April 15
Ø  Suzlon Energy’s total debt at Rs 14,262 cr
Ø  Turbine maker Senvion to sell its Indian facility

Ø  WeWork sues SoftBank after $3-bn tender offer falls through
Ø  SBI cuts savings deposit rate to 2.75%, lowers MCLR by 35 bps
Ø  India biggest producer of 'game-changer' hydroxychloroquine drug
Ø  RBI widens states' overdraft facility

Ø  EU to agree coronavirus economic rescue package but not ‘coronabonds’
Ø  Commerce ministry creates online platform for issuance of ‘certificate of origin’ for exporters
Ø  Cairn asks govt to revisit oil taxation regime; says funding new exploration difficult

Ø  Sensex zooms 2,476 pts to reclaim 30K level; Nifty rallies 708 pts
Ø  India drops anti-dumping probe against chemical imported from Saudi Arabia
Ø  Railways asks cement firms to unload goods for supply of essentials
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👉🏻SIDBI to provide emergency working capital of up to Rs 1 crore to MSMEs
(SIDBI has said that it will provide emergency working capital of up to Rs. 1 Cr to MSMEs against their confirmed govt orders)
👇🏻 👇🏻 👇🏻
https://bit.ly/2RmfnUV

👉🏻Remuneration to Directors to attract GST - AAR
(Companies will have to pay GST on the remuneration they dole out to directors, the Authority for Advance Ruling (AAR) has said) 
👇🏻 👇🏻 👇🏻
https://bit.ly/3e3ETbl

👉🏻RBI asks banks to offer 3-month moratorium for all
(RBI has told banks and NBFCs that all borrowers should get 3 month moratorium and can opt-out if they choose) 
👇🏻 👇🏻 👇🏻
https://bit.ly/2xTjlxv
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Commissioner of customs has issued a public notice dated April 01,2020 regarding clearance of goods to SEZ- facilitation during lockdown period in view of outbreak of COVID-19.

DGFT department of Commerce, has issued a trade notice no. 60/2019-2020 dated March 31,2020 regarding extension of validity of Registration cum Membership Certificate (RCMC) beyond March 31, 2020.

Ministry of Corporate Affairs has issued Companies Fresh Start Scheme, 2020” and revised the “LLP Settlement Scheme, 2020 during the period starting from 1st April, 2020 and ending on 30th September, 2020.

Indian share markets are almost certain to get billions of dollars in foreign fund inflows, with the regulatory changes allowing for higher foreign portfolio investment limits in various companies. The only thing that remains uncertain, and depends on an X-factor, is whether it will happen with the impending revision in MSCI indices in May, or sometime later in the next revision.

ICAI members / leading Professionals and Academicians to be an  Examiner in ICAI for evaluation of Answer Books digitally, after qualifying computer based test. Apply on examinerspanel.icaiexam.icai.org

ICAI Extension of time period for commencement of Practical Training on or before 30th April 2020 to 31st May, 2020 for appearing in Final examination to be held in November, 2022. 



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MCA Update 08.04.2020

Clarification on passing of ordinary and special resolutions by companies under the Companies Act,2013 and rules made thereunder on account of the threat posed by Covid-19.

http://www.mca.gov.in/Ministry/pdf/Circular14_08042020.pdf
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All Pending Income Tax Refunds up to Rs 5 Lakh to Be Released Immediately; 14 Lakh Taxpayers to Benefit
http://dhunt.in/9bsRM?s=a&ss=wsp
Source : "News18" 

Thanks for reading

Tuesday, 7 April 2020

07 April 2020 News and Updates

Corporate Snippets on April 7

Ø Urjit Patel has a grim warning for India's financial sector

Ø Yes bank can't declare co NPA for unpaid loan: HC

Ø India's growth may slip below 3% in FY21: KPMG

Ø 'Metals & mining sector to be hit if lockdown persists'

Ø Petrol sales shrink 15.5%, diesel 24% in March

Ø Japan PM Abe announces $1 trillion stimulus package

Ø Govt. frees exports of all APIs and formulations

Ø Life insurers will not invoke 'force majeure' clause for Covid-19 claims

Ø NHAI constructs highest ever total of 3,979 km national highways in FY20

Ø Rupee payments allowed for exports to Bhutan under RBI guidelines: Expert

Ø Rajan calls Covid-19 'economic emergency', advises Govt. to invite experts

Ø Covid-19: SEBI curtails cut-off timings for mutual funds from 3 pm to 1 pm

Ø Rolls-Royce to ditch profit, delivery targets, suspend dividend: Report

Ø Labour Ministry orders Bengal jute mills to extend lockdown

Ø CII-Kerala calls for action plan to strengthen industry

Ø ‘Aviation sector’s expectation of govt bailout unrealistic’

Ø Drug regulator pulls up Bione for selling unlicensed home testing kits

Ø India Ratings gives `stable’ outlook to IndiGrid’s market-linked debentures

Ø Power Ministry warns discoms to pay bills on time, promises more funding

Ø WHO warns masks 'no silver bullet' for ending coronavirus pandemic

Ø Japan's Shinzo Abe unveils 'massive' coronavirus stimulus worth 20% of GDP

Ø Volkswagen loses 'damning' dieselgate UK class lawsuit

Ø COVID-19: IMF sees early signs of recovery in China

Ø Fitch downgrades Cairn India to ‘B+’ on lower oil prices

Ø Bacardi to produce 70,000 litres of hand sanitisers

Ø Post-lockdown FMCG industry ready to scale up production

Ø Insurers cannot decline covid19 death claim settlement

Ø Mukesh Ambani's net worth down to 17th on Global Rich List

Ø India's March gold imports hit 6.5 year low
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✅SEBI gives India Inc more time for Q4 filings – deadline is now 30 June

✅Applicability of Companies Auditor’s Report Order (CARO) deferred by a year to FY 2020-2021

✅No additional fees shall be charged for late filing during a moratorium period from 01 April to 30 September 2020

✅Additional six months given to newly incorporated companies for filing declaration
for commencement of business which is presently six months

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👉  NCLAT has said that the period of lockdown will be excluded from the 90-day deadline set for the completing the debt resolution process of IL&FS.

"The period of lockdown/shutdown ordered by the Central Government and the State Governments shall be excluded for the purpose of counting the period of 90 days as has been ordered by this Appellate Tribunal vide judgment dated 12th March, 2020," it said. Justice Bansi Lal Bhat, along with Justice Anant Bijay Singh and Ashok Kumar Mishra, Member (Technical) stated that as per the previous orders of appeals coming up for listing on April 14, the same will not be applicable now. Next date of hearing will be notified later, NCLAT said.

The issue on hand relates to the insolvency proceedings of IL&FS. On March 12, NCLAT rejected the objections raised by creditors over distribution of funds under the revised distribution framework. Justice S J Mukhopadhyaya rejected the opposition of creditors saying that the money invested in IL&FS by SBI, LIC, the ILFS Employees Welfare Trust and others be constituted as public money and hence the distribution framework under the Insolvency and Bankruptcy Code (IBC) should not be followed. In accordance, it set a time limit of 90 days for concluding the resolution process.

IL&FS has a total debt of ₹94,215 crore and resolution plans amounting to ₹40,000 crore have been approved for various group entities.

👉 New Delhi:The government has extended the tenure of acting President of National Company Law Tribunal BSV Prakash Kumar for another three months. The Ministry of Corporate Affairs (MCA) has informed the NCLT about the decision to extend the tenure to another three months or till the joining of new President, whichever is earlier.

"... it has been decided to extend the tenure of Shri BSV Prakash Kuamr as acting President for a period of another three months with effect from 5th April, 2020, or till joining of new President, or until further orders, whichever is earlier," the MCA said in an intimation issued to Registrar, NCLT.

"A notification for the same would be issued in due course."

Earlier, Kumar was appointed as acting President for a period of three months from January 5 after the retirement of Justice MM Kumar as the NCLT President.

This three months tenure was set to expire on April 5.

Presently hearing of all the NCLT benches across India is closed, following the lockdown declared by the government to contain Covid-19 pandemic.

The NCLT was set up under section 408 of the Companies Act, 2013 on June 1, 2016.

Besides a Principal Bench at New Delhi, it has fourteen other benches across India in cities, including Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Mumbai, Cuttack, Jaipur, Kochi, Amravati and Indore.
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👉🏻Suggestions are welcomed for better implementation of Vivad Se Vishwas scheme - CBDT
(Govt is open to suggestions from stakeholders for better implementation of the direct tax 'Vivad Se Vishwas' scheme, CBDT Chairman P C Mody said)
👇🏻 👇🏻 👇🏻
https://bit.ly/2V6dUmW

👉🏻32 FAQs on Companies Fresh Start Scheme, 2020
(MCA issued 32 FAQs on Companies Fresh Start Scheme, 2020, Hope all stakeholders will get answer of their query from the FAQs) 
👇🏻 👇🏻 👇🏻
https://bit.ly/2xbWMnA

👉🏻Whether an Auditor can file Tax Returns of the Company in which he is Auditor?
(Whether an Auditor can file Tax Returns of the Company in which he is Auditor discussed by CA. Vivek Khurana)
👇🏻 👇🏻 👇🏻
https://bit.ly/3bWGxtl
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Section 234E under Income Tax Act is not violative of Constitution of India. Qatalys Software Technologies Private Limited Vs Union of India (Madras High Court)

High Court of Gujarat gave an important ruling regarding detention of goods of the assessee in case of Vivan Steel (P.) Ltd. V. State of Gujarat [2020] 113 taxmann.com 346 (Gujarat) that Goods and vehicle to be released after paying tax and penalty. 

RBI  has allowed the foreign remittances from Non-Residents to PM-CARES Fund to fight against the COVID-19 pandemic. The RBI has directed Authorised Dealer Category – I (AD Cat – I) banks is invited to Paragraph 4 of the Master Direction – Opening and Maintenance of Rupee/Foreign currency Vostro Accounts of Non-Resident Exchange Houses dated January 01, 2016 (as amended from time to time), regarding permitted transactions under the Rupee Drawing Arrangement (RDA) channel.

Bombay High Court stayed the bail granted to former MD and CEO of Infrastructure Leasing and Financial Services (IL&FS) Financial Services Ltd (IFIN) Ramesh Bawa and former Vice Chairman Hari Sankaran, observing that they have been accused of offences punishable with more than 7 years, making them ineligible to be released on parole. Justice AK Menon noted that the said case does not fall under the category of "extremely urgent matter" which is what the Chief Justice of the High Court has mandated special benches to hear during this lockdown period.

Supreme Court has observed that the burden is on the person who alleges that the property is a joint property of an HUF to prove the same. Not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds coming out of this nucleus. 
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SME bodies urge Centre, state for immediate measures to fight looming slowdown:

READ MORE- https://www.gststation.in/sme-bodies-urge-centre-state-for-immediate-measures-to-fight-looming-slowdown/
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Mitra writes to FM Sitharaman on ‘disappointing’ release of funds under 15th FC:

READ MORE- https://www.gststation.in/mitra-writes-to-fm-sitharaman-on-disappointing-release-of-funds-under-15th-fc/
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👉  Bidders for taking over the troubled housing finance company, Dewan Housing Finance Corporation (DHFL), will have to wait longer to know the fate of their bids. The last date for the submission of bids for the company has since been extended till May 7, according to the Financial Express. The last date was April 16. The 21-day extension matches the 21-day lockdown announced by the government with to curb the spread of coronavirus. 

Incidentally, the Insolvency and Bankruptcy Board of India (IBBI) had already made an announcement that for there will be across the board amnesty for all cases involved and the 21 days of the lockdown will stand excluded from any deadline. There are number of days mandated under the IBC code where the insolvency resolution process is going on. The present extension of the last date for filing the bids for DHFL by 21 days is also part of this decision only.

The lenders to DHFL are prepared to sell the entire operations of the company to one buyer or to split the assets and sell in parts. The bids were also invited on those lines. 24 bids were received by the Committee of Creditors (CoC). After preliminary scrutiny, 22 of these 24 bids have been shortlisted. It is understood that 14 of these 22 are for taking over DHFL in its entirety. Some of the bidders for complete takeover included KKR India Financial Services, Welspun Group, Adani Group, Oaktree Capital, ARCIL Asset Reconstruction Company and Bain Capital. All of them have sent in their expressions of interest in acquiring the complete stake in DHFL. The case is with the National Company Law Tribunal, Mumbai branch.

👉 NEW DELHI: With multi-pronged strategies in place for IL&FS resolution, the government expects "substantial recovery" against the group's Rs 94,000 crore external debt and the recovered amount could be much more than the sum realised under the insolvency law so far.

Apart from the exercise of recasting the financial statements, an SFIO probe report regarding an IL&FS subsidiary is nearing completion and some matters are before the National Company Law Appellate Tribunal (NCLAT) and the Bombay High Court.

In late 2018, the problems at IL&FS came to light after some group companies defaulted on loan repayments resulting in concerns about overall impact on the financial system. The group's board was superseded by the corporate affairs ministry and various entities, including auditors and independent directors, came under the regulatory scanner for the alleged lapses.

While noting that the maze of transactions between hundreds of subsidiaries within the IL&FS group created a veil that concealed the real picture, Corporate Affairs Secretary Injeti Srinivas said timely intervention of the government prevented value destruction.

"Broadly, if you look at, against the Rs 94,000 crore external debt (around Rs 73,000 crore secured and Rs 21,000 crore unsecured), we expect substantial recovery. Far more than the average 43 per cent recovery we have had from the IBC (Insolvency and Bankruptcy Code) so far," Srinivas told PTI.

The NCLAT has approved the entire proposal of the government, which is in the "final stages of resolution".

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Taxpayers fear paying for GST ‘glitches’ through audits and litigation:

READ MORE-https://www.gststation.in/taxpayers-fear-paying-for-gst-glitches-through-audits-and-litigation/
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Release GST arrears to enable effective management of crisis: Amarinder:

READ MORE- https://www.gststation.in/release-gst-arrears-to-enable-effective-management-of-crisis-amarinder/

Thanks for reading

Monday, 6 April 2020

6 April 2020 News and Updates

Today’s News Headlines are 06.04.2020 !! Monday

1. Economic Times Top News Headlines

·         This week will decide India's course against the coronavirus

·         Strapped for cash, states send SOS to Centre

·         Can you make money in this market?

·         Covid Live: Bhopal's case count rises to 40

·         ‘Empowered Group’ meeting today for exit strategy

·         Despite outbreak, BS-VI sales cross 1 million

·         Startups seek liquidity lifeline to stay afloat

·         How Grofers is coping with surging demands

·         Delhi breathes 3rd week of clear air

·         Wall Street looks for light at the end of tunnel

·         After the virus: What world will we live in?

·         India ringfences drug that Trump badly wants

·         How big will be the impact of COVID on jobs?

·         US enters 'hardest, saddest' week in Covid crisis

·         There's shortage of protective gears: Rahul Gandhi

·         Millions of Indians respond to PM's appeal

·         Mid-tier IT braces for impact as clients suspend operations

·         Insurers keep a social distance from risky Covid covers

·         Last-mile financiers claim banks reluctant to pass on repayment relief

·         The Week That Was: Biyani stocks, Maruti, IndusInd plummet; Damani picks a new stock

·         What should be the action point for equity investors at this time?

·         DMart's Damani donates Rs 100 cr to PM's Covid-19 relief fund

·         UAE central bank cuts bank reserve requirements for demand deposits by 50%

·         Tweet Buster: Sanjay Bakshi’s tip for young investors & a thesis for HFCs

·         Seven of top 10 cos lose Rs 2.82 lakh crore in m-cap; TCS, HDFC Bank hammered

·         Virus spread, Opec meet & FII mood among 7 factors that will sway market in 3-day trading week


2. Business Standard Top News Headlines

·         Coronavirus impact: States can now borrow up to 50% of limit in April

·         Covid-19 relief: Staggered 180-day bad-loan breather on cards for banks

·         With no income and food, Dharavi gasps for air as Covid-19 cases increase

·         Covid-19: Gartner revokes job offers at IIMs; IITs too witness cancellation

·         Competitors join hands to tide over supply-chain challenges amid lockdown

·         Businesses likely to face challenges in preparing financial reports in FY21

·         Domestic steel price outlook bleak amid coronavirus pandemic disruption

·         Auto dealers fear heavy losses with BS-IV inventory stuck due to Covid-19

·         Coronavirus impact: Early funding of start-ups may hit a stumbling block

·         Covid-19: Tele-consultations pick up as patients avoid visiting hospitals

·         Hotel chains in India do their bit to fight coronavirus pandemic

·         Several may lose jobs amid coronavirus outbreak, says CEO Snap Poll

·         Nowhere to go, Covid air pocket leaves flyers with forced vouchers

·         What lessons has India Inc learnt as it prepares for life after lockdown

·         Air Deccan ceases operations, employees put on sabbatical without pay

·         9 pm 9 minutes: Power demand down by 32 Gw, grid remains unscathed

·         Coronavirus fear: Govt raises issue of layoffs, salary cuts with companies

·         Covid-19 cases doubling every 4.1 days due to Jamaat incident, says Govt

·         NITI Aayog seeks help from NGOs, UN, industry bodies in combating Covid-19

·         Climate Contagion: Once corona-crisis passes, economies could undo the meagre progress on climate action

·         After lockdown, 15 states lift 11% of total foodgrain package so far

·         Tackling corona vital, must deal with privacy issues too

·         Now streaming, more than ever: Netflix, Amazon, others need to up their game

·         HDFC Banks gets mandate to receive donation for PM Cares Fund

·         Covid-19 aftermath: A third of orders cancelled, grave crisis grips export hubs

·         Covid-19’s impact on Insurance: Demand for health and life plans set to spike

·         Fixed income: Falling interest rates? Ways to reduce re-investment risks

·         Coronavirus Latest Updates: COVID-19 India cases cross 3,500; Nizamuddin link detected in 15 deaths

·         PNB looks to tap market in Q3 of FY21; may raise capital via bond, FPO, rights issue

·         Dharmendra Pradhan speaks to US Energy Secretary on slump in fuel demand due to Covid-19

·         RBI will have to consider buying corporate bonds directly from market, says Dhawal Dalal


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GST Notifications released by CBIC against the announcements made in view of spread of Noval Corono Virus (Covid -19).

30/2020 CT dated 03.04.2020
Seeks to amend CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21  till  30.06.2020 and to  allow  cumulative application of condition in rule 36(4).

31/2020 CT dated 03.04.2020
Seeks to provide relief by conditional lowering of interest rate for tax  period,  of February, 2020 to April, 2020.

32/2020 CT dated 03.04.2020
Seeks  to provide relief  by conditional   waiver of late fee for delay in furnishing returns in FORM GSTR- 3B for tax periods of February. 2020 to April, 2020.

33/2020 CT dated 03.04.2020
Seek, to provide relief by conditional waiver of late fee   for  delay  in  furnishing  outward  statement in FORM    GSTR-1 for tax  periods  of February, 2020 to April, 2020.

34/2020 CT dated 03.04.2020
Seeks to extend due date of furnishing FORM  GST *CMP-08* for 'the  quarter  ending  March, 2020  till 07.07.2020 and filing FORM GSTR-4 for FY2020- 21 till  15.07.2020.

35/2020 CT dated 03.04.2020
Seek, to extend due date of Various compliance which fall during the period from ".20.03.2020   to 29.06.2020" till 30.061020  and to extend validity of e-way bills.

36/2020 CT dated 03.04.2020
Seeks  to  extend  due. date  for  furnishing FORM GSTR 3B for supply made  in the month of May, 2020.

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✅ CBIC issued 7 notifications and 1 circular dt. 03-04-2020 regarding relaxation in GST compliances and filing of GSTR-1 and GSTR-3B for the period (Feb 2020 to April 2020)

✅ Notification No.  30/2020– Central Tax dt. 03-04-2020 :  The condition to rule 36(4) shall apply cumulatively for the period February, March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months.

✅ Big amendment for E-way bill vide Notification No. 35/2020– Central Tax dt. 03-04-2020 - Where  an  e-way  bill  has  been  generated  under  rule  138  of  the  CGST Rules,  2017  and  its  period  of  validity  expires  during  the  period  20th  day  of  March,  2020  to  15th  day  of April,  2020,  the  validity  period  of  such  e-way  bill  shall  be  deemed  to  have  been  extended  till  the 30th  day  of  April, 2020. Notification shall come into force w.e.f 20th day of March, 2020.

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👉🏻SC quashes tax Reassessment Notice to NDTV vver money laundering case
(SC quashed a notice sent by the income tax dept to media company NDTV, which sought a re-assessment of the company’s income for FY 2006-2007)
👇🏻 👇🏻 👇🏻
https://bit.ly/39FSBOm

👉🏻Import, export of goods without furnishing bonds to Customs authorities allowed - CBIC
(CBIC allowed businesses to import and export goods without furnishing bonds to the customs authorities till the end of the month)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UVcVpu

👉🏻MCA to offer faceless adjudication of company law breaches
(MCA to offer faceless adjudication of specified company law offences to enable social distancing as well as eliminate bureaucratic discretion)
👇🏻  👇🏻 👇🏻
https://bit.ly/3dPOdzD

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Proviso inserted to Rule 36(4) of the CGST Rules:

“Provided that the said condition shall apply cumulatively for the period February, March, April, May, June, July and August, 2020 and the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above”

Rule 36(4) of the CGST Rules:

“36. Documentary requirements and conditions for claiming input tax credit.-

(4) Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 10 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.” Therefore, for the GST Returns of the period February 2020 to August 2020, the Input Tax Credit (“ITC’) as per books can be claimed without considering the ITC as per GSTR – 2A. However, the ITC claimed has to be matched as per rule 36(4) in a consolidated manner with GSTR – 2A before filing the GSTR – 3B of the month of September 2020.

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File ITRs for AY 2019-20, TDS/TCS Returns for Q4 of 2019-20 by 30-6-2020 but pay Advance/Self Assessment/ Regular Tax, TDS/TCS in time, else pay interest @ 9% pa. 

Due date to  invest  in PPF, LIC premium etc for FY 2019-20,  fie ITR for AY 19-20 etc extended to 30.6.2020 vide Ordinance passed by Govt on 31.3.2020. 

MCA has received representations from industry bodies and companies for relaxation in Section 123 of the Companies Act, which deals with the declaration and payment of dividend to the shareholders. 

Madhya Pradesh High Court recently dismissed a petition against the order of an executing court in Madhya Pradesh, whereby a company was asked to pay deficit stamp duty in line with the Stamp Act applicable to Madhya Pradesh, for executing an arbitral award passed in Calcutta. (Magma Fincorp Limited v. Omshanker & Anr) 

State electricity distribution utilities cannot use the countrywide lockdown to invoke force majeure clause and renege on contractual obligations under power purchase agreements, say power producers. The troubled power sector will be mired in a new set of legal cases if the issue is not amicably resolved.

 
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CBIC waived the late fees for delayed filing of Form GSTR-1 for Mar, April & May 2020

The Central Board of Indirect Taxes & Customs (“CBIC”) vide Notification No. 33/2020 – Central Tax dated April 3, 2020 has sought to provide the relief by waiver of late fees for delay in furnishing of return in FORM GSTR 1 for the month of March, 2020, April, 2020 and May, 2020, and for the quarter ending 31st March, 2020, for the registered persons who fail to furnish the details of outward supplies for the said periods in FORM GSTR-1 by the due date, but furnishes the said details in FORM GSTR-1, on or before the 30th day of June, 2020.

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👨🏻‍🏫 Officers of Anti-Evasion, Central GST Commissionerate, Delhi East, have unravelled an operation involving availment of fraudulent Input Tax Credit on the basis of fake invoices and evasion of GST by utilizing the said fraudulent ITC of Rs. 24 crores approx. by M/s Shub Conductors LLP.

👩🏻‍🏫 Investigation was initiated against M/s Shub Conductors LLP on intelligence that the firm had been availing fraudulent ITC on the basis of fake invoices raised by fictitious suppliers. Searches were conducted in the premises of M/s Shub Conductors LLP along with the suppliers suspected of being fake. It was found that among other firms, M/s Een Een Sales Corporation and M/s A.N. Marketing had passed on fake ITC to M/s Shub Conductors. During investigation, Shri Naresh Goel and Shri Anil Kumar Yadav, proprietors of M/s Een Een Sales Corporation and M/s A.N. Marketing respectively, agreed to have passed on fraudulent ITC to M/s Shub Conductors LLP, among other parties, by raising fake invoices without actual supply of goods. The suppliers of M/s Een Een Sales Corporation and M/s A.N. Marketing were also found to be non-existent. Consequently, both Shri Naresh Goel and Shri Anil Kumar Yadav were arrested under Section 69(1) of the CGST Act, 2017, on 29.01.2020 and remanded to judicial custody.

👨🏻‍🏫The investigation further revealed that at least 7 firms were floated in the names of fictitious entities for the sole purpose of creating a complex network of transactions among themselves, including transfer of money in bank accounts to make them appear genuine. This enabled them to raise fake invoices to manufacturers such as M/s Shub Conductors LLP, who availed the fraudulent Input Tax Credit without actual receipt of goods. The money received in Bank accounts was then withdrawn and routed back in cash to the recipients. Thus, the operation involved not only violation of GST law but also laundering of money.

👩🏻‍🏫Searches were conducted in the business of M/s Shub Conductors LLP, as well as the residential premises of the partners, namely, Shri Vishal Gupta and his wife, Smt. Divya Gupta. The partners were not found to be present in either of the locations. Thereafter, both the partners who are authorized signatories in the firm, repeatedly evaded summons issued by the department, with the deliberate intention of hindering investigation. The partners also absconded for more than one month.

👨🏻‍🏫During the course of investigation, a residential property and 6 vehicles owned by Shri Vishal Gupta and Smt. Divya Gupta along with the bank accounts of M/s Shub Conductors LLP were provisionally attached under Section 83 of the CGST Act, 2017. This action was finally able to bring Shri Vishal Gupta out of hiding. However, Shri Gupta continued to remain evasive during his statement recorded under Section 70 of the CGST Act, 2017. He also refused to divulge the location of his wife and partner in M/s Shub Conductors LLP, Smt. Divya Gupta, who remains absconding till date. 

👩🏻‍🏫Shri Vishal Gupta, Partner in M/s Shub Conductors LLP appeared to have knowingly committed offence under the provisions of Section 132(1)(c) of the Central Goods & Services Tax Act (CGST), 2017, which is a cognizable and non-bailable offence, punishable under Section 132(5) of the CGST Act, 2017. Accordingly, Shri Vishal Gupta was arrested on 17.03.2020 under Section 69(1) of the CGST Act, 2017 and remanded to judicial custody by the Duty Metropolitan Magistrate (MM) till 31.03.2020.

👨🏻‍🏫Further investigation to unearth GST evasion racket on fake invoices is in progress. 

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COVID-19: UK announces Temporary Import VAT & Duty Relief for Certain Medical Supplies

Read more at: https://www.taxscan.in/covid-19-uk-announces-temporary-import-vat-duty-relief-certain-medical-supplies/53927/
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Telangana HC denies Anticipatory Bail on allegations of Non-Issuance of Invoices [Read Order]

Read more at: https://www.taxscan.in/telangana-hc-denies-anticipatory-bail-allegations-non-issuance-invoices/53949/
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Amounts Collected towards Local Area Development, which form part of value of lease/rental services Taxable under Forward Charge Mechanism: AAR [Read Order]

Read more at: https://www.taxscan.in/amounts-collected-towards-local-area-development-form-part-value-lease-rental-services-taxable-forward-charge-mechanism-aar/53863/
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Govt urges people to wear home made masks when they step out their houses
(Govt has urged the people to wear homemade masks to keep Coronavirus at bay when they step out of their houses) 
👇🏻 👇🏻 👇🏻
https://bit.ly/3aJ4Gnf

👉🏻RBI amends timings for debt markets from 7 April
(RBI announced a change in debt money market timings from the existing 9 am-5 pm to 10 am-2 pm WEF 7th April)
👇🏻 👇🏻 👇🏻
https://bit.ly/2xSbHTT 

👉🏻Govt directs taxmen to dispose off applications related to TDS, TCS for FY20 by April 27
(Govt directed tax officials to dispose off applications filed by taxpayers or buyers or licence holders for lower or nil deduction of TDS / TCS)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UJCT0s

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 Connect, Collaborate….. Anywhere, Anytime and in your own pace with your peers across the country and the globe to a New way of Learning………..

Covid 19, as you are aware is impacting businesses significantly and brings with it several issues and challenges to preparers of financial statements and auditors on various aspects of preparation and audit of financial statements.

The members of our Institute are committed as professionals to ensure that financial reporting continues to be of high quality and reliable based on applicable accounting framework and audit opinions are based on performing the best audit procedures laid down in standards on audit. 

To guide the preparers and auditors, the Accounting Standards Board and Auditing & Assurance Standards Board of ICAI, have developed an Advisory on “Impact of Corona Virus on Financial Reporting and the Auditors Consideration” highlighting few important areas which require specific attention in respect of financial statements for the period ending 31.3.2020.

The ICAI Advisory can be accessed at  https://learning.icai.org/committee/asb/impact_of_corona_virus_on_fr_ac/

Stay Safe!                                                                              And Also earn Unstructured CPE credit hours. 

 

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1.      Recovery of Tax : in view of the fact that the Revenue authorities have issued garnishee notice u/s 226(3) to the bankers of the assessee on the very day on which the hearing of the stay petition was concluded but the order thereon could not be passed and one of the member constituting the coram of the bench has gone out out of station on official tour, interim stay is granted on the proceedings till 29th jan 2020, till disposal of stay petition, till the disposal of the appeal, or till further orders in this regards, whichever is earlier; operations of all the garnishee notices shall remain suspended. (Favour of Assessee)

Cleared Secured Services (P) Ltd.  vs.  DCIT, ITA No. 337/Mum/2019, 20.01.2020- ITAT- Mumbai

2.      Search and Seizure: In the absence of any incriminating material found in search, incomplete statement (therein does not mention from whom they received money 50 L) given by the saller in which he has not mention the name of the assessee and mismatch of consideration received by cheque cannot be used against the assessee for making addition u/s 69B.  (Favour of Assessee)

B.S. Associates vs.  DCIT, ITA No. 197&198/Ind/2017, 09.12.2019, ITAT - Indore

3.      Clubbing of Income :-  Since the investment made by the assessee's wife in her business commenced in relevant year was fully finance by the from the amount of gift given by the assessee, the amount of such gift which were invested in the said business and the total investment in the business are equal and, therefore, the entire amount of loss resulting from the said business is to be set off against the income of assessee in view of section 64(1)(iv) explan.3 thereto. (Favour of Assessee)

Uday Gopal Bhaskarwar  vs.  ACIT, ITA No. 502/Pune/2019, 20.01.2020, ITAT-Pune

4.      Penalty for Concealment if income: When the assessee -trust has disclosed the entire receipts of donation and claim exemption u/s 11, merely because it could not furnish the details of the person from whom the donations were received, cannot be a reason for concluding that the assessee has concealed any part of income or furnished inaccurate particulares of income; assessment of the same as anonymous donation cannot be a reason for levy of penalty u/s 271(1)(c). (Favour of Assessee)

Meenakshi Ammal Trust  vs.  ACIT, ITA No. 837/Chny/2019, 21.01.2020, ITAT-Chennai
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Key changes in income tax w.e.f 01 - April - 2020
Income Tax Compliance

Key changes in income tax w.e.f 01 - April - 2020 Changes from 01- April - 2020   1) Taxpayers can now choose between two options ( one claiming deductions, other not claiming deductions ) to arrive at their tax liability. They can choose options beneficial to them.   2) Salary taxpayers can switch between two options every year, whereas 

litigation course on GST We got a tremendous response to our erstwhile course. Now we are in a matured environment. Litigation is taking hold on normal compliances. GST notices are frequent and the department is strict for compliance. In our endeavor to handhold professionals, we have organized this litigation course. Faculties: Following Faculties will be taking the session in this 

Non-refundable advance to EPF members in the event of the outbreak of epidemic or pandemic
Non-refundable advance to EPF members in the event of the outbreak of epidemic or pandemic
ESI/PF Compliance

To, All Addl CPFCs in charge of Zones All RPFCs in charge of Regional Offices All OICs in charge of District Offices Sub: Forwarding of notification GSR.225(E) dated 27.03.2020 inserting Sub-Para (3) under Para 68L of the EPF Scheme, 1952 to provide for non-refundable advance to EPF members in the event of the outbreak of epidemic or pandemic Sir, 

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FTP 2015 20 extended by one year, up to 31.03.2021
FTP 2015 20 extended by one year, up to 31.03.2021
Uncategorized

Notification No. 57/2015-20. S. O. (E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation ) Act, 1992 read with paragraph 1.02 of the Foreign Trade Policy (FTP) 2015 - 2020, as amended l, the Central Government hereby makes, with immediate effect, the following amendments in the FTP2015-2020:  1. In para 1.01 the phase …

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Everything that's wrong with the refund circular no. 135
GST Consultancy

Everything that's wrong with the refund circular no. 135 Quite a few restrictions have been imposed regarding the refund of taxes through Circular no. 135/05/2020-GST dated 31st March 2020. There are quite a few restrictions that are grossly unjustifiable within this Circular. The following discusses everything that is wrong with this Circular: a. Para 5 to the Circular restricts the …



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Issues arising from Refund related Circular No. 135/05/2020 dated 31-03-2020
Issues arising from Refund related Circular No. 135/05/2020 dated 31-03-2020
GST Compliances

Issues arising from Refund related Circular No. 135/05/2020 dated 31-03-2020 1. Bunching of Financial years has been allowed for the purpose of claiming refunds. Now, this may result in assessee having applied for lesser refund as compared to refund actually admissible as per Circular However, this Circular has not modified the proposition that after submitting a refund application under any …

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Recent major judgements of Indirect Tax Volume 3
Recent major judgements of Indirect Tax Volume 3
GST Litigation

Recent major judgements of Indirect Tax Volume 3 GST A. GST: AAR shall be required to determine the place of supply wherever it is necessary for determining the liability of the registered person to pay tax The petitioner has entered into a contract with its Principal Company located in the USA for providing services to the customers located outside India. …



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Amendments In Foreign Trade Policy 2015-20
Amendments In Foreign Trade Policy 2015-20
Customs Compliance

Amendments In Foreign Trade Policy 2015-20 Important features and time limits that get extended vide Notification no. 57/2015- 20 dt.31st March 2020 and Public notice no.67/2015-20 dt.31st March 2020 are given hereunder: - 1. Existing Foreign Trade Policy 2015-20 extended up to 31.03.2021: provisions relating to export and import of goods & export incentives under different schemes shall remain in …
 

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To mitigate the genuine hardships faced by taxpayers due to the Covid-19 pandemic, CBDT issues notification F.No.275/25/2020-IT(B) dt 03rd April, 2020 regarding submission of Form 15G & 15H for FY 2020-21.

Supreme Court in New Delhi Television Ltd vs. DCIT has laid down important principles of law relating to the reopening of assessments under sections 147 and 148 of the Income-tax Act.

High Court of Gujarat gave an important ruling dated 13th November, 2019 regarding detention of goods of the assessee in case of Vivan Steel (P.) Ltd. V. State of Gujarat [2020] 113 taxmann.com 346 (Gujarat) that Goods and vehicle to be released after paying tax and penalty. 

CBIC has issued Notification No. 35/2020 – Central Tax (Rate) dated April 3, 2020 for extending due date of compliance which falls during the period from "March 20, 2020 to June 29, 2020" till June 30, 2020 and to extend the validity of e-way bills. 

Government given following relations to the tax payers in GST for the matter related to -
Waiver of interest and late fee for filing GSTR-3B.
Extension of validity of E-way bill generated between 20th March to 15th April'2020.
Extension of due date of May'2020 GSTR-3B
Waiver of late fee for GSTR-1 filing.



Thanks for reading

Friday, 3 April 2020

03 April 2020 Updates

GST collection slips below Rs 1 trillion in March after four months:

READ MORE- https://www.gststation.in/gst-collection-slips-below-rs-1-trillion-in-march-after-four-months/
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👉  New Delhi, Mar 30 The National Company Law Appellate Tribunal (NCLAT) on Monday directed that the lockdown period, as announced by the government, would be excluded for the purpose of counting of days for all ongoing insolvency matters, which are time bound.

Passing a suo motu order, a three-member NCLAT bench headed by Acting Chairperson Justice B L Bhat said that it would applicable in all the corporate insolvency resolution process, which has been initiated or pending, or pending in Appel before the benches of NCLTs or before the appellate tribunal.

Besides, any interim order passed by the NCLAT or National Company Law Tribunal (NCLT) would continue till the next date of hearing, which would be notified once the tribunal and the appellate tribunal starts functioning.

The NCLT and the NCLAT have closed their hearing amidst the three weeks lockdown imposed by the government to contain the spread of pandemic of Covid-19.

"The period of lockdown ordered by the central government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the corporate debtor may be located, shall be excluded for the purpose of counting of the period for ''Resolution Process under Section 12 of the Insolvency and Bankruptcy Code, 2016, in all cases where ‘Corporate Insolvency Resolution Process’️ has been initiated and pending before any Bench of the NCLT or in Appeal before this Appellate Tribunal,†it said.

“It is further ordered that any interim order/ stay order passed by this Appellate Tribunal in anyone or the other Appeal under Insolvency and Bankruptcy Code, 2016 shall continue till the next date of hearing, which may be notified later,†the NCLAT added.

The appellate tribunal has directed to communicate this order to the registrar of NCLT asking to circulate the same to all benches of NCLT across the country.

👉  The monitoring committee attached to the insolvency resolution process of Chennai-based Orchid Pharma has implemented the approved resolution plan by Gurgaon-based Dhanuka Laboratories, which would fetch the secured lenders close to 32.3% recovery of their dues. Besides, the lenders will also receive around 4,08,164 equity shares of Orchid Pharma, at an issue price of Rs 10 each for part of their debt, sources in the know told FE.

According to a regulatory filing by Orchid Pharma on Tuesday, the paid-up equity share capital of the company has been reduced from Rs 88.96 crore to Rs 40.81 crore, with cancellation of 88.56 million equity shares of Rs 10 each. A meeting of the monitoring committee also approved issue of 0% non-convertible, non-marketable, cumulative redeemable debentures of value of Rs 3,650 crore to Dhanuka Pharmaceuticals — a special purpose vehicle formed by Dhanuka Laboratories — for subsuming equivalent outstanding debt of Orchid Pharma by the SPV for consideration other than cash.

Sources said that the lenders had been able to recover around Rs 1,106.50 crore out of the total admitted debt of around Rs 3,526.74 crore, apart from the 1% shares. Dhanuka will hold around 98% shares following the deal and may have to look for dilution of shares as per the relevant regulation.

The 4,08,164 equity shares are to be issued to 22 secured financial creditors depending upon their exposure in the company, and State Bank of India will get 72,915 equity shares, while Bank of India will get 41,228 shares and Union Bank of India and Allahabad Bank will receive around 28,000-29,000 shares each.

Dhanuka’s resolution plan was finally taken for implementation after the Supreme Court had set aside the National Company Law Appellate Tribunal (NCLAT) order that nullified the Chennai bench of NCLT’s approval of a resolution plan by Gurgaon-based Dhanuka Laboratories for the debt-ridden company Orchid Pharma.


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Odisha hoteliers seek GST holiday, tax waiver due to COVID-19 lockdown:

READ MORE- https://www.gststation.in/odisha-hoteliers-seek-gst-holiday-tax-waiver-due-to-covid-19-lockdown/
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Realme increases smartphone prices due to GST hike, rupee dip:

READ MORE- https://www.gststation.in/realme-increases-smartphone-prices-due-to-gst-hike-rupee-dip/
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👉🏻RBI announces further measures for dealing with the COVID-19 pandemic
(Disruption caused by COVID-19, RBI now come to the rescue of state govts, exporters and also provide relief to banks' capital concerns)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UVcnQn

👉🏻GST collections for March stand at Rs 97597 Cr
(GST collections for March, 2020 stood at Rs. 97,597 Cr, lower than Rs. 1.05 lakh Cr collected in Feb, 2020)
👇🏻 👇🏻 👇🏻
https://bit.ly/2R2VXV6

👉🏻MCA gives an opportunity to regularise deactivated DINs without fee
(MCA has given a one-time opportunity for ‘ACTIVE non-compliant’ companies to become compliant without forking out any fees)
👇🏻 👇🏻 👇🏻
https://bit.ly/3bLbb9a 

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👉  New Delhi: As equity investors lost about Rs 50 lakh crore wealth in the brutal selloff triggered by the coronavirus outbreak, one stock rallied over 1,000 per cent in last two months.
Not just that! The stock also scripted a trailblazing comeback from 52-week lows, as the company emerged out of the NCLT after a corporate insolvency resolution process.

We are talking about smallcap stock Ruchi Soya Industries, which was acquired by Patanjali Ayurved in late 2019. The stock has since risen over 5,300 cent to hit all-time high of Rs 162 on March 30, rising from a 52-week low of Rs 3.28 hit on July 24, 2019.
The scrip is on a secular bull run and has been hitting upper circuit limits ever since January amid huge demand. It traded at Rs 17 on January 27, 2020.

However, the average traded quantity on the counter in the past two weeks has been just 334. “After its acquisition by Patanjali, the shares were consolidated in the 100:1 ratio. Thus, there is no float available,” said Arun Mukherjee, a Kolkata-based investor and founding partner of SA Investment Advisers.
Investors fancy the stock, but there are no sellers. “It’s mainly demand-supply economics at play, leading to the rally,” Mukherjee said.

Ruchi Soya is one of the largest manufacturers of edible oils in India. It makes and sells edible oils, bakery fats and soya food primarily in India.
The edible oil range holds a number of oil and soya product brands, such as Mahakosh and Nutrela, which is the largest selling soya foods brand in the country with more than 50 per cent market share.

👉  The lockdown period will not be counted in the timeline set to finalise resolution plans for stressed companies under the insolvency process, the Insolvency & Bankruptcy Board of India has said, providing in a breather for lenders, bidders and resolution professionals.

“The period of lockdown imposed by the central government in the wake of the Covid-19 outbreak shall not be counted for the purposes of the timeline for any activity that could not be completed due to such lockdown, in relation to a corporate insolvency resolution process,” IBBI said in a notification on Sunday. “This would, however, be subject to the overall time-limit provided in the code.”

About 2,000 companies are currently undergoing resolution process under the Insolvency and Bankruptcy Code (IBC), including Jet Airways, Reliance Communications, Videocon Group and Lavasa.

The board has taken a view that It is difficult for the resolution professional (RP) to continue to conduct the process, for members of the committee of creditors (CoC) to attend the meetings, and for bidders to submit resolution plans, during the period of lockdown. Hence the decision to exclude the lockdown period from timeline for resolution process.

“The Government is well aware of the issues faced by various stakeholders and is also conscious of uncertainty created by COVID – 19 situation,” said Raj Panchmatia, Partner at Khaitan & Co. “It is actively taking steps to alleviate any hardship that may have been created. Bringing this specific amendment is all the more relevant given the strict timelines under the Code and to also address the issues faced by the stakeholders due to lockdown.”

National Company Law Tribunal (NCLT) had recently allowed 90 days extension for the resolution process of Jet Airways while in the case of RCom lenders have approved the resolution plan currently submitted to the tribunal for its approval.

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Govt should mandate force majeure for all civil aviation contracts: FICCI

READ MORE- https://www.gststation.in/govt-should-mandate-force-majeure-for-all-civil-aviation-contracts-ficci/
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Impact of COVID – 19 on Ind AS/Converged IFRS Financial Statements:

Going Concern assessment [Ind AS 1 and 10]  Presentation of Financial Statements [Ind AS 1]  Post Balance Sheet Events [Ind AS 10]  Provisions, Contingent Liabilities and Contingent Assets [Ind AS 37]    

Measurement of Inventories [Ind AS 2] Property, Plant and Equipment [Ind AS 16] Borrowing Costs [Ind AS 23] Impairment of Non-Financial Assets [Ind AS 36]    impairment of Financial Assets [Ind AS 109 and Ind AS 107]   
        
Hedge Accounting [Ind AS 109]  Fair Value Measurements [Ind AS 113]  Leases [Ind AS 116]   Revenue [Ind AS 115]  Income Taxes [Ind AS 12]                        Modifications of contract and arrangements [Relevant Ind AS]       
     
Consolidated Financial Statements [Ind AS 110]    Interim Financial Reporting [Ind AS 34]    
                
Important FAQ’s – Attached herewith. 

By: CA. Kapileshwar Bhalla 

MCA applicability from From 1st April, 2020:

Every Pvt Co. having Paid up share capital of Rs 10 Crore or more needs to appoint a Whole Time Company Secretary.

Every Pvt Co. having total outstanding debt of Rs 100 Cr. or more from Banks and Financial Institutions have to appoint Secretarial Auditor.


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👉🏻RBI denies banks' request for stay on asset classification norms amid COVID-19 Crisis
(RBI has denied a request from banks to put a stay on the asset classification norms, according to a reports) 
👇🏻 👇🏻 👇🏻
https://bit.ly/2wPwOXb

👉🏻FinMin extends Motor, Health Insurance validity till April 21
( FinMin amended the law and extended validity of insurance papers till April 21, 2020. If your policy has expired in this time period (March 25-April 15) then you will get continuation of coverage and continuity of benefits)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UCPzWx

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Central government collected Rs 10.27 trillion as direct taxes during 2019-20, a record shortfall of Rs 1.45 trillion, or 12.2 per cent, compared with the revised estimates (RE). This may prompt the revenue department, under the finance ministry, to reset its Budget math for 2020-21. 

Government has issued an ordinance to give effect to the relaxation in several compliances including extension in last dates to June 30 for making investments in instruments such as National Savings Certificates, Public Provident Fund for claiming income tax benefits. Income tax Act, Benami Act are being sought to be amended via the ordinance - Taxation and Other LAws(Relaxation of Certain Provisions) Ordinance, 2020. The ordinance also seeks to amend the Income Tax Act to enable 100% deduction to donations made to the PM's Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund, set up to enable citizens to contribute to government’s containment efforts against the Covid-19 outbreak.

GST: Builder held guilty of profiteering and discount after increasing price cannot be considered as passing on of benefit of additional ITC. Pradeep Kumar (Applicant) Vs. Fusion Buildtech Pvt. Ltd. 

GST collections in the month of March stood at a mere Rs 97,500 crore. In March CGST collections stood at Rs 19,183 crore, SGST at Rs 25,601 crore, IGST at Rs 44,508 crore and Cess at Rs 8,306 crore. With this, the full-year GST collection has grown only 4 per cent than the previous year. While the GST for the domestic transaction has shown a growth rate of 8 per cent in FY20, over the revenues last year.

Sebi has rejected promoters’ requests to exempt them from extending trading restrictions that apply at the time of results. The regulator had recently allowed listed companies to file fourth-quarter and annual earnings by June 30, rather than May 31. This means the trading window will have to be closed for promoters and management from April 1 till 48 hours after declaration of quarterly results. Sebi rejected the demand, saying insiders would still have access to most of the unpublished annual financials for FY20.


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GST down y 8 per cent in 6 days, worry mounts for April:

READ MORE- https://www.gststation.in/gst-down-by-8-per-cent-in-6-days-worry-mounts-for-april/

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👉🏻Donation to PM CARES Fund to be fully exempted under section 80G of I-T Act
(As the date for claiming deduction under section 80G of the IT Act has been extended up to June 30, the donation made up to that date will also be eligible for deduction from income of FY 2019-20.)
👇🏻 👇🏻 👇🏻
https://bit.ly/2UUn6dJ

👉🏻Interest Subvention Scheme (ISS) and Prompt Repayment Incentive (PRI) through KCC - RBI
(Short Term Crop Loans including agriculture gold loans into KCC loans by June 30, 2020 with commensurate extension of Interest Subvention (IS) and Prompt Repayment Incentive (PRI) benefit against such accounts till June 30, 2020)
👇🏻 👇🏻 👇🏻
https://bit.ly/2Juinub

👉🏻Govt issues Taxation and other Laws (Relaxation of Certain Provisions) Ordinance, 2020
(Govt has brought in an Ordinance on 31.03.2020 which provides for extension of various time limits under the Taxation and Benami Acts. It also provides for extension of time limits contained in the Rules or Notification which are prescribed/ issued under these Acts) 
👇🏻 👇🏻 👇🏻
https://bit.ly/2yjU7bK

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New Delhi: In order to give effect to the announcements made by the Union Finance Minister vide Press Release dated 24.03.2020, regarding several relief measures relating to
statutory and regulatory compliance matters across sectors in view of COVID-19 outbreak, the govt has brought in an Ordinance on 31.03.2020 which provides for extension of various time limits under the Taxation and Benami Acts. It also provides for extension of time limits contained in the Rules or Notification which are prescribed/ issued under these Acts.

It may be noted that the outbreak of Novel Corona Virus (COVID- 19) across many countries of the world has caused immense loss to the lives of people, and accordingly, it has been termed as pandemic by the World Health Organisation and various Governments including Government of India. Social distancing has been unequivocally accepted to be the best way to contain its spread, leading to announcement of complete lockdown in the country. Keeping in view the challenges faced by taxpayers in meeting the compliance requirements under such conditions, the Union Finance Minister had announced several relief measures relating to statutory and regulatory compliance matters across sectors in view of COVID-19 outbreak on 24.03.2020 vide a press
release. 

Some of the important features and time limits which get extended by this Ordinance are as under: - Direct Taxes & Benami:

Extension of last date of filing of original as well as revised income-tax returns for the FY 2018-19 (AY 2019-20) to 30th June, 2020.

Extension of Aadhaar-PAN linking date to 30th June, 2020.

The date for making various investment/payment for claiming deduction under Chapter-VIA-B of IT Act which includes Section 80C (LIC, PPF, NSC etc.), 80D (Mediclaim), 80G (Donations), etc. has been extended to 30th June, 2020. Hence the investment/payment can be made up to 30.06.2020 for claiming the deduction under these sections for FY 2019-20.

The date for making investment/construction/purchase for claiming roll over benefit/deduction in respect of capital gains under sections 54 to 54GB of the IT Act has also been extended to 30th June 2020. Therefore, the investment/ construction/ purchase made up to 30.06.2020 shall be eligible for claiming deduction from capital gains arising during FY 2019-20.

The date for commencement of operation for the SEZ units for claiming deduction under deduction 10AA of the IT Act has also extended to 30.06.2020 for the units which received necessary approval by 31.03.2020.

The date for passing of order or issuance of notice by the authorities under various direct taxes& Benami Law has also been extended to 30.06.2020.

It has provided that reduced rate of interest of 9% shall be charged for non-payment of Income-tax (e.g. advance tax, TDS, TCS) Equalisation Levy, Securities Transaction Tax (STT), Commodities Transaction Tax (CTT) which are due for payment from 20.03.2020 to 29.06.2020 if they are paid by 30.06.2020. Further, no penalty/ prosecution shall be initiated for these non-payments.

Under Vivad se Vishwas Scheme, the date has also been extended up to 30.06.2020. Hence, declaration and payment under the Scheme can be made up to 30.06.2020 without additional payment.

Indirect Taxes:

Last date of furnishing of the Central Excise returns due in March, April and May 2020 has been extended to 30th June,2020.

Wherever the last date for filing of appeal, refund applications etc., under the Central Excise Act, 1944 and rules made thereunder is from 20th March 2020 to 29th June 2020, the same has been extended to 30th June 2020.

Wherever the last date for filing of appeal, refund applications etc., under the Customs Act, 1962 and rules made thereunder is from 20th March 2020 to 29th June 2020, the same has been extended to30th June 2020.

Wherever the last date for filing of appeal etc., relating to Service Tax is from 20th March 2020 to 29th June 2020, the same has been extended to30th June 2020

The date for making payment to avail of the benefit under Sabka Vishwas Legal Dispute Resolution Scheme 2019 has been extended to 30th June 2020 thus giving more time to taxpayers to get their disputes resolved.

In addition to the extension of time limits under the Taxation and Benami Acts as above, an enabling section has got inserted in the CGST Act, 2017 empowering the Government to extend due dates for various compliances inter-alia including statement of outward supplies, filing refund claims, filing appeals, etc. specified, prescribed or notified under the Act, on recommendations of the GST Council.

PM CARES FUND

A special fund “Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES FUND)” has been set up for providing relief to the persons affected from the outbreak of Corona virus. The Ordinance also amended the provisions of the Income-tax Act to provide the same tax treatment to PM CARES Fund as available to Prime Minister National Relief Fund. Therefore, the donation made to the PM CARES Fund shall be eligible for 100% deduction under section 80G of the IT Act. Further, the limit on deduction of 10% of gross income shall also not be applicable for donation made to

As the date for claiming deduction u/s 80G under IT Act has been extended up to 30.06.2020, the donation made up to 30.06.2020 shall also be eligible for deduction from income of FY 2019-20. Hence, any person including corporate paying concessional tax on income of FY 2020-21 under new regime can make donation to PM CARES Fund up to 30.06.2020 and can claim deduction u/s 80G against income of FY 2019-20 and shall also not lose his eligibility to pay tax in concessional taxation regime for income of FY 2020-21.


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Here are some changes in income tax rules that will come into effect from April 1, 2020, as announced in Budget 2020:

1) New tax slabs, as announced in Budget 2020, will come into effect. However, the old tax slabs will also remain in effect, giving a choice to the individual to opt between the two.
Under the new tax rates announced in Budget, there is zero tax for income up to 2.5 lakh; 5% for income between 2.5 lakh and up to 5 lakh; 10% for income between 5 lakh and up to 7.5 lakh; 15% for income between 7.5 lakh and up to 10 lakh; 20% for income between 10 lakh and up to 12.5 lakh; 25% for income between 12.5 lakh and up to 15 lakh; 30% for income above 15 lakh.
But under this new lower tax rates, the individual will have to give up on a lot of deductions that could help reduce taxable income like standard deduction, the popular deductions under Section 80C, exemptions on house rent allowance, leave travel allowance (LTA) and the deduction on interest paid on home loans. Tax experts say whether an individual should choose the new tax regime or the old one depends on a case to case basis.
"The alternative tax regime will benefit relatively the young taxpayers as they would not be committed much to expenditures like insurance, tuition fees of children, etc. The same could also be said for senior citizen taxpayers as well. Availability of NPS deduction under both the options will certainly continue to give it a boost. The relief to startups for deferment of tax on ESOPs will certainly help ease cash flow issues for their employees on receipt of ESOP," said Sandeep Sehgal, director of tax and regulatory at Ashok Maheshwary & Associates LLP.
2) Dividends received from mutual funds and domestic companies will be taxable at the recipients hands. For example, dividends the recipients will earn from their mutual fund investments will be taxed at their slab rates. Earlier, the dividend was tax-free in the recipients hands but the mutual funds deducted a dividend distribution tax (DDT) at a rate of 11.2% for equity-oriented funds and 29.12% for debt-oriented funds.
The new tax regime from April 1 increases the tax burden on investors in higher tax brackets, while lowering it for people in low tax brackets. However, it is to be noted that TDS or tax deduction at source at the rate of 10% will be levied if the dividend received by an investor in a financial year exceeds 5,000.
3) If the employer's contribution exceeding 7.5 lakh in a year towards NPS, superannuation fund and EPF, it will taxable in the hands of the employee. This change in income tax rule will be applicable in both the old and new tax regime.
It should be noted that if an individual opts for the new tax slabs, he can still claim income tax deduction on employer contribution towards employee’s NPS account. If your employer is contributing towards your NPS account, a deduction of up to 10% of salary (basic + DA) irrespective of any limit qualifies for income tax deduction under Section 80 CCD(2). Central government employees enjoy a higher limit of 14% of the salary. For others, the limit is 10%.
4) For those who are buying house for the first time and if the value is up to 45 lakh, the government has extended the date for availing additional tax benefit by a year to March 31,2021. House owners who have taken loans to purchase homes up to 45 lakh will be eligible to claim an additional tax deduction of 1.5 lakh on interest in addition to the existing deduction of 2 lakh.
Earlier, this deduction was allowed on housing loans sanctioned on or before March 31, 2020.
5) In a relief to employees of startups, the new tax regime from April 1 allows deferment of tax payment on shares allotted to them under ESOPs or employee stock ownership plan. The new tax regime, from April 1, has deferred the tax payment from the exercise date to 48 months after exercise, cessation of employment or sale of shares, whichever is earliest.

Currently, ESOPs are taxable when the vested options are exercised by the employees

Thanks for reading

Tuesday, 31 March 2020

31 March 2020 News and Updates

Corporate Snippets on March 31

Ø S&P further slashes India's growth forecast to 3.5%

Ø Govt. relaxes compliance norms for SEZs

Ø Govt. may consider cash transfer to workers: Niti VC

Ø Lockdown to impact power demand: ICRA

Ø RBI changes SLBC convenors in view of bank mergers

Ø Economic outlook for India is turning grim day by day

Ø SBI-led lenders okay Suzlon loan recast

Ø Indian economy can contract 2.6%; US over 11% in worst case in 2020: Nomura

Ø SEBI asks exchanges to review expiry of agro derivative contracts

Ø Continue second phase of UPI for retail investors till further notice: SEBI

Ø Govt may slash borrowing from market in April amid lockdown: Report

Ø Govt. extends crop loan interest benefits for farmers till May 31

Ø Existing foreign trade policy likely to be extended

Ø Implementation of Stamp Act changes deferred by 3 months till July 1

Ø Covid-19: ONGC contributes ₹300 crore from CSR to PM CARES fund

Ø RIL pledges ₹500 crore to PM CARES Fund

Ø Govt releases ₹10,000 crore for VRS payments of BSNL, MTNL

Ø GMR Airports’ international partner Groupe ADP raises €2.5 billion in bonds
 
Ø Infosys Foundation commits ₹100 crore towards Covid-19 relief efforts

Ø Bombay HC gives relief to Future group against pledge invocation amidst Covid-19

Ø CAMS data shows arbitrage and debt fund exodus, steady equity flows

Ø India may slash borrowing from market in April amid lockdown: Report

Ø HPCL invokes force majeure on Iraqi oil: Report

Ø Sun Pharma’s ex-India biz at record low valuations, amid FDA troubles

Ø Finance Ministry asks banks to ensure adequate cash to meet cash demand post salary transfers

Ø Fitch Solutions cuts India GDP growth forecast to 4.6% for FY21

Ø ADB to invest $100 million in Indian infrastructure sector via NIIF
 
Ø Sensex plummets 1,375 pts; Nifty ends below 8,300

Ø Rupee settles 70 paise lower at 75.59 against US dollar

Ø COVID 19 effect: Surge in health insurance policies

Ø China slashes rate, adds $7 bn to banking system to counter virus
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MCA- Much awaited Scheme for filing of annual returns

MCA scheme  giving one time opportunity to complete  pending compliances ( including Annual complainces ) without additional fees and penalty.

1. Period : 1.04. 2020  to 30.09.2020.

2. After compliance, Roc will issue immunity certificate.

3. Withdrawal all penal cases.

4.MCA has waived off late fees on form and come up with a Companies Fresh Start Scheme 2020 

5. Scheme shall Not applicable on capital increase form, charge form, applied for strking of name of company, amalgamated company, vanishing company, applied for dormant company etc.

No Change in FY- 𝗠𝗔𝗥𝗖𝗛 𝗩𝗦 𝗝𝗨𝗡𝗘

This is the biggest confusion in the minds of the taxpayers. Following points clarifies some of the issues: 

1) FY 2019-20 is not at all extended till 30th June, only the date is extended for some compliances.

2) Belated returns or Revised returns for the FY 2018-19 can be filed till 30th June.

3) In the FY 2019-20, income is taxable till 31st March only and not upto 30th June, i.e. for taxability of income financial year is considered till 31st March only.

4) Deductions under 80C, 80D, etc. can be claimed by investing till 30th June.

5) New LIC, mediclaim, PPF, NPS, etc. policies taken till 30th June will be eligible for the deduction for the FY 2019-20.

6) Payment of Premium of old policies of LIC, mediclaim, PPF, NPS, etc. due upto 31st March can be claimed as deduction even if paid till 30th June.

7) Housing loan interest is eligible for deduction on accrual basis, so interest accrued till 31st March will be eligible for the deduction in FY 2019-20. However Installments due upto 31st March can be claimed as deduction ever if paid till 30th June.

Received the forwarded Message

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👉🏻Income Tax dept asks officers working from home to chase large taxpayers for dues
(Income-Tax Department has asked field formations to contact large taxpayers over phone or email to follow up on pending collections)
👇🏻 👇🏻 👇🏻
https://bit.ly/2xEbaVS

👉🏻Punjab National Bank unveils new logo ahead of merger
(PNB unveiled a new logo which bears the signage's of all the three PSU banks, from the next FY, PNB will become the second largest lender in India)
👇🏻 👇🏻 👇🏻
https://bit.ly/39x2g9A
 
👉🏻MCA introduces Companies Fresh Start Scheme 2020 and Revises LLP Settlement Scheme 2020
(MCA offers ‘fresh start’ to companies, LLPs to lower compliance burden)
👇🏻 👇🏻 👇🏻
https://bit.ly/3av7R1L 

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 The Ministry of Corporate Affairs issued Companies Fresh Start Scheme 2020 vide Circular 12/2020 dt 30.3.2020 which applies both public and private companies incorporated under Co Act 1956/2013.

The salient features are as follows:-

(1) Permits filing all pending Returns, Statements, Documents for any number of years.

(2) It shall come into operation on 1.4.2020 and remain effective up to 30th Sep 2020.

(3) It applies to all companies both public or private who failed to file all returns statements or Documents including Annual Return remain for any number of years as on date of filing.
(4) Only normal fees as  prevailing on the date of filing shall be payable.

(5)No late fee no penalty no prosecution only normal fees payable.

(6) Prosecution if any pending shall be disposed off after payment

(7) Scheme not apply to those companies against whom final notice under Section 248 has been given by ROC for striking off or   who applied for striking off or applied for being declared dormant co; vanishing company or  dormant company or companies under CIRP

(8) Companies who name struck off cannot avail this scheme and have to get their name restored;

(9) Companies can avail this scheme for the purpose of (i) getting themselves dormant under Section 455 and also (ii) getting their name struck off
(10) After payment of normal fees and documents return statement is taken on record, an application shall be filed electronically (without any fees) for obtaining Immunity Certificate but it shall not be filed beyond six month from the date of expiry of scheme.
 
(11)Scheme grants immunity against filing of forms returns and documents but not against any punitive action being done by the company for which suitable can be taken by ROC. 

This is golden opportunity to file all pending Returns Annual Accounts, Statements including all pending Annual Returns pending for any number of years.

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ICAI For the year 2020-21, invite expression of interest for empanelment as Resource Persons (at https://forms.gle/CbjSJ84xCDf8kArh7) from members of ICAI having knowledge and flair of capital market and public speaking skills to conduct Investor Awareness Programs. The Institute reimburses upto Rs. 5,000/- per IAP inclusive of TA/DA, honorarium and other costs incurred conducted across the country except for IAPs conducted in North East States where the reimbursement is upto Rs. 7,000/- per program. last date for filling up the aforesaid form is 30thApril, 2020.


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MCA Update

DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as “ACTIVE non-compliant” due to non-filing of Active Company Tagging Identities and Verification(ACTIVE) eform are encouraged to become compliant once again in pursuance of the General Circular No. 11 dated 24th March, 2020 & General Circular No.12 dated 30th March 2020 and file DIR-3KYC/DIR-3KYC-Web/ACTIVE as the case may be between 1st April, 2020 to 30th September, 2020 without any filing fee of INR 5000/INR 10000 respectively.
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👉  The National Company Law Appellate Tribunal (NCLAT) directed that the lockdown period, as announced by the government, would be excluded for the purpose of counting of days for all ongoing insolvency matters, which are time bound.

Passing a suo motu order, a three-member NCLAT bench headed by Acting Chairperson Justice B L Bhat said that it would applicable in all the corporate insolvency resolution process, which has been initiated or pending, or pending in Appel before the benches of NCLTs or before the appellate tribunal.

Besides, any interim order passed by the NCLAT or National Company Law Tribunal (NCLT) would continue till the next date of hearing, which would be notified once the tribunal and the appellate tribunal starts functioning.

The NCLT and the NCLAT have closed their hearing amidst the three weeks lockdown imposed by the government to contain the spread of pandemic of Covid-19.

"The period of lockdown ordered by the central government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the corporate debtor may be located, shall be excluded for the purpose of counting of the period for 'Resolution Process under Section 12 of the Insolvency and Bankruptcy Code, 2016, in all cases where ‘Corporate Insolvency Resolution Process' has been initiated and pending before any Bench of the NCLT or in Appeal before this Appellate Tribunal,” it said.

👉  The National Company Law Appellate Tribunal (NCLAT) is the Apex Tribunal in the country dealing with all aspects of corporate law. The judgments pronounced by the Appellate Tribunal in the areas of Insolvency, Competition and Company law regulate all elements of a company’s functioning in India; from its registration to its functioning, and operation to its interaction with the market and various stakeholders, to its insolvency and potential resuscitation.

This monthly column seeks to cover the landmark judgments delivered by the National Company Law Appellate Tribunal and to offer a brief summary of the same in a capsule-form for the benefit of the reader.

The judgments of the National Company Appellate Tribunal (NCLAT) have been demarcated into those dealing with the provisions of the Insolvency and Bankruptcy Code, 2016 (Code), the Competition Act, 2002 and that of the Companies Act, 2013. The judgments dealing with the Code have been further categorized and dealt with in the following three stages i.e. Pre-admission stage, Corporate Insolvency Resolution Process (CIRP) stage and the Liquidation stage.

Thanks for reading