Compliances for month of August 2021

 Compliance Requirement under GST, 2017

 


Filing of GSTR –3B

 

A. Taxpayers having aggregate turnover > Rs. 5 Cr. in preceding FY

 

Tax period

Due Date

No interest payable till

Particulars

July, 2021

20thAugust,

2021

-

Due Date for filling GSTR - 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year

 

B. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group A)

 

Tax period

Due Date

No interest payable till

Particulars

July 2021

22ndAugust,

2021

 

Due Date for filling GSTR - 3B return for the month of June, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for Quarterly filing of GSTR-3B

Group A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep

 

 

C. Taxpayers having aggregate turnover upto Rs. 5 crores in preceding FY (Group B)

 

Tax period

Due Date

No interest payable till

Particulars

July, 2021

24thAugust,

2021

 

 

Group B States:Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi

 

D. Filing Form GSTR-1:

 

Tax period

Due Date

Remarks

Monthly return

(July, 2021)

11.08.2021

1. GST Filing of returns by registered person with aggregate turnover exceeding INR 5 Crores.

2. Registered person, with aggregate turnover of less then INR 5 Crores, opted for monthly filing of return under QRMP

 

 

E. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers

 

Form No.

Compliance Particulars

Timeline 

Due Date

GSTR-5 & 5A

Non-resident ODIAR services provider file Monthly GST Return

20th of succeeding month           

20.08.2021

 

GSTR -6

Every Input Service Distributor (ISD)

 

13th of succeeding month

 

13.08.2021

 

GSTR -7

Return for Tax Deducted at source to be filed by Tax Deductor

 

10th of succeeding month

 

10.08.2021

 

GSTR -8

E-Commerce operator registered under GST liable to TCS

10th of succeeding month

10.08.2021

 

F. Non Resident Tax Payers, ISD, TDS & TCS Taxpayers

 

Form No.

Compliance Particulars

Timeline 

Due Date

 

Details of outward supply-IFF

Invoice furnishing facility is available for registered person with turnover less than INR 5 Crores and opted for quarterly filing of return.

 

 

13th of succeeding month 

 

 

13.08.2021

 

G. GST Refund:

 

Form No.

Compliance Particulars

Due Date

 

RFD -10

Refund of Tax to Certain Persons

18 Months after the end of quarter for which refund is to be claimed

 

 

 

 

q Other Returns:

 

Form No.

Compliance Particulars

Timeline 

Due Date

GST return for pending Period-Amnesty Scheme

Filing of Pending GST return with reduced penalty under Amnesty Scheme

July, 2017 to April, 2021

From 01.6.2021 to 31.08.2021

 

Major Update: The taxpayers, who have registered at GST portal but have not yet furnished their Bank Account details, are required to update it at GST Portal through non-core amendment, within 45 days of first login henceforth.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

q GST UPDATES from 01.07.2021 to 31.07.2021:

 

Sl.

Notification Particulars

Notification No.

Link(s)

1.

 

Functionality to register complaint on misuse of PAN in GST Registration

GSTN Circular 485     

 

Click Here

2.

Important changes related to QRMP Scheme implemented on the GST Portal for the taxpayers

GSTN Circular 486

 

Click Here

3.

Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices and compliance of notification 14/2020- Central Tax dated 21st March, 2020

156/12/2021-GST    

 

Click Here

4.

Module wise new functionalities deployed on the GST Portal for taxpayers

GSTN Circular 487

 

Click Here

5.

Upcoming functionalities to be deployed on GST Portal for the Taxpayers in the month of July, 2021

GSTN Circular 488

 

Click Here

6

Webinars on recent functionalities related to Registration, Returns, Ledgers and Refunds deployed on GST Portal.

GSTN Circular 490     

 

Click Here

7

Filing of Annual returns by composition taxpayers. - Negative Liability in GSTR-4

GSTN Circular 491

 

Click Here

8

New functionality on Annual Aggregate Turnover (AATO) deployed on GST Portal for taxpayers.

GSTN Circular 492

 

Click Here

9

Functionality to check and update bank account details.

GSTN Circular 493

 

Click Here

 

10

Seeks to exempt taxpayers having AATO upto Rs. 2 crores from the requirement of furnishing annual return for FY 2020-21.

31/2021-Central Tax dated 30.07.2021

 

Click Here


Compliance requirement under Income Tax Act, 1961

 

 

 

Sl.

 

Compliance Particulars

 

Due Dates

 

1

Due date of depositing TDS/TCS liabilities for previous month.

07.08.2021

 

2

Due date of depositing TDS/TCS liabilities for the period April to June for quarterly deposit of TDS under section 192, 194A, 194D or 194H

07.08.2021

3

Due date for issue of TDS Certificate for tax deducted under section 194-IA, 194-IB and 194M in the month of April, 2021

14.08.2021

4

Quarterly TDS certificate (in respect of tax deducted for payments other than salary) for the quarter ending June 30, 2021

 

15.08.2021

5

Due date of furnishing of Form 24G by an office of the Government where TDS/TCS for the month of July, 2021 has been paid without the production of a challan

 

15.08.2021

6

Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194M for the month of July, 2021

 

30.08.2021

 

r  Income Tax Due Date - Extensions

 

Sl.

Nature of Extension

Provisions of IT Act 1961

Original Due Date

Extended Due Date

1

Objections to Dispute Resolution Panel (DRP) and Assessing Officer under section 144C of the Income-tax Act, 1961

Section 144C

 

01.06.2021

 

31.08.2021

2

The application in Form No.10A/ Form No.10AB, for registration/ provisional registration/ intimation/ approval/ provisionalapproval of Trusts/ Institutions/ Research Associations etc.,

UnderSection 10(23C), 12AB, 35(1)(ii)/(iia)/(iii) and 80G of the Act

 

 

30.06.2021

 

on or before

31.08.2021

3

The compliances to be made by the taxpayers such as investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purpose of claiming any exemption  under  the  provisions  contained  in  Section  54  to  54GB  of the Act

 

 

Section  54  to  54GB  of the Act

 

 

Between 01.04.2021 to 29.09.2021

 

 

30.09.2021

4

Uploading of the declarations received from recipients in Form No. 15G/15H during the quarterending 30th June, 2021

 

Form No. 15G/15H

 

15.07.2021

 

31.08.2021

5

Last date of linkage of Aadhaar with PAN

Section 139AA of the Act

 

30.06.2021

 

30.09.2021

6

Last date of payment of amount under Vivad se Vishwas(without additional amount)

 

 

30.06.2021

 

31.08.2021

7

Last date of payment of amount under Vivad se Vishwas (with additional amount)

 

 

 

31.08.2021

8

Time Limit for passing assessment order

 

30.06.2021

30.09.2021

9

Time Limit for passing penalty order

 

30.06.2021

30.09.2021

10

Time Limit for processing Equalisation Levy returns

 

 

30.06.2021

 

30.09.2021

 

q Important Notifications – For the month of July - 2021:

 

Sl.

Particulars of the Notification(s)

File No. / Circular No.

Link(s)

1.

Guidelines under section 194Q of the Income-tax Act, 1961 - reg.

Circular No. 13 of 2021

 

LINK

 

2.

Guidelines under section 9B and sub-section (4) of section 45 of the Income-tax Act, 1961.

Circular No. 14 of 2021

 

 

LINK

 

3.

TheIncome tax Amendment (18th Amendment), Rules,2021

[Notification No. 76/2021

 

LINK

 

4.

TheIncome tax Amendment (19th Amendment), Rules, 2021

Notification No. 77/2021

 

LINK

 

5.

Central Government hereby notifies for the purposes of the said clause, ‘Haryana Building and Other

Construction Workers Welfare Board’

Notification No. 78 /2021

 

 

LINK

 

6.

Foundation Trust, Haridwar under the category “Research Association” for Scientific Research

Notification No. 79/2021

 

LINK

 

7

TheIncome-tax (20th Amendment) Rules,2021

Notification No. 82 /2021

LINK

8

TheIncome-tax (21st Amendment)

Rules, 2021

Notification No. 83 /2021

LINK

9

​Calling for region preference of candidates nominated to the post of Tax Assistant in CBDT through Combined Graduate Level Examination - 2018.

 

F. No. HRD/CM/127/12/2020-21 / 2847

 

LINK


Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder;

 

·         For all forms except, Charge related:If due date of any form given below falling between 1st April, 2021 to 31st July, 2021 then those forms can be file without additional fees till 31st August, 2021.

 

·         For Charges related forms - In line with the extension provided in General Circular 12/2021 issued by the Ministry of Corporate Affairs, Additional Fee/Ad valorem fee in respect of Charge documents viz. CHG-1 and CHG-9 shall be calculated after excluding No. of days between 01st April 2021 to 31st July 2021 based on the event date entered in the form.

 

 

Applicable Laws/Acts

 

 

Due Dates

 

Compliance Particulars

 

Forms / Filing mode

 

Companies Act, 2013

 

Within 180 Days From The Date Of Incorporation Of The Company

(one time compliance only)

 

As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.

MCA E- Form INC 20A

(one time compliance)

 

 

Companies Act, 2013

 

First declaration within 90 days from the date of notification Dt. 08.02.2019

 

 

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

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

i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019

 

In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.

 

Form BEN-1

Draft Format available at

LINK

Companies Act, 2013

 

within 30 days of acquiring beneficial interest

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

 (the date of receipt of declaration in BEN-1 )

CLICK HERE

Form BEN – 2

(e-form deployed by Ministry (ROC)) on 01.07.2019

Companies Act, 2013

 

One time Compliance

Filing of the particulars of the Company & its registered office.

(by every company incorporated on or before the 31.12.2017.)

 

Active Form

INC -22A

Companies Act, 2013

 

Annual Compliance

(30.09.2021)

*DIN KYC through DIR 3 KYC Form is an Annual Exercise.

Last date for filing DIR-3 KYC for Financial year 2020-21is 30th September, 2021

 

Annual Exercise:CLICK HERE

Penalty after due date is Rs. 5000/-(one time)

 

E-Form DIR – 3 KYC

(Web Based and E-form)

 

Companies Act, 2013

Within 270 days from the date of deployment of this Form

Annual Return To Be Filed By Auditor With The National Financial Reporting Authority

CLICK HERE

CLICK HERE

Click Here

Note on NFRA -2Click Here

NFRA-2

(NFRA-2 e-Form live since 9th December 2019.)

Companies Act, 2013

Within 15 days of appointment of an auditor.

The Ministry in its General Circular No. 12/2018 dated 13th December, 2018 clarified that filing of Form NFRA-1 is applicable only for Bodies Corporate and ruled out filing by Companies as defined under sub-section (20) of Section 2 the Act.

E – Form

NFRA -1

Companies Act, 2013

Within 30 days of the board meeting

Filing of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed.

MGT-14

 (Filing of resolution with MCA)

 

 

 

Companies Act, 2013

Within 60 (sixty) days from the conclusion of each half year.

Reconciliation of Share Capital Audit Report (Half-yearly)

Pursuant to sub-rule Rule 9A (8) of  Companies (Prospectus and Allotment of Securities) Rules, 2014

To be filed all unlisted companies, deemed public companies

Till further clarification to be filled in GNL-2

E-Form PAS – 6

 

Companies Act, 2013

30th June, 2021

Every company must file DPT 3 for outstanding loans annually.

 

The Companies (Acceptance of Deposits) Amendment Rules, 2019,

E-Form DPT – 3

 

Companies Act, 2013

(Half Yearly basis)

Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise

E-Form MSME-1

 

Companies Act, 2013

One-time compliances

Application for issue of immunity certificate under the Companies Fresh Start Scheme (CFSS) 2020  

E-Form CFSS

 

Companies Act, 2013

One Time compliances           

Registration of Entities for undertaking CSR activities         - Trust/ Society/ Section 8 Company need to file before Acceptance of Donation as CSR w.e.f. 01st April 2021

E-Form CSR-1

 

v LLP Compliance:

 

 

Applicable Laws/Acts

 

 

Due Dates

 

Compliance Particulars

 

Forms / Filing mode

 

LLP Act, 2008

 

within 60 days from the closure of the financial year

(date extended till 31.08.2021)

LLP Annual Filing- An annual statement for submitting details of the business of the LLP and its partners for the FY 2020-21

Form LLP-11

 

 

 

 

 


 

 

 

r KEY UPDATES – July, 2021:

 

1. LLP Amendment Bill, 2021

Cabinet approves amendments to LLP Act

The Cabinet on 28th day of July, 2021, Wednesday, approved amendments to the Limited Liability Partnership (LLP) Act for decriminalising offences under the lawas the government looks to improve ease of doing business and encourage start-ups. LLPs are becoming popular among start-ups.

Currently, there are 24 penal provisions in the LLP Act, 21 compoundable offences, and three non-compoundable offences. After the amendments, the penal provisions will be cut to 22, compoundable offences will be only seven and non-compoundable will remain the same.

Key Highlights:

1.      Total of 12 offences to be decriminalized under LLPs.

2.      Many of the startups can also benefit from the ease of doing business.

3.      Criminality has been removed to provide ease of doing business to law-abiding corporates in LLP firms.

4.      The 12 decriminalised offences will then get shifted to an internal adjudication mechanism to help unclog criminal courts from routine cases.

5.      The government has also approved creation of a class of small LLPs to encourage entrepreneurs. These LLPs will be subject to fewer compliances, reduced fee or additional fee, and smaller penalties in the event of default.

6.      The changes, including removing criminal action for failure to comply with provisions of the Act, will help about 2.30 lakh such firms in the country.

7.      "A penalty in the form of a fine has been decided for violations of general trends. This boosts Aatmanirbhar Bharat.

 

q  New Concepts:

Definition of Small Company:

1.      The government will also introduce a new definition of small LLPs based on their turnover size and contributions by partners or proprietors. At present, there are relaxations for thresholds up to turnover size and partner’s contribution of Rs 40 lakh and Rs 25 lakh, respectively.

 

2.      “Now, Rs 25 lakh will go to Rs 5 crore and Rs 40 lakh turnover size will now be treated as Rs 50 crore. So, even Rs 5 crore contribution and Rs 40 crore or Rs 50 crore turnover will be treated as a small LLP, which means we are expanding the scope of what can be a small LLP.

Lower compliance will incentivise unincorporated micro and small partnerships to convert into the organised structure of an LLP and derive its benefits.The corporate affairs ministry is also working towards setting up an e-adjudication platform as part of the new version of the MCA21 portal.

q Important Updates

*            MCA Monthly UPdate Calendar: JULY, 2021

 

Sl.

 

Particulars of the Circulars

Link

1

Extension of last date for submission of public comments to 30th July, 2021 for Consultation Paper on Enhancing Engagement with Stakeholders

 

Click Here

2

Refer the attached file for the list of forms for which additional fee waiver shall be made available/ extended in line with the General Circulars 11/2021 and 12/2021.

 

Click Here

3

In line with the extension provided in General Circular 11/2021 issued by the Ministry of Corporate Affairs, stakeholders shall be allowed to file various forms due for filing between 1st April 2021 to 31st July 2021 under the Companies Act 2013 or LLP Act, 2008 without payment of additional fees up to 31st August 2021. Please refer the list of forms under Latest News Section.

 

 

 

 

 

Click Here

4

In line with the extension provided in General Circular 12/2021 issued by the Ministry of Corporate Affairs, Additional Fee/Ad valorem fee in respect of Charge documents viz. CHG-1 and CHG-9 shall be calculated after excluding No. of days between 01st April 2021 to 31st July 2021 based on the event date entered in the form.

 

 

 

 

 

Click Here

5.

E-form CFSS-2020 may be filed till 31st August 2021. Stakeholders may please note and plan accordingly.

 

Click Here

6.

Publication of notice u/s 75 of the LLP Act, 2008 read with sub Rule 1(b) read with Rules 37(2)

 

Click Here

7

Shri Rao Inderjit Singh takes charge as Union Minister of State in Ministry of Corporate Affairs

 

Click Here

8

List of Disqualified Directors(2019-2024) u/s 164(2)(a) r/w section 167 of the Companies Act 2013

 

Click Here

9

New eform MGT-7A and revised eform MGT-7 in line with the Companies (Management and Administration) Amendment Rules, 2021 is now available for filing under MCA21 Company forms download page. Stakeholders are advised to check the latest version before filing.

 

 

 

 

Click Here

10

Publication of notice u/s 75 of the LLP Act, 2008 read with sub Rule 1(b) read with Rules 37(2)

 

Click Here

11

Report of the Committee to Review CARO, 2016 under the Companies Act, 2013 dated 28.06.2021

 

Click Here

12

Companies (Incorporation) Fifth Amendment Rules 2021

Click Here

13

Commencement notification dated 22.07.2021

Click Here

14

Clarification on spending of CSR funds for COVID-19 vaccination - reg

 

Click Here

 


DISCLAIMER: The Article is based on the Relevant Provisions and as per the information existing at the time of the preparation. In no event we shall be liable for any direct and indirect result from this document. This is only a knowledge sharing initiative.

Author CS DEEPAK SETH can be reached at 9910248911 and contacthhpto@gmail.com


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