Monday, 26 September 2016

Daily Updates and News

SEBI

SEBI issued a Circular providing the Guidelines for Enhanced Supervision of Stock Brokers/Depository Participants. The Guidelines include the nomenclature for bank accounts and demat accounts which is to be uniformly followed, a Sophisticated alerting and reconciliation mechanism for monitoring the Client’s Funds, Changes in the existing system of internal audit for stock brokers/depository participants and Imposition of uniform penal action in the event of non-compliance with specified requirements. It further requires Stock Exchanges/Depositories to disseminate the information provided in the Circular on their website, make necessary amendments for attaining uniformity and communicate to SEBI the status of implementation in their Monthly Development Reports.
 
CBEC

CBEC has released Draft GST Formats, Forms and Rules. The Board has released Draft Registration Rules & formats, Payment Rules & formats and Invoice Rules & formats for public comments. Further, CBEC has also released Draft formats for each of the Rules mentioned herein which include Application for Registration under the Act, Application for Registration for Non Resident Taxable Person, Application for extension of registration period by Casual / Non-Resident taxable person. Comments on Draft Rules and Formats may be given by 28th September, 2016.


Thanks & Regards,
CS Meetesh Shiroya

Wednesday, 21 September 2016

Daily Updates and News


Attachment of PDF filled & Screen Shot in Image (Picture) While raising TICKET on MCA

This is inform to you that Now You can attached your concern Documents as Filled PDF Form and Error Screen Shot in Ticket itself. There is option of Browse through which you can attached Docs. When you will create a New Ticket through MCA 21 Portal.


GENERAL ADVICE 

While raising any Ticket on MCA Portal it is advised to all Stakeholder to Highlights your Error through Marking in Screen Shot (In Picture), so that your  Query is easily understandable and Specific so that you can get quick solution on Error.


Just See the Image :




Thanks & Regards,
CS Meetesh Shiroya




Monday, 19 September 2016

Daily Updates

MCA

MCA has released the revised the versions of e-Forms – Form CRA-2 (Form of intimation of appointment of cost auditor by the company to Central Government), Form CRA-4 (Form for filing Cost Audit Report with the Central Government), Form SH-8 (Letter of offer for Buy-Back), Form CHG-4 (Form for Satisfaction of Charge thereof) and Form MR-2 (Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors). The revised forms will be available on the portal on the portal w.e.f 22nd September, 2016 of MCA. Stakeholders are advised to download the latest version before filing. Form- wise date of last version change is available at on the website of MCA.



Thanks & Regards,
CS Meetesh Shiroya

Thursday, 15 September 2016

Draft Format For Calculation of CSR Activities








CSR PROVISION




Section 135. Corporate Social Responsibility


(1) Every company having net worth of rupees five hundred crore or more, or

turnover of rupees one thousand crore or more or a net profit of rupees five crore or more

during any financial year shall constitute a Corporate Social Responsibility Committee of the

Board consisting of three or more directors, out of which at least one director shall be an

independent director.


(2) The Board's report under sub-section (3) of section 134 shall disclose the

composition of the Corporate Social Responsibility Committee.


(3) The Corporate Social Responsibility Committee shall,—

(a) formulate and recommend to the Board, a Corporate Social Responsibility

Policy which shall indicate the activities to be undertaken by the company as

specified in Schedule VII;

(b) recommend the amount of expenditure to be incurred on the activities referred

to in clause (a); and

(c) monitor the Corporate Social Responsibility Policy of the company from time

to time.


(4) The Board of every company referred to in sub-section (1) shall,—

(a) after taking into account the recommendations made by the Corporate Social

Responsibility Committee, approve the Corporate Social Responsibility Policy for the

company and disclose contents of such Policy in its report and also place it on the

company's website, if any, in such manner as may be prescribed; and

(b) ensure that the activities as are included in Corporate Social Responsibility

Policy of the company are undertaken by the company.


(5) The Board of every company referred to in sub-section (1), shall ensure that the

company spends, in every financial year, at least two per cent. of the average net profits of

the company made during the three immediately preceding financial years, in pursuance of

its Corporate Social Responsibility Policy:

Provided that the company shall give preference to the local area and areas around it

where it operates, for spending the amount earmarked for Corporate Social Responsibility

activities:


Provided further that if the company fails to spend such amount, the Board shall, in its

report made under clause (o) of sub-section (3) of section 134, specify the reasons for not

spending the amount.


Explanation.—For the purposes of this section “average net profit” shall be calculated

in accordance with the provisions of section 198.




CORPORATE SOCIAL RESPONSIBILITY (CSR) POLICY


This Policy is called “Corporate Social Responsibility Policy” (“Policy”) and will be applicable to the Company from 13th February, 2015


SCOPE


The Company in the initial phase will focus on the following areas for CSR projects from amongst the activities specified under Schedule VII of the Companies Act, 2013 (Act): 

 i. Rural development projects, 

ii. Promoting education, including special education and employment enhancing skills especially among children, women and the differently abled and livelihood enhancement projects,

iii. Contributing funds to technology incubators located within academic institutions which are approved by the Central Government.




POLICY 

The Board shall constitute a CSR Committee in accordance with the Act. The Committee shall formulate and submit to the Board the policy for consideration and approval, recommend the CSR activities the Company may undertake in accordance with those listed in Schedule VII of the Act and the likely amount of expenditure associated with the activities. 

The Board shall, with due attention to Section 135 of the Act for selection of any project, environmental impact, cost, timelines, sustainability, and other relevant factors, 

- Consider and approve the policy formulated by the CSR Committee, subject to necessary changes/modifications as the Board may deem fit.  

- Monitor effective utilisation of funds provided by the Company for CSR activities through appropriate checks and balances. 



CSR CALCULATION SHEET

 
Particulars
2015-16 2014-15 2013-14





Total Revenues of the company



Less: Extraordinary Income, if included in total revenue



Profit from premium of shares/Debentures



Profit from sales of Forfeited shares



Profit in terms of capital natures (in terms of undertaking of company or any part of thereof)



Profit from the sale of immovable property/fixed assets/any capital nature



Any surplus change in carrying amount of an assets or liability recognized in equity reserves.








Total Revenue after extraordinary Income



Less: Total Operating expenditure including operating expenses (i.e. Raw material, wages, stock adjustments, selling and admin expenses)








Operating Profit



Less: Interest








Profit before depreciation and tax



Less: depreciation








Profit before tax



Add back if already included in total expenditure



Income tax and any other tax or income



Compensation, damages or other payments made voluntarily



Loss of capital natures including loss on sale of undertaking of company or any part of thereof



Any transfer to assets/liabilities revaluation reserves



Net Profit according to Section 198








Average Profits








CSR Budget ( 2% of average profits)








 DEDUCTION TO BE MADE


 
Sr. No. Deduction to be Made 2015-16 2014-15 2013-14
1 Usual working charges


2 Directors Remuneration


3 Bonus or Commission


4 Any tax in the Nature of a Tax on abnormal or excess profits


5 Any tax imposed for special reasons


6 Interest on debentures issued by co.


7 Interest on mortgages executed and on loans secured by a charge


8 Revenue expenses on repairs


9 Outgoings inclusive of contributions under section 181 i.e to bonafide charitable and other funds


10 Excess of expenditure over income in previous years computed as per this section


11 Compensations/damages paid in virtue of legal liability


12 Insurance premium


13 Bad debts written off or adjusted






PAT AFTER ALL EXPENSES

 

Particulars 2015-16 2014-15 2013-14
Net Profit After Tax


Add: Profit on sale of immovable property (original cost – WDV)


Less: Premium on sale of forfeited shares, debentures



Profit on sale of immovable property (sale consideration – original cost )



Surplus in p/l on measurement of Assets   & Liabilities







Less: Expenses Allowed



Usual working charges including



Ø  Director’s Remuneration



Ø  Bonus or commission paid to staff



Ø  Tax on abnormal profits



Ø Tax on business profits imposed for special reasons



Ø  Interest on debentures, loans



Ø  Repair expenses other than capital expenditure



Ø  Contribution to charitable trusts u/s 181



Ø  Depreciation



Ø  Prior Period items



Ø  Legal liability for compensation



Ø  Insurance expenses












Add: Expenses Disallowed



Ø  Income tax



Ø  Compensation made voluntarily



Ø  Capital loss on sale of undertaking (not being losses on sale of assets)



TOTAL






Thanks & Regards,
CS Meetesh Shiroya