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GST Consultants In Bangalore

Proposed Due Dates for Filing GSTR - 3B

30 Jan,2020

Govt has proposed a staggered filing of GSTR 3B, to reduce the load on GST Portal on due date. Govt vide press release dated 22.01.2020 has proposed the following due dates for various tax filers based on the State of the Tax filers and their turnover. Notification to give effect to this change is expected soon.

GSTR - 3B


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Statutory Audit

MCA Notification on CS Appointment and Secretarial Audit

13 Jan,2020

MCA vide notification dated Jan 3, 2020 has made following amendment to Companies(Appointment and Remuneration of Managerial Personnel) Rules,2014 as to requirement of appointment of whole-time company Secretary and Secretarial Audit effective from April 1st2020. As per the amended provisions,  ln case of private companies paid-up capital limit has been increased from five crores to 10 crores, for mandatory appointment of company Secretary. Secondly, the secretarial audit has been made applicable to every company having a loan or borrowing from the bank or financial institutions of Rs 100 crores or more.

Appointment of whole-time company secretary:

Current provision

Provision with effect from April 1st 2020

  1. Every listed company and public companies having a paid-up capital of ten crores or more are required to have a whole-time company secretary

                         or

  1. A Company other than the company mentioned in (i) above having a paid-up share capital of five crore or more are required to have a whole time company secretary.

  1. Every listed company and public companies having a paid-up capital of ten crores or more are required to have a whole-time company secretary

                             or

  1. Every Private Company having a paid up share capital of ten crore or more are required to have a whole time company secretary.

Requirement of Secretarial Audit Report:

Current provision

Provision with effect from April 1st 2020

  1. Every Public company having a paid up share capital of fifty crore rupee or more

 

Or

 
  1. Every Public company having a turnover of two hundred fifty crore rupees or more

  1. Every Public company having a paid up share capital of fifty crore rupee or more

 

Or

 
  1. Every Public company having a turnover of two hundred fifty crore rupees or more

                           Or

 
  1. Every Company having outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more.

 

Explanation:

For the purpose of this sub-rule, it is clarified that the paid up-share capital, turnover, or outstanding loans or borrowings as the case may be, existing on the last date of the latest audited financial statement shall be taken into account.

startup eligibility and tax exemptions

Startup India: Eligibility & Tax Exemptions

30 Dec,2019

Eligibility for Startup India

As per the Startup India Action plan, the followings conditions must be fulfilled in order to be eligible as a Startup :

  • Being incorporated or registered in India for less than 7 years and for biotechnology startups up to 10 years from its date of incorporation.

  • Annual turnover not exceeding Rs 25 crores in any of the preceding financial years.

  • Aims to work towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.

  • It is not formed by splitting up or reconstruction of a business already in existence.

  • It must obtain certification from the Inter-Ministerial Board set up for such a purpose.

  • It can be incorporated as a private limited company, registered partnership firm or a limited liability partnership.

Following tax exemptions have been allowed to eligible startups :

1. 3 year tax holiday in a block of seven years

The Startup incorporated after April 1, 2016, is eligible for getting 100% tax rebate on profit for a period of three years in a block of seven years provided that annual turnover does not exceed Rs 25 crores in any financial year.This will help the startups to meet their working capital requirements during their initial years of operation.

2. Exemption from tax on Long-term capital gains:

A new section 54 EE has been inserted in the Income Tax Act for the eligible startups to exempt their tax on a long-term capital gain if such a long-term capital gain or a part thereof is invested in a fund notified by Central Government within a period of six months from the date of transfer of the asset. The maximum amount that can be invested in the long-term specified asset is Rs 50 lakh. Such amount shall be remain invested in the specified fund for a period of 3 years.If withdrawn before 3 years, then the exemption will be revoked in the year in which money is withdrawn.

3. Tax exemption on investments above the fair market value

The government has exempted the tax being levied on investments above the fair market value in eligible startups. Such investments include investments made by resident angel investors, family or funds which are not registered as venture capital funds. Also, the investments made by incubators above fair market value is exempt.

4. Tax exemption to Individual/HUF on investment of long-term capital gain in equity shares of Eligible Startups u/s 54GB.

The existing provisions u/s 54GB allows the exemption from tax on long-term capital gains on the sale of a residential property if such gains are invested in the small or medium enterprises as defined under the Micro, Small and Medium Enterprises Act, 2006. But now this section has been amended to include exemption on capital gains invested in eligible start-ups also.

Thus, if an individual or HUF sells a residential property and invests the capital gains to subscribe the 50% or more equity shares of the eligible startups, then tax on long term capital will be exempt provided that such shares are not sold or transferred within 5 years from the date of its acquisition. The startups shall also use the amount invested to purchase assets and should not transfer the asset purchased within 5 years from the date of its purchase.

This exemption will boost the investment in eligible startups and will promote their growth and expansion.

5. Set off of carry forward losses and capital gains allowed in case of a change in Shareholding pattern.

The carryforward of losses in respect of eligible start-ups is allowed if all the shareholders of such company who held shares carrying voting power on the last day of the year in which the loss was incurred continue to hold shares on the last day of the previous year in which such loss is to be carried forward. The restriction of holding of 51 percent of voting rights to be remaining unchanged u/s 79 has been relaxed in case of eligible startups.

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