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286 / 2023



Quote of the day

"Do not live someone else's life and someone else's idea of what womanhood is. Womanhood is you"

- Viola Davis

“I waited for 30 years to realise my dream” said Rachel Shetty, Team Manager of the U19 Women’s cricket team which won the first ever U19 World Cup in January, 2023.  What was her dream ? of wearing the India team’s blue jersey. She dreamt of it as a 23 year old and had to wait for 30 years to see it coming true – not as a player but as a manager and coach. In the interim, Rachel donned many hats of a wife, mother, corporate honcho, motivational speaker, Professor of Sports Management and Lions club leader travelling across the world. All along, her dream, her desire was kept alive AND she was working towards the same in different ways !

This was one of the key messages from the dynamic, effervescent and articulate Rachel on the eve of #IWD2023, celebrated by the Bangalore chapter of ICSI, where many women (including me) with 20+ years in the profession of company secretary were felicitated. It is worth recalling her talk on this occasion, as she narrated her personal experience interacting with the U19 girls who are predominantly from the hinterland of India.

Rachel is proud that from a TIME when girls could only have a peek at the Karnataka State Cricket Association Stadium since they were not allowed inside to NOW where she can speak to all of them inside the stadium, she has come a long way. So has the women’s cricketing journey. She is a proud blue jersey wearer and has proved that “She has become an overnight success after 30 years” !!

If you are inspired by this talk, do stay on to catch up with the regulatory updates for March, 2023 as FY22-23 draws to a close with many hits and misses – globally perhaps the latter though India continues to be the star of hope !

For any previous issues of Samhita and the readers’ feedback, please visit http://www.sharadasc.com/resource-center/.

Happy Reading,

S.C. Sharada


Regulatory Updates

Adjudication Orders under Companies Act, 2013

The Registrars of Companies across the country have been exercising their powers as Adjudicating Authorities to issue Orders adjudging penalties under the Companies Act, 2013.

Our team has compiled and summarised the Adjudication Orders for the period January- March 2023 as available on the MCA portal. While many Orders have been passed against suo moto applications, corporates may note that ROCs are issuing notices for seemingly small violations like lapses in letterhead, not mentioning CIN or website, DIN, not affixing the name board at the registered office.

Click here to read the summary of the ROC Orders.

SEBI Updates

Operational Guidance on amendments to SEBI Buy-Back Regulations

Vide Notification dated February 07, 2023 SEBI had notified the SEBI (Buy-Back of Securities) (Amendment) Regulations, 2023 (“Amendment Regulation”). SEBI has released operational guidance on the Amendment Regulations vide Circular dated March 08, 2023.

The operational guidance includes guidelines on:

Open SEBI Circular dated March 08,2023

Book closure and record date reporting on NEAPS

NSE vide Circular dated March 21,2023 has clarified that listed entities required to report the Book Closure and Record Date for all corporate actions like declaration of dividend, bonus issue etc. to NSE pursuant to Regulation 10 of LODR, should report the same separately on the NEAPS portal under the Corporate Actions tab and not the Outcomes of Board / Shareholders Meeting tab.

Open NSE Circular dated March 21, 2023

Additional disclosures in Annual Secretarial Compliance Report (ASCR) by PCS

NSE vide Circular dated March 16, 2023 has notified some additional disclosures and affirmations to be provided by the Practicing Company Secretaries (PCS) in their Annual Secretarial Compliance Report (ASCR). Additional columns have been added in the ASCR as well.

Highlights are given below:

The above mentioned requirements shall be applicable from FY ended 31 March 2023.

Open NSE Circular dated March 16, 2023

IBBI Update

Revised format for filing application of CIRP online

Pursuant to the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 an applicant initiating Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor is required to submit a copy of the application to IBBI before filing it with the Adjudicating Authority.

Considering the difficulties in physical submission of the application, IBBI had added a link on their website allowing the application to be submitted online. These applications were then forwarded to the Information Utilities (IU).

To ensure filing of authentic information with the Board and further enable Board to share information relating to the application for initiation of CIRP with the IU efficiently, a revised format has been introduced vide the Circular dated March 04, 2023.

Open IBBI Circular dated March 04, 2023

IT Updates

CBDT notifies ITR forms for AY 2023-24

CBDT has notified ITR forms for AY 2023-24 (Excluding ITR-7) vide Notification No. 04/2023 dated: February 10, 2023 and notified ITR-7 vide Notification No. 05/2023-Income Tax Dated: February 14, 2023. CBDT amended notified ITR first vide Notification No. 8/2023-Income Tax dated February 28, 2023 and now its amended the same for the second time vide corrigendum Notification.

Open CBDT Notification dated March 03, 2023

Mobile app, namely, "AIS for Taxpayer"

The Income Tax Department has launched a Mobile app, namely, ‘AIS for Taxpayer’ to facilitate taxpayers to view their information as available in the Annual Information Statement (AIS) / Taxpayer Information Summary (TIS). ‘AIS for Taxpayer’ is a mobile application provided free of cost by the Income Tax Department and is available on Google Play & App Store. The app is aimed to provide a comprehensive view of the AIS/TIS to the taxpayer which displays the information collected from various sources pertaining to the taxpayer.

Open Press Release dated March 22, 2023

GST Updates

No restriction for GST Registration for professionals on residential address

The Minister of State for Finance, Pankaj Chaudhary has clarified in the Rajya Sabha on March 14, 2023, that there is no restriction on Professionals for obtaining GST Registration if they are operating from residential premises.

GST dept to scrutinise I-T, MCA data to identify entities not paying taxes

The GST department will soon begin analysing ITRs filed by businesses and professionals and also MCA filings to ascertain if the entities are adequately discharging their GST liability, to widen the taxpayer base.

Currently, there are 1.38 crore registered businesses and professionals under the GST, which was launched on July 1, 2017. Businesses in manufacturing and services sectors with annual turnover of more than Rs 40 lakh and Rs 20 lakh, respectively are required to register themselves under the GST and file tax returns. "We will be doing data triangulation based on the information available with the I-T department. If as per the analysis, the entities which should be paying taxes under GST are not doing so, then initially we will be sending a gentle inquiry," an official told PTI.

Advisory for the taxpayer wishing to register as "One Person Company" in GST

As per the provision of section 2(62) of the Companies Act, 2013 “One Person Company” (OPC) is defined as a company which has only one person as member. Some issues have been raised by the persons registering as OPC while they take GST registration. Upon analysis, it has been noticed that the option of choosing One Person Company is not there in form notified by CGST/SGST Acts and hence not available on the GSTN portal also. As a work around, it is advised that in the ‘Part B’ of GST Registration Form ‘REG-01’, applicant may select option “Others” and mention “One Person Company” in the text field and follow the steps for a normal registration application to complete the process.

Open GST advisory

SOP for cancellation of GST registration & repository of non-genuine taxpayers

Non-genuine taxpayer is the one who issues invoice under GST Act without actual supply of goods or services to pass on inadmissible tax credit of ITC to the claimant. GST Authorities have detected large number of taxpayers involved in use of fake invoices and wrongful availment/utilization of ITC. In view of these circumstances, it is necessary to have a standard operating procedure for-

Maharashtra Amnesty Scheme

Honourable Deputy CM(Finance) Shri Devendra Fadnavis has announced GST Amnesty scheme under the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Act, 2023’ during the Maharashtra State Budget 2023 speech on March 9, 2023. This Scheme is applicable on various taxes levied by GST Department before introduction of GST Act and duration of this Amnesty Scheme will be from May 1, 2023 to October 31, 2023. Complete waiver of the arrears in cases where arrears are Rs. 2,00,000/- or less per year. As a result, small dealers will be benefited in around one lakh cases. Dealers having arrears up to Rs. 50 lakhs or less per statutory order will pay only 20% amount and balance 80% will be waived. As a result, medium dealers will be benefited in around eighty thousand cases.

Note: The contents of this Newsletter are only a summary and has not dealt with any issue in detail. Any action taken or proposed to be taken must be in consultation with professionals and not merely based on the articles / news updates. S. C. Sharada & Associates disclaims all liability on action taken without professional advice.

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