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    Finance Minister Smt. Nirmala Sitharaman chairs Pre-Budget consultation with Finance Ministers of States
    Cabinet approves Memorandum of Understanding between Competition Commission of India and Competition Commission of Mauritius
    CCI approves acquisition of controlling stake in Forbes Enviro Solutions Limited by Lunolux Limited
    GENERATION OF JOBS BY STARTUPS
    IBBI organises a Workshop on “Committee of Creditors: An Institution of Public Faith”
    More than 7 lakh companies incorporated after announcement of Make in India programme
    12,892 companies removed from Registrar of Companies in 2020-21
    India’s Demat account holders more than double in 3 years to 7.38 crore in Oct. 2021
    Finance Minister Smt. Nirmala Sitharaman participates in G-20 Seminar on “Recover Together, Recover Stronger”
    Single Window System
    Monitoring of Cooperative Banks
    Strengthening the Cooperative Movement
    Measures taken by MCA to ameliorate difficulties faced due to COVID-19 pandemic
    Government approves strategic disinvestment of Central Electronics Ltd.
    17,130 Implementing Agencies are registered with MCA21 registry
    Centre releases two installments of tax devolution to State Governments amounting to ₹ 95,082 crore as against normal monthly devolution of S...
    Union Finance Minister Smt. Nirmala Sitharaman hands over credit sanction letters to 145 beneficiaries for ₹ 306 crore in Jammu FM launches new ...
    Union Finance Minister Smt. Nirmala Sitharaman inaugurates development works of around ₹ 165 crore, including Sub-Projects under Jhelum & Tawi f...
    Union Finance Minister to engage with Chief Ministers, Lt. Governors of Union Territories and State Finance Ministers on Monday
    Ministry of Corporate Affairs and IEPFA further simplify IEPFA Claim Settlement Process towards Ease of Doing Business and Ease of Living
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    December 30, 2021
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    Pre-budget consultation gathers state fiscal inputs and reviews central pandemic support measures for consideration in the Union Budget.
    Pre-budget consultation chaired by the Union Finance Minister convened state and union finance officials to solicit inputs for the Union Budget, reviewing central fiscal support measures such as enhanced borrowing limits, back-to-back loans, and capital expenditure assistance. Participants submitted suggestions for the Budget Speech, which the Finance Minister received and committed to examine for possible inclusion.
    December 22, 2021
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    Competition law cooperation enhances cross-border enforcement and capacity building through MoU between two competition authorities.
    Approval of a Memorandum of Understanding establishes a framework for cooperation in competition law and policy between the Competition Commission of India and the Competition Commission of Mauritius, providing for exchange of information, sharing of best practices, technical and enforcement cooperation, and capacity building under the authority of Section 18 of the Competition Act, 2002.
    December 21, 2021
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    Competition approval for acquisition of controlling stake enabling change of control in consumer appliances and safety business.
    Competition approval by the Competition Commission of India under Section 31(1) authorises Lunolux Limited's acquisition of a controlling stake in Forbes Enviro Solutions Limited, structured as a primary purchase followed by an open offer under the SEBI takeover regime, transferring control of the target's Health and Safety Business comprising water purifiers, air purifiers, security solutions, vacuum cleaners and electric air cleaning systems.
    December 15, 2021
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    Startup support schemes expand private investment and procurement access for startups through fund channels and regulatory relaxations.
    The Government supports startup growth through two financing mechanisms: the Fund of Funds for Startups (FFS), administered via SIDBI to back SEBI registered AIFs that invest in startups through equity instruments, and the Startup India Seed Fund Scheme (SISFS), which channels seed funding to startups via approved incubators; alongside regulatory and procurement reforms-permitting institutional investment into AIFs, relaxing prior turnover and experience criteria for tenders, waiving earnest money deposits, and creating a dedicated GeM procurement channel for startups.
    December 14, 2021
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    Committee of creditors as an institution of public faith: workshop urged prudent commercial decision making and stakeholder balancing.
    A one day hybrid workshop convened by the insolvency regulator with banking industry partners aimed to build capacity among senior financial creditor representatives so Committees of Creditors discharge statutory duties with care and diligence, prudently apply commercial wisdom in decision making, and consider and balance the interests of all stakeholders in insolvency resolution.
    December 14, 2021
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    Company incorporations after Make in India signal uptake in corporate registration and reflect emphasis on ease of doing business.
    The press release reports aggregated counts of companies incorporated after the Make in India launch and the numbers retaining Active status, presenting company formation as a measurable indicator of the initiative's promotion of manufacturing, investment, innovation and ease of doing business and linking these incorporations to the programme's objective of encouraging entrepreneurship and domestic manufacturing.
    December 14, 2021
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    Company name removal: registrar may remove inactive companies after due process when no dormant application is filed.
    The Registrar may remove a company's name where there is reasonable cause to believe the company has not carried on business for the two immediately preceding financial years and has not applied for Dormant Company status; companies may also apply for name removal by an online application and may apply to obtain dormant status under the Act.
    December 13, 2021
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    Investment adviser regulation strengthened alongside rapid Demat account growth, highlighting adviser coverage and market participation dynamics.
    Demat account holders increased to 7.38 crore and mutual fund investors to around 2.75 crore as of October 31, 2021, with year on year increases in Demat accounts over recent financial years; the ratio of investors to Registered Investment Advisers highlights investor distribution. The SEBI (Investment Advisers) Regulations, 2013 and subsequent amendments of July 2020 are noted as the regulatory framework governing investment advisers, with a modest rise in registered Investment Advisers during the period.
    December 9, 2021
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    Multilateral coordination required to secure equitable vaccine access and mobilise green finance for inclusive economic recovery.
    Promotes multilateral policy coordination emphasising Inclusion, Investment, Innovation and Institutions to achieve an inclusive, sustainable recovery; calls for affordable, equitable access to vaccines and therapeutics to close recovery gaps and cites cross border vaccine supply as coordinated action. Urges enhanced infrastructure investment and mobilisation of green finance and green technologies for developing countries to incentivise and accelerate low carbon growth and enable rapid, stable returns to economic expansion.
    December 9, 2021
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    National Single Window System centralises regulatory approvals via a digital portal to guide investors through applicable licences and clearances.
    National Single Window System is an online one-stop portal that integrates existing clearance systems of multiple Central Ministries/Departments and participating State Single Window systems to provide end-to-end investor facilitation, including pre-investment advisory, land-bank information and unified access to statutory clearances. The portal features a Know Your Approvals (KYA) wizard that, via an interactive questionnaire and Information Toolbox, generates an indicative list of applicable pre-operation approvals and licences from Central and State authorities to guide investors on applicability and application pathways.
    November 30, 2021
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    Cooperative governance responsibilities clarified: Ministry to set policy, regulate multi state societies and train cooperative personnel.
    The Ministry of Cooperation is responsible for formulation and coordination of cooperative policy and oversight, including promotion of a cooperative-based economic development model, strengthening the cooperative movement to the grassroots, creation of policy, legal and institutional frameworks, matters relating to national cooperative organisations and the National Cooperative Development Corporation, incorporation, regulation and winding up of cooperative societies operating across States with Central Government administrative responsibility for units under its control, and training and education of cooperative personnel.
    November 30, 2021
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    Ministry of Cooperation mandate expands central oversight of multi-state cooperatives and prioritises legal, digital and training reforms.
    Creation of a dedicated Ministry of Cooperation centralises policy, coordination and legal-institutional frameworks for cooperatives, covering national cooperative organisations, the National Cooperative Development Corporation and administration of Multi-State Cooperative Societies under the MSCS Act, 2002. The sector is split between State Cooperative Societies (state jurisdiction) and Multi-State Cooperative Societies (central jurisdiction). Priority reforms include amendment of the MSCS Act, computerisation of Primary Agricultural Credit Societies, and enhanced training, alongside coordination of cooperative-related schemes; a state-wise statistical snapshot supports these priorities.
    November 30, 2021
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    Corporate compliance relief: pandemic-era waivers, timeline extensions and virtual meeting relaxations to ease statutory filings and governance.
    Relief measures permitted belated filing of statutory forms without additional fees and immunity from prosecution through the Companies Fresh Start Scheme and LLP Settlement Scheme; subsequent circulars extended and tailored condonation and fee relief for various e forms including charge filings and restorations. Governance flexibilities allowed meetings and AGMs by video conferencing, extended intervals between Board meetings and relaxed certain director residency and procedural requirements. Reporting and audit timelines and formats were amended or extended, electronic transmission of documents was allowed, and specified CSR and debenture investment obligations were temporarily relaxed to ease pandemic related compliance burdens.
    November 29, 2021
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    Strategic disinvestment approved: government equity in Central Electronics Ltd sold to highest bidder; LoI and SPA to follow.
    Approval was granted for the strategic disinvestment of Central Electronics Ltd. by sale of 100% Government equity to the highest bidder after a competitive process; M/s Nandal Finance and Leasing Pvt Ltd's bid exceeded the independently fixed reserve price. The procedure included issuance of revised RFP/SPAs, bidder shortlisting, Virtual Data Room access, due diligence, sealed financial bids and multilayered ministerial approvals. Next steps are issuance of a Letter of Intent and signing the Share Purchase Agreement, followed by satisfaction of conditions precedent and requisite clearances prior to closing.
    November 29, 2021
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    Corporate Social Responsibility registration: implementing agencies must register and companies must disclose CSR spending annually.
    The Companies Act framework permits boards to implement CSR directly or through Implementing Agencies, and the CSR Rules require Implementing Agencies to be registered with the Central Government. CSR is disclosure-based: CSR-mandated companies must disclose annual CSR expenditure and related details in the board report and financial statements filed on MCA21 within 30 days of the Annual General Meeting, which must occur within six months of the financial year end. A ministry circular temporarily relaxed additional filing fees for 2020-21 filings.
    November 23, 2021
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    Tax devolution boosts transfers to states to strengthen fiscal space and reflect November net proceeds allocation.
    The Central Government released two installments of tax devolution on 22 November 2021 totaling Rs. 95,082 crore, above the normal monthly devolution, to strengthen State fiscal space and support investment and infrastructure. These transfers form part of the Net Proceeds of Union Taxes and Duties for November 2021 and are accompanied by a state-wise distribution schedule detailing amounts allocated to each State and UT.
    November 23, 2021
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    Credit support for entrepreneurship expanded with targeted loan schemes for women and tourism, plus rural infrastructure funding.
    A programme of expanded credit support and new lending products for Jammu & Kashmir was announced, combining sanctioning of loans under existing credit-linked schemes (PMEGP, MUDRA, SHGs, JLGs) with launch of bank-run schemes-Tejasvini for women entrepreneurs, Shikhar for hotel, tour and tourism sector credit, and Shikara for Shikara purchase/repair-and a SIDBI cluster development fund. Complementary measures include RSETI infrastructure, new bank branches, NABARD-supported FPO registrations and increased RIDF commitment to boost rural infrastructure and ground-level bank credit in the Union Territory.
    November 23, 2021
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    Jhelum and Tawi Flood Recovery Project restores services and funds resilience, including activation of emergency COVID response measures.
    The Jhelum and Tawi Flood Recovery Project (JTFRP) restores essential services and upgrades design standards for resilience by funding health, education, urban infrastructure and disaster management sub-projects, including an Emergency Operation Centre and SCADA facility. Supported by external credit financing, the project activated its Contingency Emergency Response Component for the COVID-19 response to procure medical equipment and oxygen generation capacity, and promotes economic recovery through artisan cluster development and cultural heritage promotion.
    November 12, 2021
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    Investment promotion to enhance inflows through collaborative centre-state engagement and streamlined approvals and Ease of Doing Business reforms.
    A federal consultation will align central and state authorities around a national investment promotion agenda by exchanging proposals to enhance the investment climate, streamline approvals and clearances, extend Ease of Doing Business reforms to Urban Local Bodies, and coordinate centre-state facilitation to attract inward capital and sustain growth.
    November 12, 2021
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    IEPFA claim settlement simplification enhances claimant access through trust-based procedures and relaxed documentary requirements for shares and refunds.
    Revision of the IEPFA Claim Settlement Process rationalises documentary and procedural requirements under the IEPFA Rules, 2016. For claimants, the changes waive advance receipt, relax succession documentation criteria for physical and demat shares up to specified thresholds, replace notarisation with self attestation, and ease affidavits and surety needs. For companies, requirements for Unclaimed Suspense Account documentation are eased, acceptance of transmission documents is aligned with internal procedures, and the newspaper advertisement requirement for lost physical share certificates is relaxed within monetary limits. The adjustments endorse a trust based model to speed processing and increase claimant participation.

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      Corp. Laws, SEBI & IBC

      Measures taken by MCA to ameliorate difficulties faced due to COVID-19 pandemic

      November 30, 2021

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      The Ministry of Corporate Affairs (MCA) administers the provisions of the Companies Act, 2013 (the Act), The Limited Liability Partnership Act, 2008 and The Insolvency and Bankruptcy Code, 2016. MCA does not maintain data on event base. This was stated by the Union Minister of State for Corporate Affairs Shri Rao Inderjit Singh in reply to a question in Lok Sabha.

      However, the Minister stated, the total number of new companies registered from 1.04.2016 to 31.3.2021 and till date is as per Annexure A.

      Giving more details, the Minister stated that the term “closed company” is also not defined under the Act. However, pursuant to the provisions of section 248 (1)  of the Act where the Registrar has reasonable cause to believe that companies that are not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455, shall after following the due process of law, struck off those companies from the Register of Companies.

      The Minister further stated that companies are also dissolved through amalgamation or otherwise with the approval of the Hon’ble courts.  Accordingly, the details of number of such companies from 1.04.2016 to 31.3.2021 and till date are as per Annexure B.

      The Minister further stated the measures taken by MCA to address the ameliorate difficulties faced due to COVID-19 pandemic:

      1. The Companies Fresh Start Scheme, 2020 was launched to make a fresh start for companies to be a fully compliant company by allowing them to file belated documents in MCA 21 registry without any additional fees from 1st April to 31st December 2020. The said scheme has also given immunity from prosecutions and proceedings for imposition of penalty which might arise on account of such delayed filing of documents. As per records, 473131 number of Indian Companies and 1065 number of Foreign Companies have been benefited by availing the CFSS, 2020 scheme for filing their pending documents.
      2. The MCA introduced an LLP Settlement Scheme, 2020 to provide one-time relaxation in additional fees to the defaulting Limited Liability Partnerships (‘LLPs’) to make good their defaults by filing pending documents with the Registrar of Companies (‘ROC’ or ‘Registrar’) to ease the hassle of business enterprises.  The said scheme was initially rolled out from 16.03.2020 to 31.03.2020 for certain filings by LLPs. However, due to the COVID 19 pandemic the modified scheme to cover all e forms was rolled out from 01.04.2020 to 31.12.2020. Under the said scheme, the defaulting LLPs were permitted to file belated documents and the LLPs shall not be subjected to prosecution for such defaults.  As per records 105643 LLPs have been benefited by availing the LLP settlement scheme 2020 for filing their pending documents.
      3. Keeping in view the second COVID wave and considering the difficulties arisen due to resurgence of COVID-19 pandemic, the Ministry has granted relaxation on levy of additional fees for companies / LLPs in filing certain forms (other than a CHG-1 Form, CHG-4 Form, and CHG-9 Form). Accordingly, no additional fees shall be levied up to 31st July 2021 for the delayed filing of forms (other than charge related forms referred above) which were / would be due for filing during 1st April, 2021 to 31st May, 2021. For such delayed filings up to 31st July 2021 only normal fees shall be payable. The said time limit has been further extended to 31st August 2021 vide General Circular No.11/2021 dated 30.06.2021.
      4. In the wake of COVID 19 and to provide relief to law abiding companies a scheme was launched for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 during the period from 01st March to 31st December, 2020. 
      5. Considering the difficulties arisen due to resurgence of COVID-19 pandemic, the Ministry vide General Circular no. 7/2021 dated 03.05.2021 has granted relaxation of timelines and condoned the delay in filing forms that are related to creation / modification of charges (CHG-1 Form and CHG-9 Form) by a company or charge holder and where the date of creation / modification of charge is (i) before 1.4.2021, but the time line for filing such form had not expired under section 77 of the Act as on 1.4.2021; or (ii) falls on any date between 1.4.2021 to 31.5.2021 (both dates inclusive). In the said circular, the detail of relaxation of time and applicable fees for filing the aforesaid forms was prescribed.  The Ministry further extended the aforesaid relaxation in the time for filing forms related to creation or modification of charges under the Companies Act, 2013 by substituting the figures “31.05.2021” and “01.06.2021” wherever they appear in the General Circular No. 07/2021 dated 03.05.2021 with the figures “31.07.2021” and “01.08.2021” respectively.
      6. MCA has announced a Condonation of Delay Scheme for Companies restored by NCLT between 1st December, 2020 to 31st December, 2020 under section 252 of the Companies Act, 2013. The Scheme provides to condone delay in filing forms with the Registrar, and spares payment of additional fees. This Scheme was in operation from 01st February 2021 and was available for filing of any overdue e-forms by such companies till 31st March 2021.
      7. In order to provide relief to the companies in view of COVID-19 pandemic, the companies have been allowed to conduct Board Meetings through Video Conference (VC) or other audio-visual means for passing resolutions in respect of matters which were earlier required to be passed in meetings which required physical presence of directors by amending the Companies (Meetings of Board and its Powers) Rules 2014 from time to time during COVID-19 pandemic.  Such facility to the companies was allowed till 30th June, 2021. (Initially it was till 30.06.2020, then extended to 30.09.2020 and 31.12.2020).  Thereafter, considering the second COVID wave, Rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014 has been omitted vide notification dated 15.06.2021 to provide that all the matters can be deliberated & resolutions passed by Board of Directors through video conferencing or other audio visual means. The measure will provide increased flexibility to Boards of companies for conducting Business and further the Ease of Doing Business objective of the Government.
      8. The companies have been allowed to hold Extraordinary General Meetings (EGMs) through Video Conferencing (VC) or other audio-visual means (OAVM) complemented with e-Voting facility/simplified voting through registered emails till 30th June, 2021.  Considering the second wave of COVID-19, the Ministry has extended the aforesaid time limit to 31st December, 2021.
      9. The companies have been allowed to conduct their Annual General Meetings (AGMs) by Video Conferencing (VC) or other audio-visual means (OAVM) whose AGMs were due to be held in the year 2020 or become due in the year 2021 to conduct their AGMs on or before 31.12.2021.  Owing to the difficulties in sending physical copies of the financial statements, the companies are also allowed to send the financial statements, along with Board’s reports, Auditor’s reports and other documents required to be attached therewith, only through email.
      10. The Registrar of Companies on the advice of Ministry had given extension of time in holding of Annual General Meeting for the financial year ended on 31 March, 2020 till 31st December, 2020 (The maximum period which can be extended by the Registrar of Companies under section 96 of the Act).
      11. Quality of disclosures strengthened through amendments made in the formats of financial statements, Companies (Accounts) Rules, Companies (Audit and Auditor’s) Rules and the Companies (Auditor’s Report) Order, 2020. The Companies (Auditor's Report) Order, 2020 has now been made applicable from the audit of financial statements for the financial year 2021-22 to ease the compliance requirement by auditors and the companies.
      12. The Companies (Indian Accounting Standards) Rules, 2015 have been amended vide notification dated 18.06.2021 inter-alia to extend the benefits of COVID-19 related rent concession, that were introduced last year, from 30th June, 2021 to 30th June, 2022.
      13. The mandatory requirement of holding meetings of the Board of the companies within the intervals provided in section 173 of the Companies Act, 2013 (CA-13) (120 days) were extended by a period of 60 days till next two quarters i.e., till 30th September, 2020.  Considering the second COVID wave, the Ministry further extended the aforesaid relaxation for the year 2021-22 and accordingly the time gap between two consecutive meetings of the Board may extend to 180 days during the Quarter – April to June 2021 and Quarter – July to September, 2021, instead of 120 days as required in the Companies Act, 2013.
      14. Independent Directors (IDs) of a company have been given relaxation from holding atleast one mandatory meeting and accordingly for the financial year 2019-20, if the lDs of a company have not been able to hold such a meeting, the same has not been viewed as a violation.
      15. The Ministry enhanced the period to thirteen months from 1st December, 2019 within which existing Independent directors may apply online for inclusion of their names in the databank for Independent Directors vide amendments in the Companies (Appointment & Qualification of Directors) Rules, 2014 from time to time.  Further, the Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019 have been amended vide notification dated 18.06.2021 to provide that in case an individual has delayed in applying to the Institute for inclusion of his name in the data bank of Independent Directors or in case of delay in renewal thereof, the Institute shall allow such inclusion or renewal, as the case may be, after charging a further fees of one thousand rupees on account of such delay. Through this amendment requests made by a large number of stakeholders to grant additional time for delayed applications in view of Covid-19 pandemic have been addressed. 
      16. Timeline for creation of deposit repayment reserve of 20% under section 73(2)(c) of CA-13 and to invest or deposit 15% of amount of debentures under rule 18 of Companies (Share Capital and Debentures) Rules, 2014 was extended till 31st December, 2020.
      17. An additional period of 180 more days has been allowed to comply with the requirement of filing a declaration for Commencement of Business by newly incorporated companies.
      18. Non-compliance of minimum residency in India for a period of at least 182 days by at least one director of every company, under Section 149 of the CA-13 shall not be treated as a non-compliance for the financial year 2019-20 and 2020-21.
      19. Till 31st December, 2020, the inability to dispatch the notice for Rights Issues by listed companies to their shareholders through registered post or speed post or courier would not be viewed as violation of section 62(2) of the Act provided these companies comply with the SEBI Circulars dated 6th May, 2020 and 24th July, 2020 which inter-alia provide the mode/manner of issuance of notice by electronic transmission by listed companies.
      20. Requirement for investing 15% of amount of debentures maturing in a particular year in specified instruments has been done away with for Listed companies & NBFCs when such debentures are issued on a private placement basis.
      21. Time allowed to Auditors and Audit Firms for filing NFRA-2 form with the NFRA has been extended till a total period of 270 days in view of the difficulties faced during COVID-19 related disruption.
      22. The expenditure incurred by companies on activities relating to Central Armed Police Forces (CAPF) and Central Para Military Forces (CPMF) Veterans, and their dependents including widows has been considered as CSR expenditure.
      23. Last date of submission of Cost Audit Report by the Cost Auditor to the management of the company has been extended till 31st December 2020 and additional fee has been relaxed for filing of CRA-4 (form for filing of cost audit report) for financial year 2019-2020. MCA vide circular no. 15/2021 dated 27.09.2021 has extended last date of filing of submission of Cost Audit Report for the financial year 2020-21 by 31st October, 2021 and further extended upto 30th November, 2021 vide circular no. 18/2021 dated 29.10.2021.
      24. MCA vide General Circular No.17/2021 dated 29.10.2021 has provided relaxation on levy of additional fees in filing of e-forms AOC-4  AOC-4 (CFS), AOC-4,  AOC-4 XBRL AOC-4 Non-XBRL and  MGT-7/MGT-7A for the financial year ended on 31.03.2021 under the Companies Act, 2013.

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