Big Changes by Ministry of Company Affairs wef 1st April 2021 to enhance transparency

Schedule III of the Companies Act 2013 contains the general instructions for preparation of the Balance Sheet and Statement of Profit and Loss of a Company.

Following are the changes made in the financials/ notes to accounts on account of amendments in Schedule III brought about by MCA:

1. Now companies have to round off the figures appearing in the financial statements, hitherto it was optional. Further, the criteria for rounding off shall be based on “total income” in place of “turnover”.

2. Company shall disclose the Shareholding of Promoters.

3. Current maturities of Long term borrowings shall be disclosed separately.

4. Trade Payables ageing schedule to be given.

5. Trade Receivables ageing schedule to be given.

6. Security deposits shall not be disclosed under ‘Long term loans and advances’ but disclosed under ‘Other non-current assets’.

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7. The company shall disclose the reason for the utilization of funds for purposes other than for which they were borrowed and shall also disclose the purposes for which the funds were utilised.

8. Company needs to disclose if the books of accounts are tallied with the quarterly or monthly returns filed with a banker in cases where the company has borrowed funds from banks on the basis of securities of current assets, or else a separate reco statement needs to be provided.

9. The company shall provide the details of all the immovable property (other than properties where the Company is the lessee and the lease agreements are duly executed in favour of the lessee) whose title deeds are not held and where such immovable property is jointly held with others, details are required to be given to the extent of the company’s share.

10. In cases where revaluation has been done in the case of Property Plant and Equipment, the company shall disclose if the valuation was done by a registered valuer.

 

SEBI – Approved amendments in SEBI LODR Regulations Board Meeting


11. Disclosures to be made where Loans or Advances in the nature of loans are granted to promoters, directors, KMPs and related parties (loans given to promoters as a % of total loans)

12. For Capital-work-in progress, an ageing schedule shall be given

13. For Intangible assets under development, an ageing schedule to be given.

14. Disclosure of any proceedings initiated or pending against the company for holding any Benami property under the Benami Transactions (Prohibition)Act, 1988 to be made.

15. Where a company is a declared wilful defaulter by any bank or financial institution or other lender, details to be given.

16. Disclosure of any transactions with companies struck off

17. Where any charges or satisfaction yet to be registered with Registrar of Companies beyond the statutory period, details and reasons thereof shall be disclosed.

18. Following Ratios to be disclosed:

(a) Current Ratio,(b)Debt-Equity Ratio,(c)Debt Service Coverage Ratio, (d) Return on Equity Ratio,(e) Inventory turnover ratio,(f)Trade Receivables turnover ratio, (g) Trade payables turnover ratio, (h) Net capital turnover ratio, (i) Net profit ratio, (j)Return on Capital employed, (k) Return on investment
(xv) Disclosure of Utilisation of Borrowed funds and share premium to be given
An explanation is required if there’s a change of more than 25% as compared to the preceding financial year.

19. Further disclosures shall be made where the company has received funds from any persons or entities including foreign entities to further lend or invest or provide any guarantee, security to third parties.

20. Where a scheme of arrangement has been approved, disclosure shall be made of the effect of the same on the books of accounts and any deviation from the accounting standards for the same.

Companies Fresh Start Scheme -2020

The Ministry of Corporate Affairs issued Companies Fresh Start Scheme 2020 vide Circular 12/2020 dt 30.3.2020 which applies both public and private companies incorporated under Co Act 1956/2013.

The salient features are:-
(1) permits filing all pending Returns, Statements, Documents for any number of years.

(2) it shall come into operation on 1.4.2020 and remain effective up to 30th Sep 2020.

(3) it applies to all companies
both public or private who failed to file all returns statements or Documents including Annual Return remains for any number of years as on date of filing.

(4) Only normal fees as prevailing on the date of filing shall be payable.

(5)No late fee no penalty no prosecution only normal fees payable.

(6) Prosecution if any pending shall be disposed of after payment

(7) The scheme does not apply to those companies against whom a final notice under Section 248 has been given by ROC for striking off or who applied for striking off or applied for being declared dormant co; vanishing company or dormant company or companies under CIRP

(8) companies who name struck off cannot avail this scheme and have to get their name restored;

(9) Companies can avail this scheme for the purpose of (i) getting themselves dormant under Section 455 and also (ii) getting their name struck off

(10) After payment of normal fees and documents return statement is taken on record, an application shall be filed electronically (without any fees) for obtaining Immunity Certificate but it shall not be filed beyond six months from the date of expiry of the scheme.

(11)Scheme grants immunity against the filing of forms returns and documents but not against any punitive action being done by the company for which suitable can be taken by ROC. For example immunity in delaying in filing return of allotment but not against any illegality committed in allotment of shares.

This is a golden opportunity to file all pending Returns Annual Accounts, Statements including all pending Annual Returns pending for any number of years.

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GST – E-Commerce operators and suppliers

Return filing under GST by E-Commerce operators and suppliers

Under the GST law, an ordinary citizen will be required to outfit three returns month to month and one yearly return. In any case, for specific classes of citizens, there are particular structures that should be documented alongside some specific disclosures.

In this article, we will restrain our discourse to return documenting consistency under GST by web based business administrators and Suppliers.

Find here every one of the insights about different GST return shapes, their materialness, and due dates.

Return Forms to be Filed by E-tailers and Suppliers

Return Form What to file? By When?
GSTR-1 Details of outward supplies of taxable goods and/or services effected 10th of the next month
GSTR-2 Details of inward supplies of taxable goods and/or services affected claiming input tax credit 15th of the next month
GSTR-3 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of the amount of tax. 20th of the next month
GSTR-8 Details of supplies effected through e-commerce operator and the amount of tax collected 10th of the next month
GSTR-9 Annual Return 31st December of next financial year

Let’s perceive how things function through a case. We should expect Mr.A, a broker offers his craftsmanship items through web based business administrator, Amazon

  • On offering the items Mr. A, the provider will document Form GSTR-1 (Outward supply subtle elements), subsequently, the purchaser will have the capacity to see the buys in Form GSTR-2A(Inward supplies points of interest) that gets naturally populated on the recording of GSTR1 by the provider.
  • Purchaser will demonstrate the points of interest of all buys and document GSTR 2
  • The expansion and change done by the purchaser, the beneficiary in Form GSTR-2 will be made accessible to the provider in Form GSTR-1A for his acknowledgment.
  • On the off chance that there is any befuddle between subtle elements provided by provider and beneficiary, a similar will be conveyed by the office
  • Both the gatherings will then make an important alteration, augmentations (assuming any). as indicated by the GST Rules.
  • The TCS gathered by Amazon will be deducted from yield impose before ascertaining the assessment liability.

NOTE: Input credit will be available only when the Monthly returns (Form GSTR-3) are filed by the supplier along with paying tax. The final acceptance of Input Tax credit will be communicated in Form GST ITC-1.

Let’s understand the various rules and their implications in greater detail in case of e-tailers and suppliers

A) Norm and Manner of accommodation of articulation of provisions affected through online business [Rule 8]

(1) Every e-Commer administrator who needs to gather assets at source should outfit an announcement in FORM GSTR-8. Here the administrator will reveal the subtle elements of supplies(goods/administrations) affected through it and the measure of expense gathered.

(2) The subtle elements so outfitted by the administrator will be made accessible electronically to each of the providers in Part D of FORM GSTR-2A(which is a simple auto populace of counter-party i.e provider’s GSTR1 where provider more likely than not uncovered his deals) on the Common Portal after the due date of documenting of FORM GSTR-8.

B) Matching of details furnished by the e-Commerce operator with the details furnished by the supplier

Under GST law detailing, exceptional concentrate has been on coordinating idea. The thought is to ensure that every one of the providers and beneficiaries makes full exposure of the exchanges affected in the chain(from the production of products till it is devoured) to keep a beware of tax avoidance by underreporting and furthermore to guarantee a consistent stream of info credit. Subsequently, the arrival frames are additionally drafted in like manner making it required for the arrival filers to give the points of interest.

The accompanying subtle elements identifying with the provisions made through an eCommerce administrator, as proclaimed in FORM GSTR-8, might be coordinated with the relating points of interest pronounced by the provider in FORM GSTR-1

(a) GSTIN of the supplier

(b) GSTIN/UIN of the recipient, if the recipient is a registered taxable person

(c) State of place of supply

(d) Date of invoice of the supplier

(e) Invoice Number of the supplier

(f) Tax rate

(g) Taxable value

(h) Tax amount

In situations where the provider is not required to outfit the points of interest independently for each supply, the accompanying subtle elements identifying with such supplies made through an online business administrator, as proclaimed in FORM GSTR-8, should be coordinated with the relating points of interest announced by the provider in FORM GSTR-1

(a) GSTIN of the supplier

(b) State of place of supply

(c) Tax rate

(d) Total taxable value of all supplies made in the State

(e) Tax amount on all supplies made in the State

GST by E-Commerce

C) Communication and Rectification of Discrepancy in details [Rule 20]

On the off chance that the office finds any disparity in the points of interest outfitted by the administrator and those announced by the provider, a similar will be imparted to the gatherings electronically in FORM GST ITC-1 through the Common Portal prior to the last date of the month in which the coordinating has been done.

  1.   Rectification by Supplier:

    In case, where there is a mismatch and rectification has to be made by supplier, he will be required to make suitable rectifications in the statement of outward supplies to be furnished for the month in which the discrepancy is made available.

  2. Rectification by Operator:

    An operator to whom any discrepancy is reported will have to make suitable rectifications in the statement to be furnished for the month in which the discrepancy is made available.

On the off chance that the jumble is not redressed by both the gatherings, the provider will have a sum to the degree of disparity should be added to the yield charge risk of the provider in his arrival in FORM GSTR-3 for the month succeeding the month in which the points of interest of error are influenced accessible and such option to the yield to assess obligation and intrigue payable consequently might be made accessible to the provider electronically on the Common Portal in FORM GST ITC-1.