CODS-2018 (Condonation of Delay Scheme- 2018) MCA

Staring from 01st Jan.2018

MCA Circular – Condonation of Delay Scheme

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General Circular No………./2017

File No. 02/04//2017
Ministry of Corporate Affairs

5th Floor,‘A’Wing,Shastri Bhawan
Dr.Rajendra Prasad Road,
NewDelhi-110001.
Dated……2017

To
All Regional Directors,
All Registrar of Companies,
All Stakeholders.

Sir,

Subject: Condonation of Delay Scheme 2018

Whereas, companies registered under the Companies Act,2013 (or its predecessor Act) are inter-alia required to file their Annual Financial statements and Annual Returns with the Registrar of Companies and non-filing of such reports is an offence under the said Act.

Whereas, section 164(2) of the Act read with section 167 of the Companies Act, 2013 [the Act], which provisions were commenced with effect from 01.04.2014, provide for disqualification of a director on account of default by a company in filing an annual return or a financial statement for a continuous period of three years.

Whereas, Rule 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014 further prescribes that every director shall inform to the company concerned about his disqualification, if any, under section 164(2), in form DIR-8.

Whereas, consequent upon notification of provisions of section 164(2), Ministry of Corporate Affairs (MCA) had launched a Company Law Settlement Scheme 2014 providing an opportunity to the defaulting companies to clear their defaults within the time period specified therein and following the due process as notified.

Whereas, MCA in September 2017, identified 3,09,614 directors associated with the companies that had failed to file financial statements or annual returns in the MCA21 online registry for a continuous period of three financial years 2013-14 to 2015-16 in terms of provisions of section 164(2) r/w 167(1)(a) of the Act and they were barred from accessing the online registry and a list of such directors was published on the website of MCA.

Whereas, as a result of above action, there have been a spate of representations from industry, defaulting companies and their directors seeking an opportunity for the defaulting companies to become compliant and normalize operations.

Whereas, certain affected persons have also filed writ petitions before various High Courts seeking relief from the disqualification.

Whereas, with a view to giving an opportunity for the non-compliant, defaulting companies to rectify the default, in exercise of its powers conferred under sections 403, 459 and 460 of the Companies Act, 2013, the Central Government has decided to introduce a Scheme namely “Condonation of Delay Scheme 2018” [CODS-2018] as follows.

1. The scheme shall come into force with effect from 01.01.2018 and shall remain in force up to 31.03.2018

2. Definitions – In this scheme, unless the context otherwise requires, –

(i) “Act” means the Companies Act, 2013 and Companies Act, 1956 (where ever applicable);

(ii) ‘overdue documents’ means the financial statements or the annual returns or other associated documents, as applicable, in the case of a defaulting company and refer to documents mentioned in paragraph 5 of the scheme.

(iii) “Company” means a company as defined in clause of 20 of section 2 of the Companies Act, 2013;

(iv)  “Defaulting company” means a company which has not filed its financial statements or annual return as required under the Companies Act, 1956 or Companies Act, 2013, as the case may be, and the Rules made thereunder for a continuous period of three yea

(v) “Designated authority” means the Registrar of Companies having jurisdiction over the registered office of the company.

3. Applicability: – This scheme is applicable to all defaulting companies (other than the companies which have been stuck off/whose names have been removed from the register of companies under section 248(5) of the Act). A defaulting company is permitted to file its overdue documents which were due for filing till 30.06.2017 in accordance with the provisions of this Scheme.

4. Procedure to be followed for the purposes of the scheme:– (1) In the case of defaulting companies whose names have not been removed from register of companies,-

(i) The DINs of the disqualified directors de-activated at present shall be temporarily activated during the validity of the scheme to enable them to file the overdue document.

(ii) The defaulting company shall file the overdue documents in the respectively prescribed eForms paying the statutory filing fee and additional fee payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014 for filing these overdue documen

(iii) The defaulting company after filing documents under this scheme, shall seek condonation of delay by filing form e-CODS 2018 attached to this scheme along with a fee of 30,000/- (Rs. Thirty Thousand only) as prescribed under the Companies (Registration Offices and Fee) Rules, 2014 well before the last date of the scheme.

(iv) The DINs of the Directors associated with the defaulting companies that have not filed their overdue documents and the eform CODS, and these are not taken on record in the MCA21 registry and are still found to be disqualified on the conclusion of the scheme in terms of section 164(2)(a) r/w 167(1)(a) of the Act shall be liable to be deactivated on expiry of the scheme period.

(2) In the event of defaulting companies whose names have been removed from the register of companies under section 248 of the Act and which have filed applications for revival under section 252 of the Act up to the date of this scheme, the Director’s DIN shall be re-activated only NCLT order of revival subject to the company having filing of all overdue documents.

5. Scheme not to apply for certain documents – This scheme shall not apply to the filing of documents other than the following overdue documents:

(i) Form Number 20B/MGT-7- Form for filing Annual Return by a company having share capital.

(ii) Form 21A/MGT-7- Particulars of Annual return for the company not having share capital.

(iii) Form 23AC, 23ACA, 23AC-XBRL, 23ACA-XBRL, AOC-4, AOC-4(CFS), AOC (XBRL) and AOC-4(non-XBRL) –  Forms for  filing Balance Sheet/Financial Statement and profit and loss account.

(iv) Form 66- Form for submission of Compliance Certificate with the Registrar.

(v) Form 23B/ADT-1- Form for intimation for Appointment of Auditors.

6. The Registrar concerned shall withdraw the prosecution(s) pending if any before the concerned Court(s) for all documents filed under the scheme. However, this scheme is without prejudice to action under section 167(2) of the Act or civil and criminal liabilities, if any, of such disqualified directors during the period they remained disqualified.

7. At the conclusion of the Scheme, the Registrar shall take all necessary actions under the Companies Act, 1956/ 2013 against the companies who have not availed themselves of this Scheme and continue to be in default in filing the overdue documents

Yours faithfully,

(KMS. Narayanan)
Assistant Director (Policy)
23387263

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Use of Digital Signature

User can use DSC Digital Signature certificate for following purposes:

1. For sending and receiving digitally signed and encrypted emails/ documents.
2.For carrying out secure web-based transactions.
3.In eTendering, eProcurement,for Registrar of Companies e-filing,Income Tax for e-filing income tax returns and also in many other applications.
4. For signing documents like MS Word, MS Excel and PDFs.
5. For login on various government departments, Banks such as DGFT RBI etc

TRADE MARK REGISTRATION

required documents for Trade mark application

1. details as per TM-A for application.
2. One colour image of original Trade Mark/Logo in jpeg. format (size should not
be exceed 8cm* 8cm)
3. Exact name/words/logo to be registered.
4. Actual description of goods/services in respect of which the trade marks is
proposed to be used or has been used.
5. Class of goods/services.
6. Power of attorney (TM-48) in favour of Janmejay Singh Rajput and Associates
(Company Secretaries).
7. The actual date, month and year since the trade mark is being used (if already is
being used, User affidavit required) or if the use is proposed in future. (Please
specify)

Janmejay Singh
9818715747

27 RETURNS PRESCRIBED UNDER GST

TOTAL 27 RETURNS PRESCRIBED UNDER GST; FIND OUT HOW MANY YOU NEED TO FILE

With introduction of Goods and Services Tax in India, compliance for tax payers is set to go up. Service sector will get most effected since under current law, almost every service provider operated under centralised registration scheme wherein 2 returns in a year is all they file. Annual return has been recently added. Manufacturing sector is a compliance heavy industry which files monthly Excise and VAT returns (state specific)._

Under GST, 27 different returns have been prescribed. Details of all the returns to be furnished by registered persons have been enlisted below:

1. *Form GSTR-1* Details of outward supplies of taxable goods and/or services effected.

2. *Form GSTR-1A* Details of outward supplies as added, corrected or deleted by the recipient.

3. *Form GSTR-2* Details of inward supplies of taxable goods and/or services claiming input tax credit.

4. *Form GSTR-2A* Details of inward supplies made available to the recipient on the basis of *FORM GSTR-1* furnished by the supplier.

5. *Form GSTR-3* Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax.

6. *Form GSTR-3A* Notice to a registered taxable person who fails to furnish return under section 27 and section 31.

7. *Form GSTR-4* Quarterly Return for compounding Taxable persons.

8. *Form GSTR-4A* Details of inward supplies made available to the recipient registered under composition scheme on the basis of *FORM GSTR-1* furnished by the supplier.

9. *Form GSTR-5* Return for Non-Resident foreign taxable person.

10. *Form GSTR-6* ISD return.

11. *Form GSTR-6A* Details of inward supplies made available to the ISD recipient on the basis of *FORM GSTR-1* furnished by the supplier.

12. *Form GSTR-7* Return for authorities deducting tax at source.

13. *Form GSTR-7A* TDS Certificate.

14. *Form GST-ITC-1* Communication of acceptance, discrepancy or duplication of input tax credit claim.

15. *Form GSTR-8* Details of supplies effected through e-commerce operator and the amount of tax collected as required under sub-section (1) of section 43C.

16. *Form GSTR-9* Annual return.

17. *Form GSTR-9A* Simplified Annual return by Compounding taxable persons registered under section 8.

18. *Form GSTR-9B* Reconciliation Statement.

19. *Form GSTR-10* Final return.

20. *Form GSTR-11* Details of inward supplies to be furnished by a person having UIN.

21. *Form GST-TRP-1* Application for enrolment as Tax return preparer.

22. *Form GST-TRP-2* Enrolment certificate as Tax return preparer.

23. *Form GST-TRP-3* Show cause to as Tax return preparer.

24. *Form GST-TRP-4* Order of cancelling enrolment as Tax return preparer.

25. *Form GST-TRP-5* List of Tax return preparers.

26. *Form GST-TRP-6* Consent of taxable person to Tax return preparer.

27. *Form GST-TRP-7* Withdrawal of authorization to tax return preparer.

Role of PCS under the GST law envisaged for India

Role of PCS under the GST law envisaged for India

A company secretary is well versed in laws subject without any doubt by virtue of his academic knowledge and practical training and particularly master to understand the laws subjects. Indirect taxes/GST would be more laws compared to computation to tax, it is easiest for the Company Secretary to understand and be an expert in the subject of Indirect Taxes/ GST. Company secretary can play an important role being an advisor and facilitator for due compliance of laws relating to Indirect Taxes/goods and Service Tax( GST) to the general business community and corporate world as well. The company secretary can perform the following types of services to clients:-

(i) Advisory services or strategic advisor – A company secretary can better interpret the law of Indirect taxes or proposed GST law and provide comprehensive guidance and advisory to the business. Company secretary are more suited for the services because for their knowledge of laws and good communication skills

(ii) Tax Planning – Company secretary is competent to understand the impact of laws and its various alternatives based on the proper tax planning of indirect taxes/GST.

(iii) Procedural Compliances – Procedure Compliance includes registration, filing of returns, payments of taxes, assessment etc. the procedure compliance is the easiest task because Company Secretary is already playing a role of Compliance Officer under various other laws.

(iv) Book/Record Keeping Like other tax laws indirect taxes/ GST would require proper record keeping and accounting systematic records of credit of input/input service and its proper utilisation is necessary for this REFERENCER ON GOODS AND SERVICES TAX 103 success of GST. Company secretary must learn and equipped to perform this tasks and it is easy because CS course have all the subjects.

(v) Representation – Company Secretary can provide this service with confidence because of practical exposure with various competent authorities. Company secretary can better justify this service.

(vi) Appellate work Because of legal drafting skill, the Company Secretary can provide better service in the appellate work.

MAIN OBJECT CLAUSE OF COMPANY

Main objects of Jewellery Company

1. To carry on all or any of the business of goldsmiths, silver smiths, jewellers, gem and diamond merchants and of manufacturing and dealing in clocks, watches, jewellery, cutlery and their components and accessories and of producing acquiring and trading in metals, bullion, gold ornaments, silver utensils, diamond, precious stones, paintings, manuscripts, antiques and objects of art.

2. To carry on the trades of business of gold smiths, silver smiths, enamellers, jewellers, gem merchants, electroplates, importers and exporters of bullion and other refined and smelted metals.

3.  To carry on business as goldsmiths, silversmiths jewellers, gem merchants, importers and exporters of bullion and buy, sell and deal (wholesale and retail) in bullion precious stones, jewellery gold or silver cups, shields, articles of virtue objects of art.

4.  To carry on business as goldsmiths, silversmiths, jewellers, gem merchants and importers and exporters of bullion and to buy, sell and deal in 9 wholesale or retail) precious stones, jewellery, gold and silver plate, electroplate, bronzes, articles or various objects of art and to manufacture and to establish factories for manufacturing goods for the above business.

Main Object clause of Food Processing Company

1. To manufacture, process, prepare, preserve, can, refine, bottle, buy, sell and deal whether as wholesalers or retailers or as exporters or importers or as principals or agents in foods, meats, egg, poultry, vegetables, canned and tinned and processed foods, protein, health and instant foods of al kinds including baby and dietic foods, cereals, beverages, cordials, tonics, restoratives and aerated mineral waters and food stuffs and consumable provisions of very description for human or animal consumption and to carry on business in all natural, artificial, synthetic or chemical edible food colour.

2. To transact and carry on business as manufacturers, importers and exporters of all sorts of fruits, food, foodstuffs, canned fruits, chocolates, candies, jams, preserves, jellies, peppermints, juice, syrups, beverages, waters, wines, cordials, restorative and drinks of all kinds.

Main Object clause of FMCG Company

1.      To construct, build, establish, erect, promote, undertake, acquire, own, operate, transport, equip, manage, renovate, reconstruct, develop, set up, turn to account, maintain, keep, operate and run multiple food processing units for manufacturing, processing, preparing, preserving, refining, buying, selling and otherwise dealing in any manner in all type of food and food related products including cereals, spices, masala, beverages, dairy products, milk products, convenience foods and processed foods of all kind and every description and providing incidental and ancillary services in relation thereto, and to act as buyer, seller, stockiest, distributors, importer, exporter, or otherwise to deal in all sorts of food grains, commodities, vegetables, fruits, edibles, vegetarian and non-vegetarian food products and similar goods and to establish, promote, develop, manage multiple brands, trade name and trademarks in relation to the business of the Company for dealing in food articles, food products, fast moving consumer goods and other consumer products and for such purpose to act as a brand owner, licensee, franchisee, representative or distributor and/or otherwise.

TEAM JSRA SERVICES - CORPORATE GOVERNANCE AND SECRETARIAL SERVICES

CORPORATE GOVERNANCE AND SECRETARIAL SERVICES

·         Corporate Governance Services

·         Advising on good governance practices and compliance of Corporate Governance norms as prescribed under various Corporate, Securities and Other Business Laws and regulations and guidelines made thereunder.

·         Corporate Secretarial Services

·         Promotion, formation and incorporation of companies and matters related therewith

·         Filing, registering any document including forms, returns and applications by and on behalf of the company as an authorized representative

·         Maintenance of secretarial records, statutory books and registers

·         Arranging board/general meetings and preparing minutes thereof

·         All work relating to shares and their transfer and transmission

CORPORATE LAWS ADVISORY AND REPRESENTATION SERVICES

·         Advising companies on Compliance of legal and procedural aspects, particularly under –

·         SEBI Act, SCRA and rules and regulations made there-under

·         SEBI Act, SCRA and rules and regulations made thereunder

·         Foreign Exchange Management Act

·         Consumer Protection Act

·         Depositories Act

·         Environment and Pollution Control Laws

·         Labour and Industrial Laws

·         Co­operative Societies Act

·         Mergers and Amalgamations and Strategic Alliances

·         Foreign Collaborations and Joint Ventures

·         Setting up subsidiaries abroad

·         Competition Policy and Anti Competitive Practices

·         IPR Protection, Management, Valuation and Audit

·         Drafting of Legal documents.

·         Representation Services

·         Representing on behalf of a company and other persons before National Company

·         Law Board

·         Competition Commission of India

·         Securities Appellate Tribunal

·         Registrar of Companies

·         Consumer Forums

·         Telecom Disputes Settlement and Appellate Tribunal

·         Tax Authorities

·         Other quasi­judicial bodies and Tribunals

·         Arbitration and Conciliation Services

·         Advising on arbitration, negotiation and conciliation in commercial disputes between the parties

·         Acting as arbitration/conciliator in domestic and international commercial disputes

·         Drafting Arbitration/Conciliation Agreement/Clause

Positive Thoughts by JSRA

If you had Rs.86400 in your account and someone stole Rs.10 from you, would you be upset and throw the remaining amount Rs. 86390 away in hopes of going back at the person who took your Rs.10 ? No.. You would move on and live. Right? The same way we have 86400 seconds each day. Don't let someone's negative 10 seconds ruin the remaining 86390 seconds of your day. Don't sweat the small stuff. Life is bigger than that. Have a positive day !

Major Highlights of Union Budget 2017

Major Highlights of Union Budget 2017:

1. Total Budget of ₹ 21.47 Lakhs crores for 2017-2018.

2. Increase in Direct Tax collection by 34% after demonetisation.

3. Holding period for LTCG for Land & Building reduced to 2 years.

4. Carried forward of MAT Credit for 15 years instead of 10 years.

5. 5% tax exemption for companies having turnover below ₹ 50 crores.

6. 6% presumptive tax for turnover upto ₹ 2 crores.

7. No cash transaction above ₹ 3 Lakhs will be permitted.

8. Maximum Donation receivable from unknown source by pol party will be ₹ 2k.

9. Change in period of limitation for scrutiny assessment.

10. 5 % tax for income below ₹ 5 Lakhs.

11. No tax for income upto ₹ 3 Lakhs.

12. 10% surcharge for assesse income between ₹ 50 Lakhs to ₹ 1 crores.

13. One page Income Tax return proposed.

*Highlights of Union Buget 2017 - 2018*

*GST* - No changes in service tax & excise duty as GST draft will be launching soon

*Fiscal Deficit* - Seen at 3.2% (17-18) & 3% (18-19)

*Current Account Deficit* - 0.3% (16-17) 1st Half

*FDI Investments* - 1.45 Lakh Crores (16-17) 1st Half

*Farmer* - Double their income in 5 years

*Agriculture* - 10 Lac Crores credit

*MNREGA* - Allocation 48,000 Crores

*PM Gram Sadak Yojna* - Allocation 19,000 Crores

*Sr. Citizen* - 8% guaranteed pension for 10yrs by LIC of India scheme

*Rail Budget* - 1.31 Lakh Crores, New Railway Line of 3500 kms, No service charge on IRCTC Ticket booking

*Highway* - 67,000 Crores for National Highways

*Disinvestment* - Continue through ETF's and timely disinvestments of PSU's,

Target 72500 Crores

*Banking* - 10,000 Crores to PSU banks for Recapitalisation, Double landing targets to Bank 2.44 Lac Crores, 2.44 Lac Crores under mudra scheme

*Total Expenditure* - Estimated at 21.47 Lac Crores

*Defence Expenditure* - 2.74 Lakh Crores excluding Pension

*Income Tax* - Companies turnover less than 50 Crores will pay 5%  less tax, Effective 

*Infra* - Insurance company has to invest 25% in Infra bonds

Regards

Team JSRA

Registration under Drug and Cosmetics Act

Registration of Manufacture Drug License- by Janmejay Singh Rajput, Company Secretary

A.      List of Application Forms for Various Drugs Manufacturing License

1.

Form 24/ Form 25A*

For manufacture for sale/distribution of Allopathic drugs other than those specified in schedule C, C(I) and X

*Other forms as applicable depending on the drugs to be manufactured.

B. Information and Documents required

Please to provide following documents for further process:

(i) Application should be accompanied with a DD/challan as proof that the fees specified under the Rules has been deposited in the proper Head of Account.

(ii) A site plan giving the layout of the manufacturing premises with dimensions in meters and details like position of doors, windows etc.

(iii) Key-plan, showing the location of the manufacturing unit giving important land marks so that officers of the Department are able to locate the premises.

(iv). Documentary evidence of the constitution of the firm:

1. Memorandum and Articles of Association in case of company.
2. Partnership deed, duly attested by Notary Public, in case of partnership firm
3. an affidavit of the proprietor, attested by a Notary Public, in case of a proprietorship firm.

(v) Power of Attorney in the name of one or more than one partner/Director /Manager/Secretary or any person who is competent to correspond with the Drugs Control Authorities with regard to grant/ Renewal etc of license(s).

(vi) Detailed list of machinery and equipments installed for manufacture of drugs.

Note: The list should give full details of each machine, its make, capacity, material of which it is made, whether it is automatic or manual etc. duly signed by an authorized person of the firm.

(vii) Attested photo copies of certificates of qualifications, experience, letter of approval (in case where persons are already approved) Bio-data, consent, affidavit and joining report of the whole time technical staff employed for the manufacturing and testing of drugs.

(viii) List of equipment, apparatus and reference books etc. with full details provided for quality control and testing of drugs, signed by an authorized person of the firm.

(xi). List of items, with detailed formula, (including Pharmaceutical aids, excipients) intended to be manufactured.

Note: Each item details are required to be given in the Performa prescribed by the department each of which should be signed by an authorized person of the firm and the manufacturing chemist.

(x) An affidavit/undertaking to the effect that neither the owner nor the firm had been convicted under the Drugs & Cosmetics Act 1940.

(xi) Certified true copy of Proof of ownership and proof of possession in respect of the premises.

(xii) All the photocopies of documents should be self attached/certified as true copy.

TEAM JSRA