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THE COMPLIANCE
                 GALAXY
                                        2012-13




INSIDE THE ISSUE:
› Compliance calendar……………….02
› Rate chart……………………………07
› Corporate updates at a glance……..13
The Compliance Galaxy
2012-13




                        COMPLIANCE CALENDAR
    A Compliance Calendar assists a business entity to plan the payment and submission of various reports,
    certificates, returns, information, documents before the due date rings the door bell. Hence, following is the list
    of monthly, quarterly, half-yearly and yearly compliances applicable to various business entities which would
    assist an organization in timely compliances under various legislations:


                                                MONTHLY COMPLIANCES
      DUE
                      LEGISLATION                                      NATURE OF COMPLIANCE
      DATE
                                                 Payment for the previous month (For Corporate Dealers)
                  Service Tax
                                                  (If payment is made through cheque)
        5th
                                                 Payment for the previous month (In case of Non SSI Dealer)
                  Central Excise Act 1944
                                                  (If payment is made through cheque)
                                                 Payment for the previous month (For Corporate Dealers)
                  Service Tax
                                                 (If payment is made otherwise than through cheque)
        6th
                                                 Payment for the previous month (For Corporate Dealers)
                  Central Excise Act
                                                 (If payment is made otherwise than through cheque)
                  Income Tax Act, 1961           Payment of TDS/TCS for the previous month
                  VAT/CST                        Payment for the month of March
                  VAT/CST                        Filing of return for the month of March

        7th       ECB                            Filing of return for reporting of actual transactions of ECB
                                                 Monthly Return on Capital Market Exposure to be submitted by
                  RBI Guidelines
                                                 NBFCs-D
                                                 Monthly Return on Important Financial Parameters of NBFCs not
                  RBI Guidelines                 accepting/holding public deposits and having asset size of Rs.100
                                                 crore and above to be submitted by NBFC-ND-SI
                                                 Filing of return for the previous month
                  Excise
                                                 (In case of Non SSI Dealer)
                  APTPTCE Act                    Payment & Filing for the previous month (By Employer)
       10th
                  APLW Act                       Payment of contribution for the previous month
                                                 A Statement of short term dynamic liquidity to be submitted by
                  RBI Guidelines
                                                 NBFC-ND-SI
                  VAT                            Payment for the previous month (If payment is made through cheque)
       15th
                  CST                            Payment for the previous month (If payment is made through cheque)


    VAT- Andhra Pradesh Value Added Tax Act 2005
    CST- Central Sales Tax, 1956
    SSI- Small Scale Industry
    ECB- External Commercial Borrowing
    NBFCs - Non-Banking Financial Companies
    NBFCs-D- Deposit taking NBFCs
    NBFCs-ND- Non-Deposit taking NBFCs.
    NBFCs-ND-SI- NBFCs not accepting/holding public deposits and having asset sizes of Rs.100 crore and above
    APTPTCE Act – Andhra Pradesh Tax on Professions, Trade, Callings and Employment Act 1987
    APLW Act - AP Labour Welfare Act, 1970                                                                         Page 2 of 20
The Compliance Galaxy
2012-13




                  The AP Entertainment          Payment & Filing of return for the previous month
                  Tax 1939                      (Amusement & Recreation)
                                                Payment & Filing of return for the previous month
                  Entry Tax Act 2001
                                                (Non registered dealers)
                  AP Tax on Luxuries Act
                                         Payment & Filing of return for the previous month
                  1987
        15th
                                         Payment of contribution for the previous month
                  EPF
                                         Filing of Declaration for employees joined during the previous month
                  Employees State
                  Insurance Act 1948     Filing of Declaration for employees joined during the previous month
                  (ESIC)
                                         Payment for the previous month
                  VAT                    (If payment is made otherwise than through cheque)
                                         Filing of return for the previous month

        20th      CST                           Filing of Return for the previous month
                  The AP Entertainment
                                                Payment & Filing of return for the previous month (Others)
                  Tax 1939
                                                Payment & Filing of return for the previous month
                  Entry Tax Act 2001
                                                (Registered Dealers)
                  ESIC                          Payment of contribution for the previous month
        21st
                  VAT                           Payment of Works Contract Tax (TDS) for the previous month
                                                Filing of Consolidated Statement of dues
                                                Filing of return for employees qualifying for the first time under the
        25th      EPF                           act
                                                Filing of return for employees resigned from the organization
                                                Filing of nomination form for new joinees
        30th      EE (CNV) Act                  Filing of notification of vacancies



                                               QUARTERLY COMPLIANCES

            DUE DATE                  LEGISLATION                           NATURE OF COMPLIANCE
                                                              Payment for the previous month (For Corporate Dealers)
                                    Service Tax
                                                              (If payment is made through cheque)
     05th of July, Oct, Jan
                                                              Payment for the previous month (For Corporate Dealers)
                                    Central Excise Act
                                                              (If payment is made through cheque)
                                                              Payment for the previous month (For Corporate Dealers)
                                    Service Tax
                                                              (If payment is made otherwise than through cheque)
     06th of July, Oct, Jan
                                                              Payment for the previous month (For Corporate Dealers)
                                                              (If payment is made otherwise than through cheque)
                                    Central Excise Act
     10th of July, Oct, Jan &
                                                              Filing of return for the previous quarter
     April

    EE (CNV) Act - Employment Exchange (Compulsory Notifications of Vacancies) Act 1959
    TDS- Tax deducted at source
    TCS - Tax collected at Source
    EPF- Employees Provident Fund and Misc. Provisions Act 1952
                                                                                                                   Page 3 of 20
The Compliance Galaxy
2012-13




     10th of July, Oct, Jan &
                                   APSE Act                  Filing of return for the previous quarter
     April
     15th of July, Oct, Jan                                  Filing of TDS/TCS return for the previous quarter
                                   I-T Act
     15th of May                                             Filing of TDS/TCS return for the quarter ended March
     15th of July, Oct, Jan &
                                   EE (CNV) Act              Filing of return for the previous quarter
     April
     15th of June, Sept, Dec
                                   I-T Act                   Payment of Installment of Advance Tax
     & March
                                                             Payment of Turnover Tax & Filing of return for the
                                   VAT
     30th of July, Oct, Jan &                                previous quarter
     April                                                   Filing of C-Form details and utilized way bill details for
                                   VAT/CST
                                                             the previous quarter
                                                             Filing of Annual Financial Information Statement for the
     30th of Nov                   Central Excise Act
                                                             previous Financial year
     31st of March                 Service Tax               Payment for the previous month (For Corporate Dealers)
                                   NBFC APD                  Submission of Quarterly Return by NBFCs-D
                                                             Submission of Quarterly Statement of Capital Funds, Risk
                                   NBFCs PN (RB) D
                                                             Assets etc by NBFCs-D
     15th of April, July, Oct,                               Submission of Quarterly Return on Statutory Liquid
                                   RBI Act
     Jan                                                     Assets by NBFCs-D
                                                             Submission of Quarterly Return on repayment of deposits
                                   RBI Act
                                                             by rejected companies holding public deposit
                                                             Submission of Quarterly Return of Capital Funds, Risk
                                   RBI Act
                                                             Asset Ratio by NBFCs-ND-SI
                                                             Payment for the previous quarter
     31st of March                 Central Excise Act
                                                             (For SSI Registered Dealers)
                                                             Quarterly return to be submitted by non-deposit taking
     30th of April, July, Oct,
                                   RBI Guidelines            NBFCs with asset size of Rs 50 crore and above but less
     Jan
                                                             than Rs 100 crore
     Within 15 days of end of                                Submission of Compliance Report on Corporate
                                   Listing agreement
     quarter                                                 Governance
     Within 21 days of end of                                Submission of Share holding Pattern to the Stock
                                   Listing agreement
     quarter                                                 Exchange
                                   SEBI (Depositories
                                   & Participants)
                                   Regulations, 1996 &
     30th of July, Oct, Jan,                           Submission of Reconciliation of Share Capital Audit
                                   SEBI Circular No.
     April                                             Report
                                   D&CC/FITTC/Cir-
                                   16/2002 dated
                                   31.12.02
     Before the end of quarter     Listing agreement   Holding of Audit Committee Meeting
     Before the end of quarter Companies Act                 Holding Board Meeting
     Within 48 hours of Board                                Publication of quarterly results in newspapers
                               Listing agreement
     meeting                                                 (English & Vernacular Language)


   NBFC APD - Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1999
   NBFCs PN (RB) D - Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions, 1998
   APSE Act - AP Shops & Establishments Act 1988
   I-T Act- Income Tax Act 1961
                                                                                                                     Page 4 of 20
The Compliance Galaxy
2012-13




     Within 45 Days of the                                Limited Review Report from the Statutory Auditors
                                  Listing Agreement
     end of Quarter                                       (in case of submission of Unaudited last quarter results)



                                           HALF YEARLY COMPLIANCES

           DUE DATE                 LEGISLATION                        NATURE OF COMPLIANCE
     12th of May & Nov            ESIC                   Filing of return for the previous Half year ended
     15th of July                 Factories Act, 1948    Filing of Half yearly return
     25th of Oct & April          Service Tax            Filing of return for the previous Half year ended
                                                         Submission of Statement of structural to be submitted by
     20th April/ 20th Oct         RBI Guidelines
                                                         NBFC-ND-SI
                                                         Submission of Statement of Interest Rate Sensitivity to be
     20th April/ 20th Oct         RBI Guidelines
                                                         submitted by NBFC-ND-SI
                                                         Submission of Asset-Liability Management (ALM) Return
     30th April/ 30th Oct         RBI Guidelines         to be submitted by NBFCs-D having public deposit of Rs
                                                         20 crore
     30th of July & Jan           CL Act                 Filing of Half yearly return
     Within 1 month of end of
     half year and within 24                             Certificate from Practising Company Secretary (PCS)
                                  Listing Agreement
     hours after signing of                              under Clause 47C
     PCS



                                                ANNUAL COMPLIANCES

         DUE DATE                LEGISLATION                           NATURE OF COMPLIANCE
                                                         Filing of Annual Installed Capacity Statement for financial
                              Excise
                                                         year ended
     30th of April                                       Renewal of Professional Tax registration
                              APTPTCE Act
                                                         Filing of Annual return statement
                              EPF                        Filing of Annual Return of contribution cards
     30th of June             APTPTCE Act                Payment of tax for Directors & Company
                                                         Filing of Annul Return on Foreign Assets & Liabilities
     15th of July             FEMA
                                                         under FEMA
     31st of July                                        Filing of income tax returns (In case of non audit entity)
                              Income Tax
                                                         Filing of Income tax returns (in case of Audit entities)
     30th of Sept                                        Annual Returns By deposit taking NBFCs
                              NBFC
                                                         (As required by “Non-Banking Financial Companies

    FEMA – Foreign Exchange Management Act 1999
    CL Act - Contract Labour (Regulation & Abolition) Act 1970


                                                                                                                      Page 5 of 20
The Compliance Galaxy
2012-13




                                                     Acceptance of Public Deposits (Reserve Bank) Directions,
                                                     1998”.) to be submitted by NBFCs-D
     31st of Oct             CL Act                  Application for renewal of license
     30th of Nov             APSE Act                Renewal of registration
                             Payment of Bonus Act,
     30th of Dec                                     Filing of Annual return
                             1965
                             VAT                     Submission of Audited Trading, P & L Account
     31st of Dec
                             APLWAct                 Filing of Yearly return
     15th of Jan             Factories Act, 1948     Filing of Annual return
                             Minimum Wages Act,
                                                   Filing of Annual return
                             1948
     01st of Feb
                             Payment of Wages Act,
                                                   Filing of Annual return
                             1936
     15th of Feb             CL Act                  Filing of Annual return
                             Listing Agreement       Annual Listing Fees
     30th of April
                             Listing Agreement       Annual Custodial fees to NSDL/CDSL
     30th of June            Companies Act, 1956     Return of Deposits
     Within 45 days of the                           Intimation regarding submission of Annual audited Results
                             Listing Agreement
     end of Quarter                                  (if unaudited last quarter results not submitted)
                                                     Submission of Annual Audited (along with audit report) if
     30th of May             Listing Agreement
                                                     last quarter unaudited results not submitted
     Within 2 working
                             SEBI (Prohibition of
     days of receipt of                              Annual disclosures under regulation 13(6) regarding
                             Insider Trading)
     information u/r 13(3)                           Details of change in shareholding
                             Regulations, 1992
     & (4)
     Within 6 months
     from the close of       Companies Act, 1956     Holding Annual General Meeting (AGM)
     financial year
     Within 30 days of                               Filing of Balance sheet, Profit and Loss Account and other
                             Companies Act, 1956
     date of AGM                                     documents
     Within 60 days of
     date of Annual          Companies Act, 1956     Filing of Annual return
     general meeting




                                                                                                            Page 6 of 20
The Compliance Galaxy
2012-13




                                        RATE CHART
                                    RATES UNDER AP VALUE ADDED TAX
      S.
                                      Particulars                                          Rate
      No
                                                SCHEDULE RATES
      1.    Schedule I                                                                      0%
      2.    Schedule III                                                                    1%
      3.    Schedule IV                                                                     5%
      4.    Schedule V                                                                   14.50%
      5.    Schedule VI                                                                Special Rates
                                           COMPOSITION SCHEME
      6.    Works contract executed for State Government or Local authority                 4%
      7.    Works contract executed for other than state Government or Local                4%
            authority
      8.    Apartment Builders and Developers                                        4% on 25% of total
                                                                                       consideration
                             STANDARD DEDUCTIONS FOR WORKS CONTRACT
      9.    Electrical Contracts                                                        15% to 25%
      10.   All structural contracts                                                       35%
      11.   Installation of plant and machinery                                            15%
      12.   Fixing of marble slabs, polished granite stones                                25%
            and tiles (other than mosaic tiles)
      13.   Civil works like construction of buildings,                                    35%
            bridges roads etc
      14.   Design, fabrication and installation of centralized Air-conditioning            5%
            plant, Air Handling units, Refrigeration plants and any other Heating,
            Ventilating and Air Conditioning Systems.
      15.                                                                                  15%
            Fixing of sanitary fittings for plumbing, drainage and the like
      16.   Painting and polishing                                                         25%
      17.   Laying of pipes                                                                25%
      18.   Tyre re-treading                                                               40%
      19.   Dyeing and printing of textiles                                                40%
      20.   Printing & Supplying of printed material                                       40%
      21.   All other contracts                                                            30%
                                         TDS ON WORKS CONTRACT TAX
      22.   All categories of contracts not falling in sub-clauses (ii)             4% of 70% of total
                                                                                      consideration
      23.   Contracts for laying or repairing or roads and contracts for canal   2% of 70% of the amount
            digging, lining and repairing.




                                                                                                          Page 7 of 20
The Compliance Galaxy
2012-13




                                              AP TURNOVER TAX RATE
                                Particulars                                             Rate
     On total sale value                                                                1%


                                          CENTRAL SALES TAX RATES
                                Particulars                                             Rate
                                                                          2% (or) the state level VAT rate,
     On Gross value of Inter-state sales transaction
                                                                                whichever is lower


                                          AP PROFESSIONAL TAX RATES
                    Category                                       Range                        Rate (Rs.)
     Directors                                                       --                           2500/- P.A.
     Estate Agents or Brokers                                        --                            550/- P.M.
     Companies                                                       --                           2500/- P.A.
     Partners                                                        --                            500/- P.A.
     Occupiers of Factories                                          --                            1000/- P.A
     Sub-brokers recognized by the Stock                             --                           1000/- P.A.
     Exchange Board of India
     Property Developers including Land                              --                            2500/- P.A.
     Developers and Building / Flat
     Developers
     Owners of Residential hotels and                                --                            2500/- P.A.
     lodging houses having > 20 rooms
     Individuals or institutions conducting                          --                            2500/- P.A.
     Chit funds
     Chartered Accountants                    >2 and < 5 years in profession                        500/- P.A.
                                              > 5 years in profession                              2500/- P.A.
     Salary & wage earners                    Range 5001 to 6000                                     60/- P.M.
                                              Range 6001 to 10000                                    80/- P.M.
                                              Range 10001 to 15000                                  100/- P.M.
                                               Range 15001 to 20000                                 150/- P.M.
                                               Above 20000                                          200/- P.M.
     Contractors                               Class I                                             2500/- P.A.
                                               Class II                                            1500/- P.A.
                                               Class III                                            500/- P.A.
     Other Contractors                         Work executed < 10lacs                               500/- P.A.
                                               Work executed > 10lacs                              1500/- P.A.
     Employers Under AP Shops &                Employees >1 and < 5                                 110/- P.A.
     Establishment Act
                                               Employees >5 and < 10                                400/- P.A.
                                               Employees >10 and < 20                              1000/- P.A.




                                                                                                              Page 8 of 20
The Compliance Galaxy
2012-13




                                             Employees > 20                                        2500/- P.A.
     Co-operative Societies                  State level Society                                   2500/- P.A.
                                             Co-Operative Sugar Factories, Spinning                2500/- P.A.
                                             Mills, Banks
                                             District level Society                                  330/- P.A.
                                             Mandal level Society                                     220/- P.A
                                             Village level Society                                    150/- P.A
     Persons other than the above                                                                     750/- P.A



                                             SERVICE TAX RATES
                                       Particulars                                      Rate on the gross value
                                                                                         of services rendered
     Registered dealers under service tax                                                        12%
                                  Nature of taxable service                                Abatement Rate
     Mandap keeper Service                                                                       60%
     Tour Operator Service in relation to package tour                                           75%
     Tour Operator Service (booking of accommodation)                                            90%
     Tour Operator Service (other than above two mentioned)                                      60%
     Renting of Cab                                                                              60%
     Renting of hotels, inn, guest houses clubs others                                           40%
     Supply of food or any other article of human consumption at Convention service,             30%
     hotels, clubs, pandal, shamiana or any other place specially arranged for
     organizing function
     Services involved in supply of food or any other article of human consumption or            70%
     any drink restaurant at (which has licence to service alcoholic beverages)
     Services involved in supply of food or any other article of human consumption or            40%
     any drink as outdoor catering service
     Chit Service                                                                                70%
     Business Auxiliary Service                                                                  30%
     Erection Commission & installation service                                                  67%
     GTA                                                                                         75%
     Financial leasing service                                                                   90%
     Pandal & Shamiana                                                                           30%
     Construction of complex
     When land value is included                                                                 75%
     When land value is not included                                                             67%

     Transport of goods by rail                                                                  70%
     Transport of passengers by rail                                                             30%
     Aircraft operator                                                                           40%




                                                                                                             Page 9 of 20
The Compliance Galaxy
2012-13




      Nature of taxable service                                 Optional scheme
     Insurer                      3% of the premium charged in the first year and          1.5% in
                                  subsequent years
     Foreign Exchange             0.12% of the gross amount of currency exchanged for an amount upto rupees
                                  100,000, subject to the minimum amount of Rupees 30; and

                                  Rupees 120 and 0.06 per cent. of the gross amount of currency exchanged for
                                  an amount of Rupees exceeding 100,000 and upto rupees 10,00,000; and

                                  Rupees 660 and 0.12 per cent. of the gross amount of currency exchanged for
                                  an amount of rupees exceeding 10,00,000, subject to maximum amount of
                                  rupees 6000:
     Composition rate                                                4.80%


                                          CENTRAL EXCISE DUTY
                                  Particulars                                 Rate
     Basic Duty Proposed in Budget 2012                                       12 %


                                                  LUXURY TAX
                                   Particulars                                             Rate
     Luxuries provided by Hotels
     Charges below Rs. 300/- Per day per person                                             Nil
     Charges above Rs. 300/- Per day per person                                             5%

     Luxuries provided by Corporate Hospitals
     Charges below Rs. 500/- Per day per person                                            Nil
     Charges above Rs. 500/- Per day per person                                            10%

     Tobacco Products
     Chewing Tobacco preparations commonly known as Khara, Masala,                50 paise in every rupee
     Kimam, Dokta, Zarda, Sukha and Surti.
     Cigarettes                                                                   05 paise in every rupee


                                             INCOME TAX RATES
                  FY 2011-12                  Rate                FY 2012-13                        Rate
     Upto1,80,000 (Individuals, HUF,           Nil   Upto 2,00,000 (Individuals, HUF,               Nil
     AOP, BOI, AJP)                                  AOP, BOI, AJP)
     Up to 1,90,000 (for women)                Nil   Up to 2,00,000 (for women)                      Nil
     Up to 2,50,000 (for resident              Nil   Up to 2,50,000 (for resident                    Nil
     individual of 60 years or above)                individual of 60 years or above)




                                                                                                            Page 10 of 20
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2012-13




     Up to 5 Lacs (senior citizens >            Nil      Up to 5 Lacs (senior citizens >            Nil
     80years)                                            80years)
     1,80,001 – 5,00,000                        10%      2,00,001 – 5,00,000                        10%
     5,00,001 – 8,00,000                        20%      5,00,001 – 10,00,000                       20%
     8,00,001 upwards                           30%      10,00,001 upwards                          30%


                                                ENTERTAINMENT TAX
                                       Particulars                           Rate
     A/C and Air Cooled Theatres                                                           20%
     Other Theatres                                                                        18%


                                              SURCHARGE RATE
                                       Particulars                                               Rate
     On domestic companies (Total Income > 1 Crocre)                                             5%
     On other than domestic companies (Total Income > 1 Crocre)                                  2%


                                                  EDUCATION CESS
                                           Particulars                                           Rate
     Education cess on income tax                                                                2%
     Secondary & Higher education cess on income tax                                             1%


                                     PROVIDENT FUND CONTRIBUTION
                                        Particulars                                               Rate
     Employers contribution to Provident Fund                                                    3.67%
     Employers contribution to Pension Fund                                                      8.33%
     Employers contribution to EDLI                                                              0.5%
     Employers contribution towards the Administrative charges for Provident Fund                1.10%
     Employers contribution towards the Administrative charges for EDLI                          0.01%
     Employee contribution                                                                        12%


                                                 ESI CONTRIBUTION
                                           Particulars                                            Rate
     Employers contribution                                                                      4.75%
     Employee contribution                                                                       1.25%




                                                                                                          Page 11 of 20
The Compliance Galaxy
2012-13




                                                      TDS RATES
                  Nature of Payment                     Section Code       Individual    Others
                                                                             /HUF
     Salary                                                  192            Avg Rate    Avg Rate
     Interest on Securities                                  193              10%         10%
     Deemed Dividend                                         194              10%         10%
     Interest other than Interest on securities (By         194A              10%         10%
     bank & others)
     Winning from Lotteries & Puzzles                        194B            30%          30%
     Winning from Horse Race                                194BB            30%          30%
     Payment to Contractors                                194C(1)           1%           2%
     Payment to Adverting/Sub contractors                  194C(2)           1%           2%
     Insurance Commission                                   194D             10%          10%
     Payment out of deposits under NSS                      194EE            20%            -
     Repurchase of Units by MF/UTI                           194F            20%          20%
     Commission on sale of Lottery tickets                  194G             10%          10%
     Commission & Brokerage                                  194H            10%          10%
     Rent – Land & Building                                  194I            10%          10%
     Rent – Plant & Machinery                                194I            2%           2%
     Professional Fee & Technical Services, Royalty          194J            10%          10%
     & non compete fee
     Remuneration to Directors (Proposed in                 194J             10%          10%
     Budget 2012)
     Compensation on acquisition of immovable              194LA             10%          10%
     property


                                                      TCS RATES
                                        Nature of Goods                                 Rate %
     Alcoholic liquor for human consumption                                               1%
     Tendu Leaves                                                                         5%
     Timber obtained from forest lease                                                   2.5%
     Timber obtained from any mode other than forest lease                               2.5%
     Any other forest produce not being timber or tendu leaves                           2.5%
     Scrap                                                                                1%
     Parking lot                                                                          2%
     Toll plaza                                                                           2%
     Mining & Quarrying                                                                   2%
     Cash transaction in bullion and Jewellery (Proposed in Budget 2012)                  1%
     Sale of Coal, Lignite and Iron ore                                                   1%




                                                                                                   Page 12 of 20
The Compliance Galaxy
2012-13




         CORPORATE UPDATES AT A GLANCE
                                                    (FY 2011-12)
    MCA
    ›   Schedule VI to the Companies Act, 1956 revised – Revised schedule VI applicable to all the companies
        uniformly for the financial statements to be prepared for the financial year ended 31st March, 2012 onwards

    ›   DIN procedure simplified - DIN application is to be made online pre-certified by a professional through e-
        form DIN1 and no physical submission of documents shall be required

    ›   Payment of Commission to Non-Whole time Directors of the company under section 309(4)(b) of the
        Companies Act, 1956 shall not require approval of the Central Government

    ›   Payment of fees through Electronic Mode made mandatory - payments of value upto Rs. 50,000, shall be
        made only in electronic mode. For the payments of value above Rs. 50,000, stakeholders would have the
        option to either make the payment in electronic mode, or paper challan

    ›   Delegation of Power Central Government to Regional Directors and Registrar of Companies for
        incorporation of Section 25 companies to reduce the time

    ›   Limits Enhanced from Rs.50,000/- to Rs. 2,50,000/- for obtaining approval of the Central Government for
        payment of remuneration to office or place of profit

    ›   Limits Enhanced from Rs. 24 lacs P.A to Rs. 60lacs P.A for Disclosure of Particulars of Employees Under
        Section 217(2A) of Companies Act, 1956

    ›   Green Initiatives in Corporate Sector - Company would have complied with Section 53 of the Companies
        Act, if the service of document has been made through electronic mode instead of Under Posting certificate
        (UPC)

    ›   Appointment of Cost Auditor by Companies reviewed - Appointment of cost auditor needs to be first
        considered by the Audit Committee and upon the recommendation of the audit committee Board can make
        the appointment of Cost Auditor

    ›   Informing PAN through DIN - Directors who have not furnished their PAN earlier at the time of obtaining
        DIN are required to furnish their PAN by filing e-form DIN-4

    ›   Word “partnership” in ICAI, ICWAI, ICSI Acts include LLPs - The words “partnership” wherever
        occurring in the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the




                                                                                                              Page 13 of 20
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2012-13



        Company Secretaries Act, 1980 shall mutatis mutandis be construed as including those Limited Liability
        Partnerships

    ›   Green Initiatives in the Corporate Governance:
             Issue of Certificates by RoC by Digital Signature
             Ministry allows holding shareholders' meetings through video conferencing
             Participation by Directors in Board / Committee Meetings through video conferencing
             Approval of appointment of agency for providing electronic platform for e-voting under Companies
              Act, 1956


    ›   Filing of event based forms not to be accepted until Annual forms/returns are filed - No e-filing shall be
        accepted by the RoC from Directors of defaulting companies for any other company also until updated
        Balance Sheet and Profit & Loss Accounts and Annual Return are filed with the Registrar of Companies

    ›   Settlement of prosecutions cases through Lok Adalats – MCA organized Lok Adalats for swift disposal of
        pending prosecution cases against companies/directors

    ›   Fast Track Exit mode for defunct companies - Companies inoperative since incorporation or commenced
        business but became inoperative/defunct later on may apply for getting their names strike off from the RoC

    ›   Payment of MCA 21 Fees via NEFT - NEFT payment option will eliminate inconveniences caused due to
        payment processing delays

    ›   Synchronization of DPIN with DIN – MCA has decided to issue only one identification number to an
        individual for both the purpose DIN & DPIN

    ›   Waiver of approval of Central Government for payment of remuneration to professional managerial person
        by companies having no profits or inadequate profits

    ›   Simplified Procedure for amalgamation of Government Companies U/s 396 of the Companies Act, 1956 -
        Every Central Government Company which is applying to the Central Government for amalgamation with
        any other Government Company or Companies shall obtain approval of the Cabinet i.e. Union Council of
        Ministers

    ›   The Companies (Passing of the resolution by Postal Ballot) Rules, 2011 provides for voting by electronic
        mode - voting by shareholders may be carried on in electronic mode




                                                                                                             Page 14 of 20
The Compliance Galaxy
2012-13




    RBI/FEMA
    ›   Central Registry, a public database, established to prevent frauds in loan cases involving multiple lending
        from different banks on the same immovable property

    ›   FII investment limit in listed non-convertible debentures / bonds, with a residual maturity of five years and
        above, and issued by Indian companies in the infrastructure sector enhanced from USD 5 billion to USD
        25 billion

    ›   With a view to liberalising the import procedure limit for requirement of furnishing bank guarantee
        increased from USD 100,000 to USD 200,000 or its equivalent

    ›   To provide operational flexibility and ease the procedure for FDI related transactions, RBI has decided to
        permit AD to open and maintain, without its prior approval non-interest bearing Escrow accounts in
        Indian Rupees in India on behalf of residents and / or non-residents, to facilitate FDI transactions

    ›   Pledge of shares of an Indian company held by non-resident investor/s in favour of AD Category - I banks
        allowed

    ›   Bank loans to all MFIs, including NBFCs working as MFIs on or after April 1, 2011, will be eligible for
        classification as priority sector loans

    ›   With a view to providing more operational flexibility to Indian corporates having investments abroad, it
        has been decided to further liberalise / rationalise as following:

           a. Only 50 per cent of the amount of the performance guarantees to be reckoned for the purpose of
              computing financial commitment to its JV/WOS overseas;

           b. Indian promoters who have set up WOS abroad or have at least 51% stake in an overseas JV, may
              write off capital (equity / preference shares) or other receivables and management fees in respect of
              the JV/WOS;

           c. Listed Indian promoter companies with net worth of less than Rs.100 crore and investment in an
              overseas JV/WOS not exceeding USD 10 million allowed for disinvestment under the Automatic
              Route;

           d. Issue of guarantee by an Indian party to step down subsidiary of JV/WOS now under general
              permission

    ›   The issuance of equity, preference shares under the government route of the foreign direct investment
        scheme permitted for some categories




                                                                                                                Page 15 of 20
The Compliance Galaxy
2012-13




    ›   Designated AD Category-I banks to approve the request from the ECB borrowers with respect to change in
        the recognized lender

    ›   Enhancement of ECB limit under the automatic route to USD 750 million or equivalent per financial year

    ›   Transfer of shares between resident and non-resident investors allowed under the foreign direct investment
        route without its prior permission with certain exceptions

    ›   Based on the recommendations of the Malegam Committee Report a new Category of NBFCs-‘Non
        Banking Financial Company-Micro Finance Institutions’(NBFC-MFIs) introduced

    ›   Powers for Compounding of Contraventions under FEMA, 1999 delegated to regional offices

    ›   Restrictions under Section 20 of the Banking Regulation Act, 1949 would apply to grant of loans and
        advances to spouse and minor/dependent children of the Directors of banks as well

    ›   Revised procedure for Reporting of Software Exports introduced for those software exporters whose annual
        turnover is excess of Rs. 1,000 Crores or who submits at least 600 Softex Forms annually

    ›   Limit for foreign exchange remittance towards imports without any documentation formalities, enhanced
        from USD 500 or its equivalent to USD 5000 or its equivalent



    INCOME TAX
    ›   Government proposes to issue biometric PAN card to the asssessee

    ›   Firm or individual/HUF covered under section 44AB are mandatorily required to file ITR-5 or ITR-4
        electronically using digital signature

    ›   Prior permission from the income tax authorities needed for creating a charge



    COMMERCIAL TAX
    ›   Due date for payment & filing o f Professional Tax Return has been revised to 10th of every month

    ›   VAT @ 20% has been imposed on certail tobbaco products

    ›   VAT rate for schedule IV products been increased to 5% from the existing 4%




                                                                                                             Page 16 of 20
The Compliance Galaxy
2012-13




    ›   Agents selling agricultural produce on behalf of agricultural principals are been exempted from VAT
        Registration

    ›   Interest for delay in payment of vat amount has been increased to 1.25% from the existing rate of 1%

    ›   The marginal Textile dealers with an annual taxable turnover of above Rupees 5 Lakhs and below Rupees
        40 Lakhs will be subjected to levy of tax at the rate of only 1%

    ›   Textile and sugar are exempted from tax under CST Act vide GO. MS. 2328 and is still in force

    ›   Dealers who are engaged in integrated activity of Printing & Supplying of printed materials may have an
        option to pay tax by way of composition @ 4% on 60% of total value of such supplies received and
        receivable

    ›   Input tax credit for the dealers paying VAT under Section 4 (7)(a) of AP VAT Act has reduced to 75%



    SERVICE TAX
    ›   Club or association service provided by a registered cooperative society has been exempted from service tax

    ›   With effect from 01.04.2012 service tax will need to be charged at 12.36%

    ›   Limits under the alternate payment option given to foreign exchange service proverders has been enhanced

    ›   Abatement of 60% has been granted to aircraft operator for rendering service to passengers on domestic
        and international journey

    ›   The composition rate of service tax on works contract has been amended to 4.80% from the existing 4%

    ›   34 new services has been introduced and enlisted under service tax exemption category

    ›   Notification has been passed in regard to certain category of service where both service receiver and service
        provider are made liable for the payment of service tax.

    ›   Medical services in terms of sub-clause (zzzzo) of section 65(105) has been exempted from service tax

    ›   Exemption has been granted to the taxable service as referred to in sub-clause (zzzzw) of clause (105) of
        section 65 of the said Act, when the declared tariff for providing of such accommodation is less than
        rupees 1000 per day from the whole of the service tax leviable thereon under section 66 of the said Act.




                                                                                                                Page 17 of 20
The Compliance Galaxy
2012-13




    EXCISE
    ›   E-Filing of excise returns has been made mandatory from 01.10.2011

    ›   Products such as uniforms or made-up articles like quilt, blankets, towels, linen etc. bearing the name or
        logo of a school, security agency, company, hotel or airline etc would not merit treatment as “branded”
        products



    CUSTOMS
    ›   Custom officials may permit Re-export of goods and DEPB Credit tcrip for goods imported under DEPB
        credit to the exporters

    ›   OSPCA (On Site Post Clearance Audit) will be initiated in respect of ACP - Accredited Client Programme


    ›   CBEC imposed definitive anti-dumping duty on the imports of Coumarin originating in, or exported from,
        the People’s Republic of China which are imported into India



    SEBI
    ›   With a view to enhance information available in the public domain on performance of asset pools on which
        securitized debt instruments are issued, it has been decided to put in place a Listing Agreement for
        securitized debt instruments

    ›   ASBA (Applications Supported by Blocked Amount) facility mandatory for all non-retail investors (HNIs
        and institutional investors) investing in public and rights issues

    ›   Methodology of calculating the Annual Issuers charges changed. The annual issuers’ charges would be
        based on the average no. of folios (ISIN positions) during the previous financial year instead of the total
        number of folios (ISIN positions) as on 31st March of the previous financial year

    ›   SEBI to allow investors eligible for differential pricing to make the payment of discounted price at the time
        of bidding itself, subject to compliance of appropriate disclosure and other norms

    ›   Mutual Funds/AMCs have been advised to invariably provide an option to the investors to to hold units in
        demat form




                                                                                                                Page 18 of 20
The Compliance Galaxy
2012-13



    ›   Guidelines for change of name of listed companies liberalized. New rules facilitates change of name even if
        amount invested in the new activity/project (Fixed Assets + Advances + Works in Progress) is at least 50%
        of the assets of the company

    ›   New Centralized web based complaints redress system ‘SCORES’ (SEBI Complaints Redress System)
        launched for speedy processing of investor complaints

    ›   Stock Exchanges may consider granting membership to LLPs subject to LLP complying with the
        conditions laid down in Rule 8(4A) of the SCRR

    ›   SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 notified in place of erstwhile
        takeover code for enhanced governance of the securities as well as capital market

    ›   Amendments to the Equity, IDR and SME Equity Listing Agreements:

           a. Listed entities shall also submit the last quarter results along with the audited annual results
           b. Submission of unaudited results shall be accompanied by the limited review report of the auditors
           c. Soft copies of full annual reports to be sent all those shareholders who have registered their email
              addresses for the purpose

    ›   Merchant bankers to disclose the track record of the performance of the public issues managed by them

    ›   BSE and NSE (Stock exchanges) mandated to provide a separate window, i.e. apart from the existing
        trading system for the normal market segment, to facilitate promoters of listed companies (which are
        required to comply with minimum public shareholding requirements) to dilute/offload their holding in
        listed companies in a transparent manner with wider participation

    ›   To kick start the stock exchange for small and medium enterprises (SMEs), the capital market decided to
        standardize the lot size lot size for initial public offer (IPO) proposing to list on SME exchange.



                                                      ………….




                                                                                                                Page 19 of 20
The Compliance Galaxy
2012-13




                                                               DISCLAIMER

    The above information is only indicative and solely for informational purpose and private circulation. RANJ & Associates, Company
    Secretaries intend to, but do not guarantee or promise that it is correct, complete / up-to-date. We expressly disclaim any liability to
    any person in respect of anything, and of consequences of anything done, or omitted to be done by any such person in reliance upon the
    contents of this document. The information in this document is as of April 01, 2012.




                                                                                                                                      Page 20 of 20

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RANJ Compliance Galaxy 2012-13

  • 1. THE COMPLIANCE GALAXY 2012-13 INSIDE THE ISSUE: › Compliance calendar……………….02 › Rate chart……………………………07 › Corporate updates at a glance……..13
  • 2. The Compliance Galaxy 2012-13 COMPLIANCE CALENDAR A Compliance Calendar assists a business entity to plan the payment and submission of various reports, certificates, returns, information, documents before the due date rings the door bell. Hence, following is the list of monthly, quarterly, half-yearly and yearly compliances applicable to various business entities which would assist an organization in timely compliances under various legislations: MONTHLY COMPLIANCES DUE LEGISLATION NATURE OF COMPLIANCE DATE Payment for the previous month (For Corporate Dealers) Service Tax (If payment is made through cheque) 5th Payment for the previous month (In case of Non SSI Dealer) Central Excise Act 1944 (If payment is made through cheque) Payment for the previous month (For Corporate Dealers) Service Tax (If payment is made otherwise than through cheque) 6th Payment for the previous month (For Corporate Dealers) Central Excise Act (If payment is made otherwise than through cheque) Income Tax Act, 1961 Payment of TDS/TCS for the previous month VAT/CST Payment for the month of March VAT/CST Filing of return for the month of March 7th ECB Filing of return for reporting of actual transactions of ECB Monthly Return on Capital Market Exposure to be submitted by RBI Guidelines NBFCs-D Monthly Return on Important Financial Parameters of NBFCs not RBI Guidelines accepting/holding public deposits and having asset size of Rs.100 crore and above to be submitted by NBFC-ND-SI Filing of return for the previous month Excise (In case of Non SSI Dealer) APTPTCE Act Payment & Filing for the previous month (By Employer) 10th APLW Act Payment of contribution for the previous month A Statement of short term dynamic liquidity to be submitted by RBI Guidelines NBFC-ND-SI VAT Payment for the previous month (If payment is made through cheque) 15th CST Payment for the previous month (If payment is made through cheque) VAT- Andhra Pradesh Value Added Tax Act 2005 CST- Central Sales Tax, 1956 SSI- Small Scale Industry ECB- External Commercial Borrowing NBFCs - Non-Banking Financial Companies NBFCs-D- Deposit taking NBFCs NBFCs-ND- Non-Deposit taking NBFCs. NBFCs-ND-SI- NBFCs not accepting/holding public deposits and having asset sizes of Rs.100 crore and above APTPTCE Act – Andhra Pradesh Tax on Professions, Trade, Callings and Employment Act 1987 APLW Act - AP Labour Welfare Act, 1970 Page 2 of 20
  • 3. The Compliance Galaxy 2012-13 The AP Entertainment Payment & Filing of return for the previous month Tax 1939 (Amusement & Recreation) Payment & Filing of return for the previous month Entry Tax Act 2001 (Non registered dealers) AP Tax on Luxuries Act Payment & Filing of return for the previous month 1987 15th Payment of contribution for the previous month EPF Filing of Declaration for employees joined during the previous month Employees State Insurance Act 1948 Filing of Declaration for employees joined during the previous month (ESIC) Payment for the previous month VAT (If payment is made otherwise than through cheque) Filing of return for the previous month 20th CST Filing of Return for the previous month The AP Entertainment Payment & Filing of return for the previous month (Others) Tax 1939 Payment & Filing of return for the previous month Entry Tax Act 2001 (Registered Dealers) ESIC Payment of contribution for the previous month 21st VAT Payment of Works Contract Tax (TDS) for the previous month Filing of Consolidated Statement of dues Filing of return for employees qualifying for the first time under the 25th EPF act Filing of return for employees resigned from the organization Filing of nomination form for new joinees 30th EE (CNV) Act Filing of notification of vacancies QUARTERLY COMPLIANCES DUE DATE LEGISLATION NATURE OF COMPLIANCE Payment for the previous month (For Corporate Dealers) Service Tax (If payment is made through cheque) 05th of July, Oct, Jan Payment for the previous month (For Corporate Dealers) Central Excise Act (If payment is made through cheque) Payment for the previous month (For Corporate Dealers) Service Tax (If payment is made otherwise than through cheque) 06th of July, Oct, Jan Payment for the previous month (For Corporate Dealers) (If payment is made otherwise than through cheque) Central Excise Act 10th of July, Oct, Jan & Filing of return for the previous quarter April EE (CNV) Act - Employment Exchange (Compulsory Notifications of Vacancies) Act 1959 TDS- Tax deducted at source TCS - Tax collected at Source EPF- Employees Provident Fund and Misc. Provisions Act 1952 Page 3 of 20
  • 4. The Compliance Galaxy 2012-13 10th of July, Oct, Jan & APSE Act Filing of return for the previous quarter April 15th of July, Oct, Jan Filing of TDS/TCS return for the previous quarter I-T Act 15th of May Filing of TDS/TCS return for the quarter ended March 15th of July, Oct, Jan & EE (CNV) Act Filing of return for the previous quarter April 15th of June, Sept, Dec I-T Act Payment of Installment of Advance Tax & March Payment of Turnover Tax & Filing of return for the VAT 30th of July, Oct, Jan & previous quarter April Filing of C-Form details and utilized way bill details for VAT/CST the previous quarter Filing of Annual Financial Information Statement for the 30th of Nov Central Excise Act previous Financial year 31st of March Service Tax Payment for the previous month (For Corporate Dealers) NBFC APD Submission of Quarterly Return by NBFCs-D Submission of Quarterly Statement of Capital Funds, Risk NBFCs PN (RB) D Assets etc by NBFCs-D 15th of April, July, Oct, Submission of Quarterly Return on Statutory Liquid RBI Act Jan Assets by NBFCs-D Submission of Quarterly Return on repayment of deposits RBI Act by rejected companies holding public deposit Submission of Quarterly Return of Capital Funds, Risk RBI Act Asset Ratio by NBFCs-ND-SI Payment for the previous quarter 31st of March Central Excise Act (For SSI Registered Dealers) Quarterly return to be submitted by non-deposit taking 30th of April, July, Oct, RBI Guidelines NBFCs with asset size of Rs 50 crore and above but less Jan than Rs 100 crore Within 15 days of end of Submission of Compliance Report on Corporate Listing agreement quarter Governance Within 21 days of end of Submission of Share holding Pattern to the Stock Listing agreement quarter Exchange SEBI (Depositories & Participants) Regulations, 1996 & 30th of July, Oct, Jan, Submission of Reconciliation of Share Capital Audit SEBI Circular No. April Report D&CC/FITTC/Cir- 16/2002 dated 31.12.02 Before the end of quarter Listing agreement Holding of Audit Committee Meeting Before the end of quarter Companies Act Holding Board Meeting Within 48 hours of Board Publication of quarterly results in newspapers Listing agreement meeting (English & Vernacular Language) NBFC APD - Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1999 NBFCs PN (RB) D - Non-Banking Financial Companies Prudential Norms (Reserve Bank) Directions, 1998 APSE Act - AP Shops & Establishments Act 1988 I-T Act- Income Tax Act 1961 Page 4 of 20
  • 5. The Compliance Galaxy 2012-13 Within 45 Days of the Limited Review Report from the Statutory Auditors Listing Agreement end of Quarter (in case of submission of Unaudited last quarter results) HALF YEARLY COMPLIANCES DUE DATE LEGISLATION NATURE OF COMPLIANCE 12th of May & Nov ESIC Filing of return for the previous Half year ended 15th of July Factories Act, 1948 Filing of Half yearly return 25th of Oct & April Service Tax Filing of return for the previous Half year ended Submission of Statement of structural to be submitted by 20th April/ 20th Oct RBI Guidelines NBFC-ND-SI Submission of Statement of Interest Rate Sensitivity to be 20th April/ 20th Oct RBI Guidelines submitted by NBFC-ND-SI Submission of Asset-Liability Management (ALM) Return 30th April/ 30th Oct RBI Guidelines to be submitted by NBFCs-D having public deposit of Rs 20 crore 30th of July & Jan CL Act Filing of Half yearly return Within 1 month of end of half year and within 24 Certificate from Practising Company Secretary (PCS) Listing Agreement hours after signing of under Clause 47C PCS ANNUAL COMPLIANCES DUE DATE LEGISLATION NATURE OF COMPLIANCE Filing of Annual Installed Capacity Statement for financial Excise year ended 30th of April Renewal of Professional Tax registration APTPTCE Act Filing of Annual return statement EPF Filing of Annual Return of contribution cards 30th of June APTPTCE Act Payment of tax for Directors & Company Filing of Annul Return on Foreign Assets & Liabilities 15th of July FEMA under FEMA 31st of July Filing of income tax returns (In case of non audit entity) Income Tax Filing of Income tax returns (in case of Audit entities) 30th of Sept Annual Returns By deposit taking NBFCs NBFC (As required by “Non-Banking Financial Companies FEMA – Foreign Exchange Management Act 1999 CL Act - Contract Labour (Regulation & Abolition) Act 1970 Page 5 of 20
  • 6. The Compliance Galaxy 2012-13 Acceptance of Public Deposits (Reserve Bank) Directions, 1998”.) to be submitted by NBFCs-D 31st of Oct CL Act Application for renewal of license 30th of Nov APSE Act Renewal of registration Payment of Bonus Act, 30th of Dec Filing of Annual return 1965 VAT Submission of Audited Trading, P & L Account 31st of Dec APLWAct Filing of Yearly return 15th of Jan Factories Act, 1948 Filing of Annual return Minimum Wages Act, Filing of Annual return 1948 01st of Feb Payment of Wages Act, Filing of Annual return 1936 15th of Feb CL Act Filing of Annual return Listing Agreement Annual Listing Fees 30th of April Listing Agreement Annual Custodial fees to NSDL/CDSL 30th of June Companies Act, 1956 Return of Deposits Within 45 days of the Intimation regarding submission of Annual audited Results Listing Agreement end of Quarter (if unaudited last quarter results not submitted) Submission of Annual Audited (along with audit report) if 30th of May Listing Agreement last quarter unaudited results not submitted Within 2 working SEBI (Prohibition of days of receipt of Annual disclosures under regulation 13(6) regarding Insider Trading) information u/r 13(3) Details of change in shareholding Regulations, 1992 & (4) Within 6 months from the close of Companies Act, 1956 Holding Annual General Meeting (AGM) financial year Within 30 days of Filing of Balance sheet, Profit and Loss Account and other Companies Act, 1956 date of AGM documents Within 60 days of date of Annual Companies Act, 1956 Filing of Annual return general meeting Page 6 of 20
  • 7. The Compliance Galaxy 2012-13 RATE CHART RATES UNDER AP VALUE ADDED TAX S. Particulars Rate No SCHEDULE RATES 1. Schedule I 0% 2. Schedule III 1% 3. Schedule IV 5% 4. Schedule V 14.50% 5. Schedule VI Special Rates COMPOSITION SCHEME 6. Works contract executed for State Government or Local authority 4% 7. Works contract executed for other than state Government or Local 4% authority 8. Apartment Builders and Developers 4% on 25% of total consideration STANDARD DEDUCTIONS FOR WORKS CONTRACT 9. Electrical Contracts 15% to 25% 10. All structural contracts 35% 11. Installation of plant and machinery 15% 12. Fixing of marble slabs, polished granite stones 25% and tiles (other than mosaic tiles) 13. Civil works like construction of buildings, 35% bridges roads etc 14. Design, fabrication and installation of centralized Air-conditioning 5% plant, Air Handling units, Refrigeration plants and any other Heating, Ventilating and Air Conditioning Systems. 15. 15% Fixing of sanitary fittings for plumbing, drainage and the like 16. Painting and polishing 25% 17. Laying of pipes 25% 18. Tyre re-treading 40% 19. Dyeing and printing of textiles 40% 20. Printing & Supplying of printed material 40% 21. All other contracts 30% TDS ON WORKS CONTRACT TAX 22. All categories of contracts not falling in sub-clauses (ii) 4% of 70% of total consideration 23. Contracts for laying or repairing or roads and contracts for canal 2% of 70% of the amount digging, lining and repairing. Page 7 of 20
  • 8. The Compliance Galaxy 2012-13 AP TURNOVER TAX RATE Particulars Rate On total sale value 1% CENTRAL SALES TAX RATES Particulars Rate 2% (or) the state level VAT rate, On Gross value of Inter-state sales transaction whichever is lower AP PROFESSIONAL TAX RATES Category Range Rate (Rs.) Directors -- 2500/- P.A. Estate Agents or Brokers -- 550/- P.M. Companies -- 2500/- P.A. Partners -- 500/- P.A. Occupiers of Factories -- 1000/- P.A Sub-brokers recognized by the Stock -- 1000/- P.A. Exchange Board of India Property Developers including Land -- 2500/- P.A. Developers and Building / Flat Developers Owners of Residential hotels and -- 2500/- P.A. lodging houses having > 20 rooms Individuals or institutions conducting -- 2500/- P.A. Chit funds Chartered Accountants >2 and < 5 years in profession 500/- P.A. > 5 years in profession 2500/- P.A. Salary & wage earners Range 5001 to 6000 60/- P.M. Range 6001 to 10000 80/- P.M. Range 10001 to 15000 100/- P.M. Range 15001 to 20000 150/- P.M. Above 20000 200/- P.M. Contractors Class I 2500/- P.A. Class II 1500/- P.A. Class III 500/- P.A. Other Contractors Work executed < 10lacs 500/- P.A. Work executed > 10lacs 1500/- P.A. Employers Under AP Shops & Employees >1 and < 5 110/- P.A. Establishment Act Employees >5 and < 10 400/- P.A. Employees >10 and < 20 1000/- P.A. Page 8 of 20
  • 9. The Compliance Galaxy 2012-13 Employees > 20 2500/- P.A. Co-operative Societies State level Society 2500/- P.A. Co-Operative Sugar Factories, Spinning 2500/- P.A. Mills, Banks District level Society 330/- P.A. Mandal level Society 220/- P.A Village level Society 150/- P.A Persons other than the above 750/- P.A SERVICE TAX RATES Particulars Rate on the gross value of services rendered Registered dealers under service tax 12% Nature of taxable service Abatement Rate Mandap keeper Service 60% Tour Operator Service in relation to package tour 75% Tour Operator Service (booking of accommodation) 90% Tour Operator Service (other than above two mentioned) 60% Renting of Cab 60% Renting of hotels, inn, guest houses clubs others 40% Supply of food or any other article of human consumption at Convention service, 30% hotels, clubs, pandal, shamiana or any other place specially arranged for organizing function Services involved in supply of food or any other article of human consumption or 70% any drink restaurant at (which has licence to service alcoholic beverages) Services involved in supply of food or any other article of human consumption or 40% any drink as outdoor catering service Chit Service 70% Business Auxiliary Service 30% Erection Commission & installation service 67% GTA 75% Financial leasing service 90% Pandal & Shamiana 30% Construction of complex When land value is included 75% When land value is not included 67% Transport of goods by rail 70% Transport of passengers by rail 30% Aircraft operator 40% Page 9 of 20
  • 10. The Compliance Galaxy 2012-13 Nature of taxable service Optional scheme Insurer 3% of the premium charged in the first year and 1.5% in subsequent years Foreign Exchange 0.12% of the gross amount of currency exchanged for an amount upto rupees 100,000, subject to the minimum amount of Rupees 30; and Rupees 120 and 0.06 per cent. of the gross amount of currency exchanged for an amount of Rupees exceeding 100,000 and upto rupees 10,00,000; and Rupees 660 and 0.12 per cent. of the gross amount of currency exchanged for an amount of rupees exceeding 10,00,000, subject to maximum amount of rupees 6000: Composition rate 4.80% CENTRAL EXCISE DUTY Particulars Rate Basic Duty Proposed in Budget 2012 12 % LUXURY TAX Particulars Rate Luxuries provided by Hotels Charges below Rs. 300/- Per day per person Nil Charges above Rs. 300/- Per day per person 5% Luxuries provided by Corporate Hospitals Charges below Rs. 500/- Per day per person Nil Charges above Rs. 500/- Per day per person 10% Tobacco Products Chewing Tobacco preparations commonly known as Khara, Masala, 50 paise in every rupee Kimam, Dokta, Zarda, Sukha and Surti. Cigarettes 05 paise in every rupee INCOME TAX RATES FY 2011-12 Rate FY 2012-13 Rate Upto1,80,000 (Individuals, HUF, Nil Upto 2,00,000 (Individuals, HUF, Nil AOP, BOI, AJP) AOP, BOI, AJP) Up to 1,90,000 (for women) Nil Up to 2,00,000 (for women) Nil Up to 2,50,000 (for resident Nil Up to 2,50,000 (for resident Nil individual of 60 years or above) individual of 60 years or above) Page 10 of 20
  • 11. The Compliance Galaxy 2012-13 Up to 5 Lacs (senior citizens > Nil Up to 5 Lacs (senior citizens > Nil 80years) 80years) 1,80,001 – 5,00,000 10% 2,00,001 – 5,00,000 10% 5,00,001 – 8,00,000 20% 5,00,001 – 10,00,000 20% 8,00,001 upwards 30% 10,00,001 upwards 30% ENTERTAINMENT TAX Particulars Rate A/C and Air Cooled Theatres 20% Other Theatres 18% SURCHARGE RATE Particulars Rate On domestic companies (Total Income > 1 Crocre) 5% On other than domestic companies (Total Income > 1 Crocre) 2% EDUCATION CESS Particulars Rate Education cess on income tax 2% Secondary & Higher education cess on income tax 1% PROVIDENT FUND CONTRIBUTION Particulars Rate Employers contribution to Provident Fund 3.67% Employers contribution to Pension Fund 8.33% Employers contribution to EDLI 0.5% Employers contribution towards the Administrative charges for Provident Fund 1.10% Employers contribution towards the Administrative charges for EDLI 0.01% Employee contribution 12% ESI CONTRIBUTION Particulars Rate Employers contribution 4.75% Employee contribution 1.25% Page 11 of 20
  • 12. The Compliance Galaxy 2012-13 TDS RATES Nature of Payment Section Code Individual Others /HUF Salary 192 Avg Rate Avg Rate Interest on Securities 193 10% 10% Deemed Dividend 194 10% 10% Interest other than Interest on securities (By 194A 10% 10% bank & others) Winning from Lotteries & Puzzles 194B 30% 30% Winning from Horse Race 194BB 30% 30% Payment to Contractors 194C(1) 1% 2% Payment to Adverting/Sub contractors 194C(2) 1% 2% Insurance Commission 194D 10% 10% Payment out of deposits under NSS 194EE 20% - Repurchase of Units by MF/UTI 194F 20% 20% Commission on sale of Lottery tickets 194G 10% 10% Commission & Brokerage 194H 10% 10% Rent – Land & Building 194I 10% 10% Rent – Plant & Machinery 194I 2% 2% Professional Fee & Technical Services, Royalty 194J 10% 10% & non compete fee Remuneration to Directors (Proposed in 194J 10% 10% Budget 2012) Compensation on acquisition of immovable 194LA 10% 10% property TCS RATES Nature of Goods Rate % Alcoholic liquor for human consumption 1% Tendu Leaves 5% Timber obtained from forest lease 2.5% Timber obtained from any mode other than forest lease 2.5% Any other forest produce not being timber or tendu leaves 2.5% Scrap 1% Parking lot 2% Toll plaza 2% Mining & Quarrying 2% Cash transaction in bullion and Jewellery (Proposed in Budget 2012) 1% Sale of Coal, Lignite and Iron ore 1% Page 12 of 20
  • 13. The Compliance Galaxy 2012-13 CORPORATE UPDATES AT A GLANCE (FY 2011-12) MCA › Schedule VI to the Companies Act, 1956 revised – Revised schedule VI applicable to all the companies uniformly for the financial statements to be prepared for the financial year ended 31st March, 2012 onwards › DIN procedure simplified - DIN application is to be made online pre-certified by a professional through e- form DIN1 and no physical submission of documents shall be required › Payment of Commission to Non-Whole time Directors of the company under section 309(4)(b) of the Companies Act, 1956 shall not require approval of the Central Government › Payment of fees through Electronic Mode made mandatory - payments of value upto Rs. 50,000, shall be made only in electronic mode. For the payments of value above Rs. 50,000, stakeholders would have the option to either make the payment in electronic mode, or paper challan › Delegation of Power Central Government to Regional Directors and Registrar of Companies for incorporation of Section 25 companies to reduce the time › Limits Enhanced from Rs.50,000/- to Rs. 2,50,000/- for obtaining approval of the Central Government for payment of remuneration to office or place of profit › Limits Enhanced from Rs. 24 lacs P.A to Rs. 60lacs P.A for Disclosure of Particulars of Employees Under Section 217(2A) of Companies Act, 1956 › Green Initiatives in Corporate Sector - Company would have complied with Section 53 of the Companies Act, if the service of document has been made through electronic mode instead of Under Posting certificate (UPC) › Appointment of Cost Auditor by Companies reviewed - Appointment of cost auditor needs to be first considered by the Audit Committee and upon the recommendation of the audit committee Board can make the appointment of Cost Auditor › Informing PAN through DIN - Directors who have not furnished their PAN earlier at the time of obtaining DIN are required to furnish their PAN by filing e-form DIN-4 › Word “partnership” in ICAI, ICWAI, ICSI Acts include LLPs - The words “partnership” wherever occurring in the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Page 13 of 20
  • 14. The Compliance Galaxy 2012-13 Company Secretaries Act, 1980 shall mutatis mutandis be construed as including those Limited Liability Partnerships › Green Initiatives in the Corporate Governance:  Issue of Certificates by RoC by Digital Signature  Ministry allows holding shareholders' meetings through video conferencing  Participation by Directors in Board / Committee Meetings through video conferencing  Approval of appointment of agency for providing electronic platform for e-voting under Companies Act, 1956 › Filing of event based forms not to be accepted until Annual forms/returns are filed - No e-filing shall be accepted by the RoC from Directors of defaulting companies for any other company also until updated Balance Sheet and Profit & Loss Accounts and Annual Return are filed with the Registrar of Companies › Settlement of prosecutions cases through Lok Adalats – MCA organized Lok Adalats for swift disposal of pending prosecution cases against companies/directors › Fast Track Exit mode for defunct companies - Companies inoperative since incorporation or commenced business but became inoperative/defunct later on may apply for getting their names strike off from the RoC › Payment of MCA 21 Fees via NEFT - NEFT payment option will eliminate inconveniences caused due to payment processing delays › Synchronization of DPIN with DIN – MCA has decided to issue only one identification number to an individual for both the purpose DIN & DPIN › Waiver of approval of Central Government for payment of remuneration to professional managerial person by companies having no profits or inadequate profits › Simplified Procedure for amalgamation of Government Companies U/s 396 of the Companies Act, 1956 - Every Central Government Company which is applying to the Central Government for amalgamation with any other Government Company or Companies shall obtain approval of the Cabinet i.e. Union Council of Ministers › The Companies (Passing of the resolution by Postal Ballot) Rules, 2011 provides for voting by electronic mode - voting by shareholders may be carried on in electronic mode Page 14 of 20
  • 15. The Compliance Galaxy 2012-13 RBI/FEMA › Central Registry, a public database, established to prevent frauds in loan cases involving multiple lending from different banks on the same immovable property › FII investment limit in listed non-convertible debentures / bonds, with a residual maturity of five years and above, and issued by Indian companies in the infrastructure sector enhanced from USD 5 billion to USD 25 billion › With a view to liberalising the import procedure limit for requirement of furnishing bank guarantee increased from USD 100,000 to USD 200,000 or its equivalent › To provide operational flexibility and ease the procedure for FDI related transactions, RBI has decided to permit AD to open and maintain, without its prior approval non-interest bearing Escrow accounts in Indian Rupees in India on behalf of residents and / or non-residents, to facilitate FDI transactions › Pledge of shares of an Indian company held by non-resident investor/s in favour of AD Category - I banks allowed › Bank loans to all MFIs, including NBFCs working as MFIs on or after April 1, 2011, will be eligible for classification as priority sector loans › With a view to providing more operational flexibility to Indian corporates having investments abroad, it has been decided to further liberalise / rationalise as following: a. Only 50 per cent of the amount of the performance guarantees to be reckoned for the purpose of computing financial commitment to its JV/WOS overseas; b. Indian promoters who have set up WOS abroad or have at least 51% stake in an overseas JV, may write off capital (equity / preference shares) or other receivables and management fees in respect of the JV/WOS; c. Listed Indian promoter companies with net worth of less than Rs.100 crore and investment in an overseas JV/WOS not exceeding USD 10 million allowed for disinvestment under the Automatic Route; d. Issue of guarantee by an Indian party to step down subsidiary of JV/WOS now under general permission › The issuance of equity, preference shares under the government route of the foreign direct investment scheme permitted for some categories Page 15 of 20
  • 16. The Compliance Galaxy 2012-13 › Designated AD Category-I banks to approve the request from the ECB borrowers with respect to change in the recognized lender › Enhancement of ECB limit under the automatic route to USD 750 million or equivalent per financial year › Transfer of shares between resident and non-resident investors allowed under the foreign direct investment route without its prior permission with certain exceptions › Based on the recommendations of the Malegam Committee Report a new Category of NBFCs-‘Non Banking Financial Company-Micro Finance Institutions’(NBFC-MFIs) introduced › Powers for Compounding of Contraventions under FEMA, 1999 delegated to regional offices › Restrictions under Section 20 of the Banking Regulation Act, 1949 would apply to grant of loans and advances to spouse and minor/dependent children of the Directors of banks as well › Revised procedure for Reporting of Software Exports introduced for those software exporters whose annual turnover is excess of Rs. 1,000 Crores or who submits at least 600 Softex Forms annually › Limit for foreign exchange remittance towards imports without any documentation formalities, enhanced from USD 500 or its equivalent to USD 5000 or its equivalent INCOME TAX › Government proposes to issue biometric PAN card to the asssessee › Firm or individual/HUF covered under section 44AB are mandatorily required to file ITR-5 or ITR-4 electronically using digital signature › Prior permission from the income tax authorities needed for creating a charge COMMERCIAL TAX › Due date for payment & filing o f Professional Tax Return has been revised to 10th of every month › VAT @ 20% has been imposed on certail tobbaco products › VAT rate for schedule IV products been increased to 5% from the existing 4% Page 16 of 20
  • 17. The Compliance Galaxy 2012-13 › Agents selling agricultural produce on behalf of agricultural principals are been exempted from VAT Registration › Interest for delay in payment of vat amount has been increased to 1.25% from the existing rate of 1% › The marginal Textile dealers with an annual taxable turnover of above Rupees 5 Lakhs and below Rupees 40 Lakhs will be subjected to levy of tax at the rate of only 1% › Textile and sugar are exempted from tax under CST Act vide GO. MS. 2328 and is still in force › Dealers who are engaged in integrated activity of Printing & Supplying of printed materials may have an option to pay tax by way of composition @ 4% on 60% of total value of such supplies received and receivable › Input tax credit for the dealers paying VAT under Section 4 (7)(a) of AP VAT Act has reduced to 75% SERVICE TAX › Club or association service provided by a registered cooperative society has been exempted from service tax › With effect from 01.04.2012 service tax will need to be charged at 12.36% › Limits under the alternate payment option given to foreign exchange service proverders has been enhanced › Abatement of 60% has been granted to aircraft operator for rendering service to passengers on domestic and international journey › The composition rate of service tax on works contract has been amended to 4.80% from the existing 4% › 34 new services has been introduced and enlisted under service tax exemption category › Notification has been passed in regard to certain category of service where both service receiver and service provider are made liable for the payment of service tax. › Medical services in terms of sub-clause (zzzzo) of section 65(105) has been exempted from service tax › Exemption has been granted to the taxable service as referred to in sub-clause (zzzzw) of clause (105) of section 65 of the said Act, when the declared tariff for providing of such accommodation is less than rupees 1000 per day from the whole of the service tax leviable thereon under section 66 of the said Act. Page 17 of 20
  • 18. The Compliance Galaxy 2012-13 EXCISE › E-Filing of excise returns has been made mandatory from 01.10.2011 › Products such as uniforms or made-up articles like quilt, blankets, towels, linen etc. bearing the name or logo of a school, security agency, company, hotel or airline etc would not merit treatment as “branded” products CUSTOMS › Custom officials may permit Re-export of goods and DEPB Credit tcrip for goods imported under DEPB credit to the exporters › OSPCA (On Site Post Clearance Audit) will be initiated in respect of ACP - Accredited Client Programme › CBEC imposed definitive anti-dumping duty on the imports of Coumarin originating in, or exported from, the People’s Republic of China which are imported into India SEBI › With a view to enhance information available in the public domain on performance of asset pools on which securitized debt instruments are issued, it has been decided to put in place a Listing Agreement for securitized debt instruments › ASBA (Applications Supported by Blocked Amount) facility mandatory for all non-retail investors (HNIs and institutional investors) investing in public and rights issues › Methodology of calculating the Annual Issuers charges changed. The annual issuers’ charges would be based on the average no. of folios (ISIN positions) during the previous financial year instead of the total number of folios (ISIN positions) as on 31st March of the previous financial year › SEBI to allow investors eligible for differential pricing to make the payment of discounted price at the time of bidding itself, subject to compliance of appropriate disclosure and other norms › Mutual Funds/AMCs have been advised to invariably provide an option to the investors to to hold units in demat form Page 18 of 20
  • 19. The Compliance Galaxy 2012-13 › Guidelines for change of name of listed companies liberalized. New rules facilitates change of name even if amount invested in the new activity/project (Fixed Assets + Advances + Works in Progress) is at least 50% of the assets of the company › New Centralized web based complaints redress system ‘SCORES’ (SEBI Complaints Redress System) launched for speedy processing of investor complaints › Stock Exchanges may consider granting membership to LLPs subject to LLP complying with the conditions laid down in Rule 8(4A) of the SCRR › SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 notified in place of erstwhile takeover code for enhanced governance of the securities as well as capital market › Amendments to the Equity, IDR and SME Equity Listing Agreements: a. Listed entities shall also submit the last quarter results along with the audited annual results b. Submission of unaudited results shall be accompanied by the limited review report of the auditors c. Soft copies of full annual reports to be sent all those shareholders who have registered their email addresses for the purpose › Merchant bankers to disclose the track record of the performance of the public issues managed by them › BSE and NSE (Stock exchanges) mandated to provide a separate window, i.e. apart from the existing trading system for the normal market segment, to facilitate promoters of listed companies (which are required to comply with minimum public shareholding requirements) to dilute/offload their holding in listed companies in a transparent manner with wider participation › To kick start the stock exchange for small and medium enterprises (SMEs), the capital market decided to standardize the lot size lot size for initial public offer (IPO) proposing to list on SME exchange. …………. Page 19 of 20
  • 20. The Compliance Galaxy 2012-13 DISCLAIMER The above information is only indicative and solely for informational purpose and private circulation. RANJ & Associates, Company Secretaries intend to, but do not guarantee or promise that it is correct, complete / up-to-date. We expressly disclaim any liability to any person in respect of anything, and of consequences of anything done, or omitted to be done by any such person in reliance upon the contents of this document. The information in this document is as of April 01, 2012. Page 20 of 20