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October 10-14, 2016
www.acquisory.com 1
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CORPORATE
RBI
Revision of interest rates for Small Savings
Schemes
Reserve Bank of India (RBI) vide Notification
No. RBI/2016-17/82
DGBA.GAD.881/15.02.005/2016-17 dated
13th October, 2016 has provided the details
with regard to revised rate of interest on
various small savings schemes for the third
quarter of the financial year 2016-17. As per
the Notification No.5(4)-B(PD)/2016 dated
October 3, 2016 of Ministry of Finance it has
been notified that the deposits made under
the Special Deposit Scheme for Non-
Government Provident, Superannuation and
Gratuity Funds, announced in the Ministry of
Finance (Department of Economic Affairs)
Notification No;F.16(l)- PD/175 dated 30th
June, 1975, shall with effect from 1st
October, 2016 to 31 st December,2016,,
bear interest at 8.0% {eight per cent} . This
rate will be in force w.e.f. 1st October,2016.
SEBI
Exclusively listed companies of De-
recognized/Non-operational/exited Stock
Exchanges placed in the Dissemination
Board (DB).
Securities Exchange Board of India (SEBI) in
its Circular no.
SEBI/HO/MRD/DSA/CIR/P/2016/110 dated
10th October, 2016 stated that exclusively
listed companies (ELCs) on the
Dissemination Board will be required to
exercise one of the two options — either
raise capital for listing on nation-wide stock
exchanges or exit from the dissemination
board. The nation-wide stock exchanges
hosting the ELCs on its dissemination board
will be referred to as designated
stock exchanges. To facilitate listing on
nation-wide stock exchanges, the ELCs on
the dissemination board will be allowed to
raise capital for meeting the listing
requirements through preferential
allotment route. The ELCs which fail to list on
the nation-wide stock exchanges under the
mechanism would provide exit opportunity
to its investors. The regulator will take action
against companies that will continue to be
on the dissemination board which
includes freezing of shares of the promoters
and directors and freeze bank accounts and
October 10-14, 2016
www.acquisory.com 2
other assets of promoters to compensate
investors.
http://www.sebi.gov.in/cms/sebi_data/at
tachdocs/1476076928746.pdf
MCA
MCA – Release of updated C&I Taxonomy
2016
MCA has released updated C&I Taxonomy
2016 for filing Annual Financial Statements
in Form AOC-4 XBRL in respect of financial
years commencing on or after
01.04.2014. The revised business rules along
with the change sheet and Taxonomy (2016)
is available on MCA portal w.e.f. 05,
October, 2016. MCA has also released MCA
XBRL Validation Tool
V3.0.4. The updated C&I Taxonomy 2016
and Validation Tool V3.0.4 is available on the
XBRL Portal. Stakeholders are advised to
refer the ‘Filing Manual’ available on XBRL
portal for ease filing of the financials in XBRL
format.
Revision of version of e-forms
MCA has revised the version of e-
forms : Form MGT-15 (Form for filing Report
on Annual General Meeting), Form FC-
3 (Annual accounts along with the list of all
principal places of business in India
established by foreign company), Form INC-
4 (One Person Company- Change in
Member/Nominee), Form MGT-14 (Filing of
Resolutions and agreements to the
Registrar), Form 23C (Form of application to
the Central Government for appointment of
cost auditor), Form 23D (Information by cost
auditor to Central Government), Form A-
XBRL (Form for filing XBRL document
in respect of compliance report and other
documents with the
Central Government), Form I-XBRL (Form for
filing XBRL document in respect of cost audit
report and other documents with the
Central Government), Form 23AC BRL(Form
for filing XBRL document in respect of
balance sheet and other documents with the
Registrar), Form 23ACA XBRL (Form for filing
XBRL document in respect of Profit and Loss
account and other documents with the
Registrar) and Form AOC-4 XBRL (Form for
filing XBRL document in respect of financial
statement and other documents with the
Registrar were recently revised on MCA21
Company Forms Download page.
Stakeholders are advised to check the latest
version before filing. Further, Costing
taxonomy 2012 for filing Forms I-XBRL and A-
XBRL along with business rules is available
on XBRL portal w.e.f. 08 Oct 2016.
MCA invites comments/suggestions on
draft regulations on Insolvency and
Bankruptcy Code, 2016
The MCA has issued Notice inviting
comments/ suggestions on the draft
regulations relating to Insolvency and
October 10-14, 2016
www.acquisory.com 3
Bankruptcy Code, 2016 available on the
website of MCA. MCA had set-up a working
group consisting of practitioners and experts
for making recommendations for drafting
regulations for registration and regulation
of insolvency professionals and insolvency
professional agencies under the Code. MCA,
on behalf of the Insolvency and Bankruptcy
Board of India has invited
comments/ suggestions which shall be
submitted in the prescribed format available
on the website of MCA latest by 28 Oct.
2016.
Withdrawal of e-Form INC-29 (Integrated
Incorporation Form)
MCA has notified that e-Form INC-29
(Integrated Incorporation Form) will be
withdrawn w.e.f. 1st November,
2016. Accordingly, e-Form INC-29 will no
longer be available on the MCA21 portal and
stakeholders will not be able to file any
previously downloaded versions from this
date. Stakeholders are requested to plan
accordingly and use SPICe (Simplified
Proforma for Incorporating Company
electronically), INC-2 (One Person
Company), or INC-7 (Incorporation of
Company) e-Forms, as applicable for
incorporation of Companies under the
Companies Act, 2013. MCA had recently
released SPICe forms where the entire
process of incorporation was made
electronic.
NCLT
NCLT constitutes Internal Complaints
Committee under Sexual Harassment of
Women (Prevention, Prohibition and
Redressal) Act, 2013
NCLT has constituted an Internal Complaints
Committee in terms of Section 4 of the
Sexual Harassment of Women (Prevention,
Prohibition and Redressal) Act, 2013 for all
benches of National Company Law Tribunal
for a period of three years. The Committee
shall constitute of 4 Members with Ms. Ina
Malhotra, Member (Judicial) acting as the
presiding officer of the Committee.
http://nclt.gov.in/orders/Hassashment%2
0of%20workplace_NCLT.pdf
TAXATION
Lump sum lease premium paid for
acquisition of long term lease shall not be
applicable for TDS under Section 194-I of the
Income Tax Act, 1961
Central Board of Direct Taxes (CBDT) vide
Circular No. 35/2016 dated 13th October,
2016 has clarified that lump sum premium or
one-time upfront lease charges, which are
not adjustable against periodic rent, paid or
payable for acquisition of long term
leasehold rights over land or any other
property are not payments in the nature of
rent within the meaning of Section 194-I of
the Income Tax Act, 1961 (Act). Therefore,
October 10-14, 2016
www.acquisory.com 4
such payments are not liable for Tax
Deduction at Source (TDS) under Section
194-I of the Act.
http://www.incometaxindia.gov.in/comm
unications/circular/circular35_2016.pdf
OTHERS
Fixed Term Employment introduced for
Apparel Manufacturing Sector- win-win
situation for both Employer's and
Employees
Ministry of Labour & Employment vide Press
Release dated 7th October, 2016 has
announced the Fixed Term Employment as
introduced in Apparel Manufacturing sector
in Industrial Employment (Standing Order)
Act vide Notification dated 7.10.2016 of
Ministry of Labour and Employment.
The decision would facilitate employment of
workers in Apparel manufacturing on fixed
term basis in the backdrop of seasonal
nature of sector and would also ensure same
working conditions, wages and other
benefits for fixed term employee in the
sector as a regular employee. It is thus win -
win situation for both employer's and
employees in Apparel manufacturing sector.
http://pib.nic.in/newsite/pmreleases.aspx
?mincode=21
For any query:
Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acquisory news-bytes10th14th-oct-2016

  • 1. October 10-14, 2016 www.acquisory.com 1 News Bytes CORPORATE RBI Revision of interest rates for Small Savings Schemes Reserve Bank of India (RBI) vide Notification No. RBI/2016-17/82 DGBA.GAD.881/15.02.005/2016-17 dated 13th October, 2016 has provided the details with regard to revised rate of interest on various small savings schemes for the third quarter of the financial year 2016-17. As per the Notification No.5(4)-B(PD)/2016 dated October 3, 2016 of Ministry of Finance it has been notified that the deposits made under the Special Deposit Scheme for Non- Government Provident, Superannuation and Gratuity Funds, announced in the Ministry of Finance (Department of Economic Affairs) Notification No;F.16(l)- PD/175 dated 30th June, 1975, shall with effect from 1st October, 2016 to 31 st December,2016,, bear interest at 8.0% {eight per cent} . This rate will be in force w.e.f. 1st October,2016. SEBI Exclusively listed companies of De- recognized/Non-operational/exited Stock Exchanges placed in the Dissemination Board (DB). Securities Exchange Board of India (SEBI) in its Circular no. SEBI/HO/MRD/DSA/CIR/P/2016/110 dated 10th October, 2016 stated that exclusively listed companies (ELCs) on the Dissemination Board will be required to exercise one of the two options — either raise capital for listing on nation-wide stock exchanges or exit from the dissemination board. The nation-wide stock exchanges hosting the ELCs on its dissemination board will be referred to as designated stock exchanges. To facilitate listing on nation-wide stock exchanges, the ELCs on the dissemination board will be allowed to raise capital for meeting the listing requirements through preferential allotment route. The ELCs which fail to list on the nation-wide stock exchanges under the mechanism would provide exit opportunity to its investors. The regulator will take action against companies that will continue to be on the dissemination board which includes freezing of shares of the promoters and directors and freeze bank accounts and
  • 2. October 10-14, 2016 www.acquisory.com 2 other assets of promoters to compensate investors. http://www.sebi.gov.in/cms/sebi_data/at tachdocs/1476076928746.pdf MCA MCA – Release of updated C&I Taxonomy 2016 MCA has released updated C&I Taxonomy 2016 for filing Annual Financial Statements in Form AOC-4 XBRL in respect of financial years commencing on or after 01.04.2014. The revised business rules along with the change sheet and Taxonomy (2016) is available on MCA portal w.e.f. 05, October, 2016. MCA has also released MCA XBRL Validation Tool V3.0.4. The updated C&I Taxonomy 2016 and Validation Tool V3.0.4 is available on the XBRL Portal. Stakeholders are advised to refer the ‘Filing Manual’ available on XBRL portal for ease filing of the financials in XBRL format. Revision of version of e-forms MCA has revised the version of e- forms : Form MGT-15 (Form for filing Report on Annual General Meeting), Form FC- 3 (Annual accounts along with the list of all principal places of business in India established by foreign company), Form INC- 4 (One Person Company- Change in Member/Nominee), Form MGT-14 (Filing of Resolutions and agreements to the Registrar), Form 23C (Form of application to the Central Government for appointment of cost auditor), Form 23D (Information by cost auditor to Central Government), Form A- XBRL (Form for filing XBRL document in respect of compliance report and other documents with the Central Government), Form I-XBRL (Form for filing XBRL document in respect of cost audit report and other documents with the Central Government), Form 23AC BRL(Form for filing XBRL document in respect of balance sheet and other documents with the Registrar), Form 23ACA XBRL (Form for filing XBRL document in respect of Profit and Loss account and other documents with the Registrar) and Form AOC-4 XBRL (Form for filing XBRL document in respect of financial statement and other documents with the Registrar were recently revised on MCA21 Company Forms Download page. Stakeholders are advised to check the latest version before filing. Further, Costing taxonomy 2012 for filing Forms I-XBRL and A- XBRL along with business rules is available on XBRL portal w.e.f. 08 Oct 2016. MCA invites comments/suggestions on draft regulations on Insolvency and Bankruptcy Code, 2016 The MCA has issued Notice inviting comments/ suggestions on the draft regulations relating to Insolvency and
  • 3. October 10-14, 2016 www.acquisory.com 3 Bankruptcy Code, 2016 available on the website of MCA. MCA had set-up a working group consisting of practitioners and experts for making recommendations for drafting regulations for registration and regulation of insolvency professionals and insolvency professional agencies under the Code. MCA, on behalf of the Insolvency and Bankruptcy Board of India has invited comments/ suggestions which shall be submitted in the prescribed format available on the website of MCA latest by 28 Oct. 2016. Withdrawal of e-Form INC-29 (Integrated Incorporation Form) MCA has notified that e-Form INC-29 (Integrated Incorporation Form) will be withdrawn w.e.f. 1st November, 2016. Accordingly, e-Form INC-29 will no longer be available on the MCA21 portal and stakeholders will not be able to file any previously downloaded versions from this date. Stakeholders are requested to plan accordingly and use SPICe (Simplified Proforma for Incorporating Company electronically), INC-2 (One Person Company), or INC-7 (Incorporation of Company) e-Forms, as applicable for incorporation of Companies under the Companies Act, 2013. MCA had recently released SPICe forms where the entire process of incorporation was made electronic. NCLT NCLT constitutes Internal Complaints Committee under Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 NCLT has constituted an Internal Complaints Committee in terms of Section 4 of the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 for all benches of National Company Law Tribunal for a period of three years. The Committee shall constitute of 4 Members with Ms. Ina Malhotra, Member (Judicial) acting as the presiding officer of the Committee. http://nclt.gov.in/orders/Hassashment%2 0of%20workplace_NCLT.pdf TAXATION Lump sum lease premium paid for acquisition of long term lease shall not be applicable for TDS under Section 194-I of the Income Tax Act, 1961 Central Board of Direct Taxes (CBDT) vide Circular No. 35/2016 dated 13th October, 2016 has clarified that lump sum premium or one-time upfront lease charges, which are not adjustable against periodic rent, paid or payable for acquisition of long term leasehold rights over land or any other property are not payments in the nature of rent within the meaning of Section 194-I of the Income Tax Act, 1961 (Act). Therefore,
  • 4. October 10-14, 2016 www.acquisory.com 4 such payments are not liable for Tax Deduction at Source (TDS) under Section 194-I of the Act. http://www.incometaxindia.gov.in/comm unications/circular/circular35_2016.pdf OTHERS Fixed Term Employment introduced for Apparel Manufacturing Sector- win-win situation for both Employer's and Employees Ministry of Labour & Employment vide Press Release dated 7th October, 2016 has announced the Fixed Term Employment as introduced in Apparel Manufacturing sector in Industrial Employment (Standing Order) Act vide Notification dated 7.10.2016 of Ministry of Labour and Employment. The decision would facilitate employment of workers in Apparel manufacturing on fixed term basis in the backdrop of seasonal nature of sector and would also ensure same working conditions, wages and other benefits for fixed term employee in the sector as a regular employee. It is thus win - win situation for both employer's and employees in Apparel manufacturing sector. http://pib.nic.in/newsite/pmreleases.aspx ?mincode=21 For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com