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September 18, 2017
CORPORATE
MCA
MOU between the Ministry of Corporate
Affairs and Central Board of Direct Taxes
(CBDT) for Automatic and Regular Exchange
of Information
The Ministry of Corporate Affairs and
Central Board of Direct Taxes (CBDT) have
entered into a formal Memorandum of
Understanding (MoU) for data exchange to
take forward the initiative launched by the
Government of India to curb the menace of
shell companies, money laundering and
black money in the country and prevent
misuse of corporate structure by shell
companies for various illegal purposes. The
MoU will facilitate the sharing of data and
information between CBDT and MCA on an
automatic and regular basis. It will enable
sharing of specific information such as
Permanent Account Number (PAN) data in
respect of corporates, Income Tax returns
(ITRs) of corporates, financial statements
filed with the Registrar by corporates,
returns of allotment of shares, audit reports
and statements of financial transactions
(SFT) received from banks relating to
corporates. The MoU will ensure that both
MCA and CBDT have seamless PAN-CIN
(Corporate Identity Number) and PAN-DIN
(Director Identity Number) linkage for
regulatory purposes. The information shared
will pertain to both Indian corporates as well
as foreign corporates operating in India. In
addition to regular exchange of data, CBDT
and MCA will also exchange with each other,
on request, any information available in
their respective databases, for the purpose
of carrying out scrutiny, inspection,
investigation and prosecution.
http://pib.nic.in/newsite/PrintRelease.asp
x?relid=170769
MCA issues Clarification regarding
obligation with the Indian Accounting
Standards (Ind AS) and Rule 4 of Companies
(Indian Accounting Standards) Rules 2015
w.r.t payment banks, small finance banks
which are subsidiaries of Corporates
MCA has issued Clarification regarding
obligation with the Indian Accounting
Standards (Ind AS) and Rule 4 of Companies
(Indian Accounting Standards) Rules 2015
w.r.t payment banks, small finance banks
which are subsidiaries of Corporates. The
matter has been examined and it is hereby
clarified that the holding Company if it is
covered by the Corporate sector roadmap
for implementation of IND AS, shall follow
the corporate sector roadmap and if the
Company has got payment bank or small
finance bank as its subsidiary then subsidiary
Company shall follow the banking sector
roadmap prescribed by RBI. However, the
payment banks or small finance banks shall
provide the In AS financial data to its holding
Company for the purpose of consolidation.
http://www.mca.gov.in/Ministry/pdf/Com
paniesIndianAccountingStandardsGSR365E
_14092017.pdf
September 18, 2017
SEBI
Amendments to the SEBI (Infrastructure
Investment Trusts) Regulations, 2014 and
SEBI (Real Estate Investment Trusts)
Regulations, 2014
SEBI vide Press Release dated 18th
September, 2017 has approved
amendments to the SEBI (Infrastructure
Investment Trusts) Regulations, 2014 and
SEBI (Real Estate Investment Trusts)
Regulations, 2014. The following
amendments has been made:
i. Allowing REITs and InvITs to raise debt
capital by issuing debt securities
ii. Introducing the concept of Strategic
Investor for REITs on similar lines of InvITs
iii. Allowing single asset REIT on similar lines
of InvIT
iv. Allowing REITs to lend to underlying
Holdco/SPV
v. Amending the definition of valuer for both
REITs and InvITs.
Further, the Board, after deliberations,
decided to have further consultation with
the stakeholders on a proposal of allowing
REITs to invest at least 50% of the equity
share capital or interest in the underlying
Holdco/SPVs, and similarly allowing Holdco
to invest with at least 50% of the equity
share capital or interest in the underlying
SPVs.
http://www.sebi.gov.in/media/press-
releases/sep-2017/sebi-board-
meeting_35969.html
TAXATION
CBEC has extended the last date for filing
the return in FORM GSTR-3B for the months
August to December, 2017.
On the recommendations of the Council, the
return for the month, shall be furnished in
FORM GSTR-3B electronically through the
common portal on or before the last dates as
specified below :-
Month Last Date for filing of return
in FORM GSTR-3B
August,
2017
20th September, 2017
September,
2017
20th October, 2017
October,
2017
20th November, 2017
November,
2017
20th December, 2017
December,
2017
20th January, 2018
Further, every registered person furnishing
the return in FORM GSTR-3B shall, subject to
the provisions of section 49 of the said Act,
discharge his liability towards tax, interest,
penalty, fees or any other amount payable
under the said Act by debiting the electronic
cash ledger or electronic credit ledger, as the
case may be, not later than the extended
September 18, 2017
date, on which he is required to furnish the
said return.
http://www.cbec.gov.in/resources//htdoc
s-cbec/gst/35_2017-CT_Eng.pdf
For any query: Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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Acquisory news-bytes-18th-sep-2017

  • 1. September 18, 2017 CORPORATE MCA MOU between the Ministry of Corporate Affairs and Central Board of Direct Taxes (CBDT) for Automatic and Regular Exchange of Information The Ministry of Corporate Affairs and Central Board of Direct Taxes (CBDT) have entered into a formal Memorandum of Understanding (MoU) for data exchange to take forward the initiative launched by the Government of India to curb the menace of shell companies, money laundering and black money in the country and prevent misuse of corporate structure by shell companies for various illegal purposes. The MoU will facilitate the sharing of data and information between CBDT and MCA on an automatic and regular basis. It will enable sharing of specific information such as Permanent Account Number (PAN) data in respect of corporates, Income Tax returns (ITRs) of corporates, financial statements filed with the Registrar by corporates, returns of allotment of shares, audit reports and statements of financial transactions (SFT) received from banks relating to corporates. The MoU will ensure that both MCA and CBDT have seamless PAN-CIN (Corporate Identity Number) and PAN-DIN (Director Identity Number) linkage for regulatory purposes. The information shared will pertain to both Indian corporates as well as foreign corporates operating in India. In addition to regular exchange of data, CBDT and MCA will also exchange with each other, on request, any information available in their respective databases, for the purpose of carrying out scrutiny, inspection, investigation and prosecution. http://pib.nic.in/newsite/PrintRelease.asp x?relid=170769 MCA issues Clarification regarding obligation with the Indian Accounting Standards (Ind AS) and Rule 4 of Companies (Indian Accounting Standards) Rules 2015 w.r.t payment banks, small finance banks which are subsidiaries of Corporates MCA has issued Clarification regarding obligation with the Indian Accounting Standards (Ind AS) and Rule 4 of Companies (Indian Accounting Standards) Rules 2015 w.r.t payment banks, small finance banks which are subsidiaries of Corporates. The matter has been examined and it is hereby clarified that the holding Company if it is covered by the Corporate sector roadmap for implementation of IND AS, shall follow the corporate sector roadmap and if the Company has got payment bank or small finance bank as its subsidiary then subsidiary Company shall follow the banking sector roadmap prescribed by RBI. However, the payment banks or small finance banks shall provide the In AS financial data to its holding Company for the purpose of consolidation. http://www.mca.gov.in/Ministry/pdf/Com paniesIndianAccountingStandardsGSR365E _14092017.pdf
  • 2. September 18, 2017 SEBI Amendments to the SEBI (Infrastructure Investment Trusts) Regulations, 2014 and SEBI (Real Estate Investment Trusts) Regulations, 2014 SEBI vide Press Release dated 18th September, 2017 has approved amendments to the SEBI (Infrastructure Investment Trusts) Regulations, 2014 and SEBI (Real Estate Investment Trusts) Regulations, 2014. The following amendments has been made: i. Allowing REITs and InvITs to raise debt capital by issuing debt securities ii. Introducing the concept of Strategic Investor for REITs on similar lines of InvITs iii. Allowing single asset REIT on similar lines of InvIT iv. Allowing REITs to lend to underlying Holdco/SPV v. Amending the definition of valuer for both REITs and InvITs. Further, the Board, after deliberations, decided to have further consultation with the stakeholders on a proposal of allowing REITs to invest at least 50% of the equity share capital or interest in the underlying Holdco/SPVs, and similarly allowing Holdco to invest with at least 50% of the equity share capital or interest in the underlying SPVs. http://www.sebi.gov.in/media/press- releases/sep-2017/sebi-board- meeting_35969.html TAXATION CBEC has extended the last date for filing the return in FORM GSTR-3B for the months August to December, 2017. On the recommendations of the Council, the return for the month, shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as specified below :- Month Last Date for filing of return in FORM GSTR-3B August, 2017 20th September, 2017 September, 2017 20th October, 2017 October, 2017 20th November, 2017 November, 2017 20th December, 2017 December, 2017 20th January, 2018 Further, every registered person furnishing the return in FORM GSTR-3B shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger or electronic credit ledger, as the case may be, not later than the extended
  • 3. September 18, 2017 date, on which he is required to furnish the said return. http://www.cbec.gov.in/resources//htdoc s-cbec/gst/35_2017-CT_Eng.pdf For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com