#DGFT amends Foreign Trade Amendment Order, 2017


Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan

Notification No. 51/2015-2020
New Delhi, Dated: 20 February, 2018

Subject: Amendment in the Foreign Trade (Exemption from application of Rules in certain cases) Amendment Order, 2017
S.O. (E): In exercise of the powers conferred by section 3, read with section 4, of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Central Government hereby deletes the following Rule provisions of the Foreign Trade (Exemption from application of Rules in certain cases) Amendment Order, 2017 as under:
SectionExisting ProvisionRevised position
3(1)(a) by the Central Government or agencies, undertakings owned and controlled by the Central Government for Defence purposes;(b) by the Central Government or any State Government, Statutory Corporation, public body or Government Undertaking run as a joint Stock Company;
(c) by the Central Government, any State Government or any statutory corporation or public body or Government Undertaking run as a joint Stock Company, orders in respect of which are placed through the Directorate General Supplies and Disposals, New Delhi
(a) by the Central Government or agencies, undertakings owned and controlled by the Central Government for Defence and Security purposes(b) by the State Government for Security purposes
(c) Deleted.
2. Effect of this Notification: Modification in Section 3(1) Section 3(1) (c) of the Foreign Trade (Exemption from application of Amendment Order, 2017 is notified.
(Alok Vardhan Chaturvedi)
Director General of Foreign Trade

E-mail: dgft[at]nic[dot]in
[Issued from F.No. 01/93/180/16/AM-16/ PC-2(B)]

Shell Companies: Option Available to Directors for Removal of Disqualification


As we all are aware that in September, 2017 the government of India steps up its fight against the black money. The Government of India with the help of Ministry of Finance, pushes ahead with the efforts to weed out shell companies (a term used for entities that have not been carrying out business for long and are allegedly used as conduit for illegal fund flows) has taken strict action against the shell Companies.

  • The first action was against those Companies that prima facie appears to be non-functional (also called “Shell Companies”). On 5th September, 2017 around 208,800 Companies were struck off from the data base of the Registrar of Companies (RoC);
  • The Ministry of Finance directed the branches of all the banks of those companies to restrict/stop the operation of the bank accounts of all such companies by their directors and authorized representatives;
  • Third step involves action against the defaulting Directors of those all Companies that did not filed their Annual returns or financial statements for the past three years. After MCA direction around 3,09,614 directors has been barred to continue on the board of Directors of any company in which they are Directors for the next five years. After this action the Digital signatures of all the disqualified directors can’t be used in filing of any document like annual reports and Balance sheet documents will not to be accepted by concerned RoC with which Company is registered.

In this Article we will try to discuss on the option which are available to  an Individual Director (i.e. directors who has been barred to continue on the board of Directors of any company for the next five years) to remove his disqualification.

First of all let us understand the relevant provision of Section 164 (2) (a) of the Companies Act, 2013, which dealt with the ground of Disqualifications.

“A company in which the Director is a part of the Board has not filed financial statements or annual returns for any continuous period of three financial years.”

The Section provides for disqualification of directors if the company has not filed financial statements or annual returns for a continuous period of three financial years (non-compliance ground). Disqualification under Section 164(2)(a) results in automatic vacation of the office of the disqualified director, under Section 167.

Let us understand the options to come out from the disqualification available in all the above three situations:-

SITUATION NO-1:

WHERE THE AGRIEVED PERSON IS A DIRECTOR IN ONLY ONE COMPANY AND THE STATUS OF THE SAME IS “STRIKED OFF” AS PER MCA DATABASE;

Some people are having an opinion that disqualification of Directors can be removed by filing of application in DIR-10 with Central Government. However, the fact is that such application in DIR-10 can be file only at the end of the tenure of five years post his disqualification.’

Therefore, Filing of DIR-10 before completion of 5 year is not a way out  for removal of disqualification of director or to get rid from the status of disqualified Director.

Considering the situation it can be conclude at present, since there seems to be  no remedy available as per the Companies Act, 2013, a Writ Petition can be made by the aggrieved director under Article 226 of the Constitution of India in the absence of any alternate remedy available.

On 21.09.2017, the Madras High Court has passed an interim order staying the RoC Chennai’s order of disqualification of Bhagavan Das Dhananjaya Das as   the director of Birdies and Eagles Sports Technology, a Private Company.

SITUATION NO-2:

WHERE AGRIEVED PERSON IS A DIRECTOR IN A COMPANY AND THE STATUS OF SAME IS STILL ACTIVE AS PER MCA DATABASE;

To opt “The Condonation of Delay Scheme, 2018” announced by the Ministry of Corporate Affairs and which is active from 1st January 2018 to 31st March 2018.

All the Directors who were recently disqualified for failure to file MCA annual return can file MCA eCODS form 2018 to regularize compliance and avoid permanent disqualification for a period of 5 years.

Once all the overdue annual returns have been filed, form eCODS must be filed  by the Director before 31st March 2018. Important Note: Form eCODS will not be available for download on the MCA Portal until 20th February 2018. 

However, the Directors will be allowed to file the overdue MCA annual return from 1st January 2018. Hence, all overdue compliance can be completed before the release of eCODS form by the MCA. Once form is made available, the Directors would have to file eCODS form with the details of all overdue MCA annual returns filed along with a payment of Rs.30,000/-

SITUATION NO-3:

WHERE AGRIEVED PERSON IS A DIRECTOR IN MORE THAN ONE COMPANY AND THE STATUS OF ONE COMPANY IS ACTIVE AND OTHER IS STRIKED OFF AS PER MCA DATABASE;

Considering the situation it can be conclude at present, since there seems to be no remedy available as per the Companies Act, 2013, a Writ Petition can be made by the aggrieved director under Article 226 of the Constitution of India in the absence of any alternate remedy available.

India and Iran signs DTAA on Taxation

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 17th February, 2018

PRESS RELEASE

Signing of DTAA by India and Iran on 17th February, 2018 India and Iran signed an Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income, today at New Delhi.

The Agreement is on similar lines as entered into by India with other countries. The Agreement will stimulate flow of investment, technology and personnel from India to Iran & vice versa, and will prevent double taxation. The Agreement will provide for exchange of information between the two Contracting Parties as per latest international standards. It will improve transparency in tax matters and will help curb tax evasion and tax avoidance.

The Agreement also meets treaty related minimum standards under G20 OECD Base Erosion & Profit Shifting (BEPS) Project, in which India participated on an equal footing.


(Surabhi Ahluwalia)

Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT.

Notification of Companies (Registered Valuers & Valuation) Amendment Rules, 2018

[TO BE REPUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY’ PART II’ SECTION 3, SUB-SECTION (i)l]

Government of India

Ministry of Corporate Affairs

Notification

New Delhi, the 9th February, 2018

G.S.R…….(E).- In exercise of the powers conferred by section 247 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Registered Valuers and Valuation) Rules, 2017, namely:-

1.   (1) These rules may be called the Companies (Registered Valuers and Valuation) Amendment Rules, 2018.

(2)   They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Registered Valuers and Valuation) Rules, 2017, in rule 11, for the figures, letters and word “31st March, 2018”, occurring at both the places, the figures, letters and word “30th September, 2018” shall be substituted.

[F.No.1/ 27/2013-CL-V Part)]

(K.V.R. Murty)

Joint Secretary to the Government of India

#SEBI Circular on Online Registration Mechanism


CIRCULAR

SEBI/HO/MRD/DSA/CIR/P/2018/14

January 29, 2018

To, All Recognised Stock Exchanges

Dear Sir / Madam,

Subject: Online Registration Mechanism and Filing System for Stock Exchanges

1. In order to ease the process of application for recognition / renewal, reporting and other filings in terms of the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 and other circulars issued from time to time, SEBI has introduced a digital platform for online filings related to Stock Exchanges.

2. All applicants desirous of seeking registration / renewalas a Stock Exchange in terms of Regulation 4 and 12 of the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012, shall now submit their applications online, through SEBI Intermediary Portal at https://siportal.sebi.gov.in.

3. The applicants would be required to upload scanned copy of relevant documents such as any declarations, undertakings, etc. as may be specified in Securities Contracts (Regulation) ( Stock Exchanges and Clearing Corporations) Regulations, 2012, and keep hard copy of the same to be furnished to SEBI whenever required.

4. Further, all other filings including Annual Financial Statements and Returns, Monthly Development Report, Rules, Bye-laws, etc., shall also be submitted online.

5. The aforesaid online registration and filing system for Stock Exchanges is operational. RecognisedStock Exchanges are advised to note the same for immediate compliance.

6. Link for SEBI Intermediary Portal is also available on SEBI website – www.sebi.gov.in. In case of any queries and clarifications, users may refer to the manual provided in the portal or contact the SEBI Portal helpline on 022- 26449364 or may write at portalhelp@sebi.gov.in.

7. This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 read with Regulation 50 and 51 of Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Yours faithfully,

BithinMahanta

Deputy General Manager

Tel: +91 22 26449634

e-mail: bithinm@sebi.gov.in

Cabinet Approves Amendment to the #MSME Act, 2006


Cabinet approves proposal for Amendment to the Micro, Small and  Medium Enterprises Development Act, 2006 to change the criteria of classification and to withdraw the MSMED (Amendment) Bill, 2015 – pending in Lok Sabha 

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved change in the basis of classifying Micro, Small and Medium enterprises from ‘investment in plant & machinery/equipment’ to ‘annual turnover’.

This will encourage ease of doing business, make the norms of classification growth oriented and align them to the new tax regime revolving around GST (Goods & Services Tax).

Section 7 of theMicro, Small and Medium Enterprises Development (MSMED)  Act, 2006 will accordingly be amended to define units producing goods and rendering services in terms of annual turnover as follows:

  • A micro enterprise will be defined as a unit where the annual turnover does not exceed five crore rupees;
  • A small enterprise will be defined as a unit where the annual turnover is more than five crore rupees but does not exceed Rs 75 crore;
  • A medium enterprise will be defined as a unit where the annual turnover is more than seventy five crore rupees but does not exceed Rs 250 crore.
  • Additionally, the Central Government may, by notification, vary turnover limits, which shall not exceed thrice the limits specified in Section 7 of the MSMED Act.

At present the MSMED Act (Section 7) classifies the Micro, Small and Medium Enterprises (MSMEs) on the basis of investment in plant and machinery for manufacturing units, and investment in equipment for service enterprises. The criterion of investment in plant and machinery stipulates self declaration which in turn entails verification if deemed necessary and leads to transaction costs.

Taking turnover as a criterion can be pegged with reliable figures available e.g. in GST Network and other methods of ascertaining which will help in having a non discretionary, transparent and objective criteria and will eliminate the need for inspections, make the classification system progressive and evolutionary, help in overcoming the uncertainties associated with the classification based on investment in plant & machinery/equipment and employment, and improve the ease of doing business. In addition the amendment will provide flexibility to the Government to fine-tune the classification of MSMEs in response to changing economic scenario without resorting to the amendment of MSMED (Micro, Small & Medium Enterprises Development) Act.

The change in the norms of classification will enhance the ease of doing business. The consequent  growth and will pave the way for increased direct and indirect employment in the MSME sector of the country.

#CBEC to be renamed #CBIC


With the roll out of GST, the Union Minister for Finance and Corporate Affairs, Shri Arun Jaitley while presenting the General Budget 2018-19 in Parliament today, announced that the name of Central Board of Excise and Customs [CBEC] will be changed to Central Board of Indirect Taxes and Customs (CBIC). 

The necessary changes in law for this are proposed in the Finance Bill, Shri Jaitley added