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Recent Relaxations in Corporate Compliances in 2021
Under the Companies Act, the ministry of corporate affairs (MCA) has extended the deadlines for numerous compliances and waived late fines on various files.
Under the Companies Act, the ministry of corporate affairs (MCA) has extended the deadlines for numerous compliances and waived late fines on various files.
A change in the name of a company leads to a change in the name clause in MOA. Therefore, the procedure for alteration of MOA given in section 13 of the Companies Act, 2013 has to be followed by the company.
However, the need to buy property outside India keeps on arising in various situations like a resident Individual settling outside India, an Investment opportunity outside India, a business entity needs to set up business outside India, and many others.
The power conferred under Rule 86A is very drastic. Power under Rule 86A should be invoked only if fraudulent ITC or ineligible ITC has been claimed by the assessee and the authority has recorded the reasons for the same in writing.
The authority is bound to record the reasons of invoking Rule 86A in writing and communicate such reasons to the assessee. On receipt of such reasons, the assessee is entitled to make his submission/objection requesting for lifting.
The Government of India has graciously decided to ease the compliance obligations of the Companies under the Companies Act, 2013 and expended the times lines till 31st August 2021 for various forms to be submitted without additional late filing fees.
There are several ways to Partnership Firm is dissolved: Dissolution by Agreement; Dissolution by Notice ; Compulsory Dissolution
The dividend of a company has to be declared according to the Section 123 of Companies Act 2013. Recently, with an amendment to Companies (Audit and Auditors) Rules, 2014, it has been made compulsory for the auditor’s report to include comments on whether the dividend was declared or paid in compliance with Section 123 of the Act, in the financial year.
On 24th March 2021, the Ministry of Corporate Affairs made certain changes in the manner in which companies are required to disclose their annual accounts and made it mandatory to use accounting software having audit trail features that cannot be disabled throughout the year.
Various foreign entities are opting for various methods to set up their entities in India such as set-up a subsidiary in India with Foreign Company as holding, Project Office, Liasoning Office, Branch Office, Direct Investment in Indian Companies etc.
Provisions related closure of Project Office/Liaison Office/Branch Office are regulated by Foreign Exchange management Act read with FEM (Establishment in India of Branch or Office or Liaison office or a project office or any other place of business) Regulations, 2016 and Master Directions No. 10/2015-16 dated 1st Jan, 2016.
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