F.No. 01/34/2013 CL-V
Government of India
Ministry of Corporate Affairs
F.No. 01/34/2013 CL-V
Please note that the DINs which have not complied with the requirement of filing DIR-3 KYC have since been marked as ‘Deactivated due to non-filing of DIR-3 KYC’. Such DINs are not allowed to be used for filing any eforms on MCA21 portal. In case the present status of your DIN is ‘Deactivated due to non-filing of DIR-3 KYC’, you are required to file ‘KYC’ using e form DIR-3 KYC or DIR-3-KYC-WEB service as applicable with prescribed fee of INR 5000 to re-activate your de-activated DIN.
Form NDH-4 (Form for filing application for declaration as Nidhi Company and for updation of status by Nidhis) notified vide the Nidhi (Amendment) Rules 2019 dated 1st July 2019 shall be available for filing w.e.f 11th October 2019’. Stakeholders may please take note and plan accordingly.
ON GST RATE ON GOODS AS RECOMMENDED BY THE GST COUNCIL IN ITS 37th
MEETING HELD ON 20.09.2019
GST Council in the 37th meeting held on 20.09.2019 at Goa took the following decisions
in respect to rates relating to goods.
I. GST rates reduction, –
a) 18% to 12% on parts of Slide Fasteners
b) 18% to 5% on Marine Fuel 0.5% (FO)
c) 12% to 5% on Wet Grinders (consisting stone as a grinder)
d) 5% to Nil on:-
(i) Dried tamarind
(ii) Plates and cups made up of leaves/ flowers/bark
e) 3% to 0.25% on cut and polished semi- precious stones
f) Applicable rate to 5% on specified goods for petroleum operations undertaken
under Hydrocarbon Exploration Licensing Policy (HELP)
g) Exemptions from GST/IGST on:-
(i) imports of specified defence goods not being manufactured indigenously (upto
(ii) supply of goods and services to FIFA and other specified persons for
organizing the Under-17 Women’s Football World Cup in India.
(iii) supply of goods and services to Food and Agriculture Organisation (FAO) for
specified projects in India.
II. GST rates have been recommended to be increased from, –
a) 5% to 12% on goods, falling under chapter 86 of tariff like railway wagons, coaches,
rolling stock (without refund of accumulated ITC). This is to address the concern of
ITC accumulation with suppliers of these goods.
b) 18% to 28% +12% compensation cess on caffeinated Beverages
III. Measures for Export Promotion
a) Exemption from GST/IGST:-
(i) at the time of import on Silver/Platinum by specified nominated agencies
(ii) supply of Silver/Platinum by specified nominated agency to exporters for
exports of Jewellery,
b) Inclusion of Diamond India Limited (DIL) in the list of nominated agencies eligible
for IGST exemption on imports of Gold/ Silver/Platinum so as to supply at Nil GST
to Jewellery exporters.
IV. A uniform GST rate of 12% on Polypropylene/Polyethylene Woven and Non- Woven
Bags and sacks, whether or not laminated, of a kind used for packing of goods (from
present rates of 5%/12%/18%)
V. GST concession in certain cases for specific period: –
a) Exemption to Fishmeal for the period 01.07.17 to 30.09.19. There were doubts as
regards taxability of fishmeal in view of the interpretational issues. However, any tax
collected for this period shall be required to be deposited.
b) 12% GST during the period 1.07.2017 to 31.12.2018, on pulley, wheels and other parts
(falling under heading 8483) and used as parts of agricultural machinery.
VI. Passenger vehicles of engine capacity 1500 cc in case of diesel, 1200 cc in case of petrol
and length not exceeding 4000mm designed for carrying upto 9 persons attract
compensation cess of 1% for petrol and 3% for diesel vehicle. Council recommended
same compensation cess rate for vehicles having these specifications (length and engine
capacity) but designed for carrying more than 10 persons but upto 13 persons. (Presently
these vehicles attract compensation cess at the rate of 15%)
VII. Other miscellaneous Changes:
Aerated drink manufacturers shall be excluded from composition scheme.
Option to pay GST at the rate of 18% on transaction value at the time of disposal of
specified goods for petroleum operations (on which concessional GST rate of 5% was
paid at the time of original supply) provided that the goods are certified by Directorate
General of Hydrocarbons (DGH) as non-serviceable.
Restriction on refund of compensation cess on tobacco products (in case of inverted
Prescribing modalities for allowing concessions on spare parts imported temporarily
by foreign airlines for repair of their aircraft, while in India in transit in terms of the
Chicago Convention on Civil Aviation.
Certain other changes of technical nature for the sake of clarity in application of
VIII. Clarifications as regards applicability of GST rate in respect of certain goods
recommended by GST Council which inter-alia includes:
a) Mere heating of leguminous vegetables (gram/lentil) for removing moisture, or to
soften and puff it or removing the skin, and not subjecting to any other processing or
addition of any other ingredients (salt, oil etc.) would be classified under HS code
b) All “mechanical sprayers” falling under HS Code 8424 would attract 12% GST.
c) Parts like Solar Evacuation tubes for solar power based devices like solar water heater,
solar steam, generation systems, would be eligible to 5% GST rate.
d) Exclusive parts and accessories suitable for use solely or principally with a medical
device (falling under headings 9018, 9019, 9021 or 9022) would fall in respective
headings and attract GST at the concessional rate of 12%.
e) Almond milk is classifiable under HS code 22029990 and attracts GST rate of 18%.
f) Imported stores for Navy would be entitled to exemption from IGST.
The rate changes shall be made effective with effect from 1st October, 2019.
[This note presents the decision of the GST Council in simple language for ease of
understanding, which would be given effect to through Gazette notifications/circulars,
which shall have force of law.]
The government may soon mandate private companies with outstanding debts above a certain threshold undergo a mandatory secretarial audit, a senior government official said Saturday.
“Mandatory secretarial audit is right now restricted to listed companies, but I think it may have to get extended to private companies which have outstanding (debts ) beyond a threshold,” Corporate Affairs Secretary Injeti Srinivas said while speaking at the 51st foundation day of the Institute of Company Se ..
Provisions Related To Extra Ordinary General Meeting/ Class Meeting ( Section 100)
1. The Board of Directors may call an Extra Ordinary General Meeting,
whenever they deem fit ; OR
2. At Requisition made by Members Holding at least 1/10 of paid up share capital or voting rights.
3. Members who make Requisition for calling EGM must disclose the reasons of calling EGM.
4. Board Of Directors should take steps with in 21 days of receipt of such requisition so that meeting is being conducted with in 45 days failing which members who make requisition may themselves call the meeting with in 3 months.
5. Reasonable Expense Incurred by requisitionists in calling a meeting shall be reimbursed by the company to the requistionists and amount so paid shall be deducted from the remuneration payable to the directors who make default in calling the meeting.
6. Provided that an EGM of the company other than of the wholly owned subsidiary of a company incorporated outside India shall be held at a place with in India.
NOTE :- All these days are counted from the date of written request made by members.
Manufacturing activities in LLPs:
Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect.
Revised version of the e Form INC-35 -AGILE (Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organisation registration) which is filed as linked form with SPICe for incorporation of a Company is available on MCA21 Company Forms Download page. The revised form contains all the fields relevant to GST / EPFO / ESIC as notified vide the Companies (Incorporation) third Amendment Rules, 2019 dated 29th March 2019. Stakeholders may take note and refer instruction kit for more details.