Sunday, 31 August 2014

Notification dated: 29.08.2014 - Amendment in schedule II of Companies Act, 2013

Notification Detail :
Ministry of Corporate Affairs vide notification dated 29th August 2014 has made amendment in schedule II of the Act related to Useful Lives to Compute Depreciation.

The text of the amendment is reproduced as below:-

1. In Schedule II of the Companies Act, 2013, -

(a) in Part 'A', in paragraph 3, for sub paragraph (i), the following sub-paragraph shall be substituted, namely:-
i. The useful life of an asset shall not ordinarily be different from the useful life specified in Part C and the residual value of an asset shall not be more than five per cent of the original cost of the asset:

Provided that where a company adopts a useful life different from what is specified in Part C or uses a residual value different from the limit specified above, the financial statements shall disclose such different and provide justification in this behalf duly supported by technical advice";

(b) in Part-C , under the Heading Notes - (i) for paragraph 4, the following paragraph shall be substituted namely -
"4(a) Useful Life specified in Part-C of the schedule is for whole of the asset and where cost of a part of the asset is significant to total cost of the asset and useful life of that part is different from the useful life of the remaining asset, useful life of that significant part shall be determined separately.
(b) The requirement under sub-paragraph (a) shall be voluntary in respect of the financial year commencing on or after April 1, 2014 and mandatory for financial statements in respect of financial years commencing on or after April 1, 2014.
(c) in paragraph 7, in sub-paragraph (b) for the words "shall be recognized", the words "may be recognized" shall be substituted

Saturday, 30 August 2014

EPFO Declares 8.75% Rate of Interest for 2014-15

Shri Narendra Singh Tomer Chairs the Meeting of Central Board of Trustees, EPF

The Union Minister for Labour and Employment, Steel and Mines, Shri Narendra Singh Tomar has chaired the meeting of Central Board of Trustees (CBT), Employees’ Provident Fund (EPF) here in New Delhi today. The Minister of State for Labour & Employment, Steel and Mines & Vice-Chairman, CBT, EPF, Shri Vishnu Deo Sai and the Secretary, Ministry of Labour & Employment, Smt. Gauri Kumar were also present on the occasion.
In the meeting, the Central Board of Trustees, EPF decided to recommend 8.75% as the interest rate on EPF deposits for the year 2014-15.

The service charges levied by the SBI on collection amount of EPF (remittances made by establishments as EPF contribution) have been reduced from the existing uniform rate of Rs 3 per Rs 1000. The charges have been reduced to Rs 1.80 per Rs 1000 for net based transaction and Rs. 2.40 per Rs. 1000 for physical transaction. It is expected that this reduction in rates shall result in substantial savings to the tune of around Rs 100 crores per annum for the Organisation.

The proposed pattern of investment by Ministry of Finance was discussed and deliberated by the Board and the Board was not in favour of investing in equities and Exchange Traded Funds (ETFs). It was decided to recommend the make the pattern more flexible to further increase the percentage of investment in government securities. Further, it was decided to appoint CRISIL as consultant for the selection of fund managers of EPFO.
The Board also discussed the feasibility of deployment of EPF funds in AAA rated CPSUs (Central Public Sector Undertaking) and SPSUs (State Public Sector Undertaking) through mutual agreement.
It was also decided to go in for short term (not exceeding 15 days) borrowing of funds for participation in primary auction of securities. This move is expected to result in EPFO getting to invest in securities at more profitable rates. The funds would be borrowed by means of CBLO, Corporate Term Repo and other such instruments for participation in primary auction of government securities and corporate bonds.

It was decided that the report of the actuary on the evaluation of the EPF shall be examined by the Finance, Investment and Audit Committee of the CBT. The Committee shall examine the fluctuations in deficit / surplus in the pension fund for taking further corrective action.

It was decided to constitute a Sub Committee for construction and contract workers. The Committee shall examine the various issues regarding the coverage of employees engaged in this sector and shall recommend strategies to widen the coverage and enrollment in this area.

The Board also took stock of the various new developments and initiatives taken by EPFO like provision of Universal Account Number (UAN) which shall greatly contribute to improvement in service delivery and the New Inspection Scheme which gives primacy to transparence and accountability in conducting inspections and which also includes the formation of a Central Intelligence and Analysis Unit (CAIU) for effective monitoring of compliance functions.

EPF Limit increased to Rs. 15000 from Rs. 6500 wef 01.09.2014

Vide notification dated 22.08.2014 Ministry of Labour and Employment has increased  Employee Provident Fund (EPF) Limit  to Rs. 15000 from existing Rs. 6500 wef 01.09.2014.

MINISTRY OF LABOUR AND EMPLOYMENT 
NOTIFICATION 
New Delhi, the 22nd August, 2014 

G.S.R. 608 (E).—In exercise of the powers conferred by section 5 read with Sub-section(1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby-makes the following Scheme, further to amend the Employees’ Provident Funds Scheme. 1952, namely:-
I (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2014.
(2) It shall come into force on and from the Ist day of September, 2014. 
2. In the Employees’ Provident Funds Scheme, 1952,-
(a) in paragraph 2, in clause (1), in sub-clause (ii), for the words “six thousand and five hundred rupees”, the words ” fifteen thousand rupees” shall be substituted;
(b) in paragraph 26. in sub- paragraph (6), for the words “six thousand and five hundred rupees’`. the words “fifteen thousand rupees” shall be substituted;
(c) in paragraph 26A, in sub-paragraph (2), in the proviso, for the words “six thousand and five hundred rupees”, wherever they occur, the words “fifteen thousand rupees” shall be substituted.
[F. No. S-35012/112012-SS.11] 
ARUN KUMAR SINHA. Addl. Secy, 
———————————–------------------------------------------------------------------------------------------------------------------

NOTIFICATION 
New Delhi, the 22nd August, 2014 
509(E),— In exercise of powers conferred by section 6A read with sub-section (1) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees’ Pension Scheme, 1995. namely:—
I, (1) This Scheme may be called the Employees’ Pension (Amendment) Scheme, 2014.
(2) It shall come into force on and from the 1stday of September, 2014.
2, In the Employees’ Pension Scheme, 1995, (hereinafter referred to as the principal Scheme). in paragraph 3, in  sub-paragraph 2, in the proviso, for the words “rupees six thousand and five hundred”, wherever they occur, !he words “fifteen thousand rupees” shall be substituted.
3. In the principal Scheme, in paragraph 6, in clause (a), after the words. figures and letter “or 27A of the
Employees’ Provident Funds Scheme, L952″, the words “and whose pay on such dare is less than or equal to fifteen thousand rupees”, shall be inserted.
4. In the principal Scheme, in paragraph It,-
 (a) for sub-paragraph (1) and the proviso thereto, the following shall be substituted, namely:-
11) The pensionable salary shall be the average monthly pay drawn in any manner including on piece rale basis during contributory period of service in the span of sixty months preceding the date of exit from the membership of the Pension Fund and the pensionable salary shall be determined on pro-rata basis for the pensionable service up to the V’ day of September, 2014, subject to a maximum of six thousand and five hundred rupees per month and for the period thereafter at the maximum of fifteen thousand rupees per month:
Provided that if a member was not in receipt of fun pay during the period of sixty months preceding the day he ceased to be the member of the Pension Fund, the average of previous sixty months full pay drawn by him during the period for which contribution to the pension fund was recovered, shall be taken into account as pensionable salary, for calculating pension;
(b) in sub-paragraph (2), for the figures and word “12 months”, wherever they occur, the words -sixty months” shall be substituted;
(c) in sub-paragraph (3),-
(i) for the words, letters and figures “rupees six thousand and five hundred/Rs, 6500″, the words “fifteen thousand rupees” shall be substituted;
(ii) the proviso shall be omitted.
(d) after sub-paragraph (3), the following sub-paragraph shall be inserted, namely:-
“(4) The existing members as on the 11′ day of September, 2014, who at the option of the employer and employee, had been contributing on salary exceeding six thousand and five hundred rupees per month, may on a fresh option to be exercised jointly by the employer and employee continue to contribute on salary exceeding fifteen thousand rupees per month:
Provided that the aforesaid members have to contribute at the rate of 1.16 per cent on salary exceeding fifteen thousand rupees as art additional contribution from and out of the contributions payable by the employees for each month under the provisions of the Act or the rules made thereunder:
Provided further that the fresh option shall be exercised by the member within a period of six months from the I g day of September, 2014:
Provided also that the period specified in the second proviso may, on sufficient cause being shown by the member, be extended by the Regional Provident Fund Commissioner for a further period not exceeding six months:
Provided also that if no option is exercised by the member within such period (including the extended period), it shall be deemed that the member has not opted for contribution over wage ceiling and the contributions to the Pension Fund made over the wage ceiling in respect of the member shall be diverted to the Provident Fund account of the member along with interest as declared under the Employees’ Provident Fund Scheme from time to time,
5. In the principal Scheme in paragraph 12, in sub-paragraph (2), the following proviso shall be inserted. namely:-
“Provided that the members’ monthly pension shall be determined on a pro-rata basis for the pensionable service up to the day of September, 2014 at the maximum pensionable salary of six thousand and live hundred rupees per month and for the period thereafter at the maximum pensionable salary of fifteen thousand rupees per month”.
6, in the principal Scheme, for paragraph 14 the following paragraph shall be substituted, namely.-
“14. Benefits on leaving service before being eligible for monthly member’s pension.- if a member has not rendered the eligible service specified in sub-paragraph t I) of paragraph 12 on the date of exit, or on mining the 58 years of age, whichever is earlier, such member shall be entitled to a withdrawal benefit as laid down in Table ‘V or may opt to receive the Scheme certificate provided on the date he has not attained 58 years of age:
Provided that for calculating such withdrawal benefit, the wages at exit shall be the weighted average of his wages at the end of every wage ceiling period:
Provided further that an existing member shall receive additional return of contributions for his past service under the Employees’ Family Pension Scheme, 1971, computed as withdrawal-cum-retirement benefits as per Table ‘A’ multiplied by the factor given in Table ’8′ “.
[F.No. S-35012/1/2012-SS-111]
ARUN KUMAR SINHA, Addl. Secy. 
Note: The principal Scheme was published in the Gazette of India. Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R. 748 (E), dated the 16th November, 1995 and last amended vide notification number G.S.R. 80(E) dated the 14th February, 2013.
————————————---------------------------------------------------------------------------------------
NOTIFICATION
New Delhi, the 22nd August, 2014
G.S.R. 610 (E). —In exercise of the powers conferred by nation 6C read with sub-section (1) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following scheme further to amend the Employees’ Deposit-Linked Insurance Scheme,1976, namely:-
1. (l) This Scheme may be called the Employees’ Deposit-Linked Insurance (Amendment) Scheme, 2014.
(2) It shall come into force on and from the l’ day of September, 2014.
2. In the Employees’ Deposit-Linked Insurance Scheme, 1976 (hereinafter referred to as the principal S&me), in  paragraph 7, in sub-paragraph (1), for the words “six thousand five hundred rupees”, the words “fifteen thousand rupees” shall be substituted.
3. In the principal Scheme, in paragraph 22, in sub-paragraph (3),-
(a) in clause (i), for the words “six thousand five hundred rupees”, the words. -fifteen thousand rupees” shall be substituted;
(b) in the Explanation, for the words “rupees six thousand five hundred”, the words “fifteen thousand rupees” shall be substituted.
4. In the principal Scheme, in paragraph 22, after sub-paragraph (3), the following sub-paragraph shall be inserted, namely:-
14) The benefit under this Scheme shall be further increased by twenty percent in addition to the benefits admissible under sub-paragraph (1), (2) or (3) of paragraph 22, as the case may be.”.
[F. No. S-35012/112012-SS.111]
ARUN KUMAR SINHA, Addl. Secy. 
 ———————-
MINISTRY OF LABOUR AND EMPLOYMENT 
NOTIFICATION 
New Delhi, the 19th August, 2014, 
GSA. 593 (E).— In exercise of the powers conferred by section 6A, read with sub-section (1) of section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees’ Pension Scheme,1995, namely:-
1. (1) This Scheme may be called the Employees’ Pension (Second Amendment) Scheme, 2014,
(2) It shall come into force on the 1st day of September, 2014.
In the Employees’ Pension Scheme, 1995 (hereinafter referred to as the principal Scheme), in paragraph 12, after sub-paragraph (7), the following sub-paragraph shall be inserted, namely:-
17A) The monthly member’s pension including any relief payable to any existing or future member under this paragraph shall not be less than one thousand rupees for the financial year 2014-15.”.
3. In the principal Scheme, in paragraph 15, for the words, brackets and figures “sub-paragraphs (2) to (5) of paragraph 12, as the case may be,”, the word and figures ” paragraph i 2″ shall be substituted.
4. In the principal Scheme, in paragraph 1b,-
 (a) in sub-paragraph (2), in clause (a), after sub-clause (iv), the following sub-clause shall be inserted. namely:-
“(v) in all the cases, where the monthly widow pension including relief, if any, is less than one thousand rupees per month, the amount of monthly widow pension in such cases shall be enhanced to one thousand rupees per month for the financial year 2014-2015.”;
(b) in sub-paragraph (3), for clause (b), the following clause shall be substituted, namely:-
“(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow of the deceased member as monthly widow pension payable under clause (a) of sub-paragraph (2):
Provided that the minimum monthly children pension including relief, it’ any, for each child of the deceased member shall not be less than two hundred and fifty rupees per month for the financial year 2014-2015.”;
(c) in sub-paragraph (4), for clause (a), the following clause shall be substituted, namely:-
“(a) if the deceased member is not survived by any widow, but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under clause (a) of sub-paragraph (2):
Provided that the minimum monthly orphan pension including relief, if any, for each orphan shall not be less than seven hundred and fifty rupees per month for the financial year 2014-15.”,
[F. No. 11-15025/312007.SS-11/PUII
Foot Note.- The Employees’ Pension Scheme, 1995 was published in the Gazette of India vide notification number G.S.R. 748(E), dated the 16th November, 1995 and was lastly amended vide notification number G.S.R. 80(E), dated the 11th February, 2013.

Friday, 29 August 2014

Intimation to ROC for Auditor appointment in Form ADT

As we all are aware that there is a provision in Company Law for intimation to Registrar of Companies regarding appointment of statutory auditor in the Annual General Meeting by shareholders. This intimation is an annual intimation and it was also there in erstwhile Companies Act, 1956 and continued in Companies Act, 2013.
However few changes have been made by the regulators through Companies Act, 2013, w.r.t. the Intimation procedure, timelines for filing intimation along with the person liable to file such intimation with Registrar of Companies. It is pertinent to note that appointment of statutory auditor is governed by section 139 of the Companies Act, 2013.

Appointment of Auditor in Companies Act, 2013
As per section 139 of the Companies Act, 2013, every company shall, at the first Annual General Meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting and thereafter till the conclusion of every sixth meeting.
Further it shall be duty of the Company to place the matter relating to such appointment for ratification by members at every Annual General Meeting.
Before appointment Auditor shall be liable to provide the written consent to the Company for such appointment, along with a certificate to the effect that the appointment, if made, shall be in accordance with the prescribed conditions.

INTIMATION TO ROC ABOUT APPOINTMENT OF STATUTORY AUDITOR
Under Companies Act, 1956, it was duty of the Auditor to file form 23B with ROC regarding his appointment as Statutory Auditor whereas Under Companies Act, 2013, it is duty of the Company to file form ADT.1 through E-form GLN 2 with ROC regarding the appointment of Statutory Auditor. Please find below detailed analysis:
  1. Position under erstwhile Companies Act, 1956

Intimation as to appointment
As per section 224(1) of the Companies Act, 1956, a company is required to give intimation of appointment to every auditor(s) so appointed within seven days of the appointment as desired by section 224(1). The intimation may be given in form of a letter on the letter head of the company by a responsible officer of the company.

Obligation on the auditor to give intimation to the Registrar
Every auditor appointed under section 224(1) by a company in Annual General Meeting shall inform the Registrar in writing that he has accepted, or refused to accept the appointment [Section 224(1B)]. The information shall be given in e-Form 23B within a period of thirty days from the date of appointment in the AGM.

  1. Position under Companies Act, 2013
Companies Act, 2013, casts the duty on the Company to inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed.
Hence, now as per section 139(1) read with Rule 4(2) of Companies (Audit and Auditors) Rules, 2014, appointment of Auditor at the Annual General Meeting is to be intimated by the Company to the Registrar of Companies within 15 days of appointment through filing of form ADT.1. Form ADT.1 is to be filed through E-form GLN.2 as directed by MCA through its General Circular No. 9/2014 dated April 25, 2014.

Wednesday, 20 August 2014

Due date for filing Tax Audit Report for A.Y. 2014-15 extended to 30.11.2014

CBDT extended due date for furnishing Tax Audit report u/s 44AB of the Income Tax Act, 1961 for AY 2014-15 from 30.09.2014 to 30.11.2014 in case of assessees who are not required to furnish report under section 92E of the Act. Mysteriously the order is silent about the extension of due date for filing returns. As we are all aware audit report needs to be furnished first before filing income tax returns for audit assesses. However the CBDT order remains unclear on this subject.
Schema will be available at the website of Income Tax Department within a couple of days with the facility to import already filled data in the previous utility.

F.No.133/24/2014-TPL
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)
Room No. 147 B-II, North Block
New Delhi, the 20th August, 2014

Order Under Section 119 of the Income-tax Act, 1961
In exercise of power conferred by section 119 of the Income-tax Act (‘the Act’), the Central Board of Direct Taxes (CBDT) hereby extends the due date for obtaining and furnishing of the report of audit under section 44AB of the Act for Assessment Year 2014-15 in case of assessees who are not required to furnish report under section 92E of the Act from 30th day of September, 2014 to 30th November, 2014.
2. It is further clarified that the tax audit report under section 44AB of the Act filed during the period from 1st April, 2014 to 24th July, 2014 in the pre-revised Forms shall be treated as valid tax audit report furnished under section 44AB of the Act.
(J.Saravanan)
Under Secretary (TPL-III)