Newsletter Issue 2024 41 1733986351
Newsletter Issue 2024 41 1733986351
Editor-in-Chief’s Message
Hello readers!
Newsletter
and Incorporation of company. Also, we will know about
The Geopolitical Game: How Global Politics Shape Business
Economics.
02. GST Implication in Case of Rent “Trust is an important factor which a team needs.
03. Incorporation of company
Having good faith and trust in your team will result in
achievement of your desired goals.”
04. The Geopolitical Game: How Global Politics Shape
Business Economics
05. Statutory Due Dates Calendar
Short Updates:
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 2 of 21
Issue No. 2024/41
| Knowledge and Development Committee
01 Indirect Tax only for the taxable services. So, even if your
rental of residential properties exceeded INR 10
GST Implication in Case of lakh, you did not have service tax liability, as long
Rent as your gross rentals from commercial property
did not exceed INR 10 lakh in a year.
The service tax was being collected at 15 per cent
of the rent of commercial properties.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
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Issue No. 2024/41
| Knowledge and Development Committee
Bharat Sharma
GST on Rent GST on Rental Income
Types of Companies –
1. Based on Liability
Limited by Shares: The liability of shareholders is
limited to the amount unpaid on their shares.
Read next: Incorporation of company
Limited by Guarantee: Members guarantee a
fixed amount to contribute in the event of
winding up, often used by non-profit
organizations.
Unlimited Company: There is no limit on the
members' liability, so personal assets can be used
to settle debts.
2. Based on Members
One Person Company (OPC): Has only one
shareholder, primarily for small businesses
owned by a single individual.
Private Limited Company (Pvt Ltd): Has a
minimum of two members and a maximum of
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 5 of 21
Issue No. 2024/41
| Knowledge and Development Committee
200. Shares are privately held, not open to the The company’s name must end with ‘Limited’ if
public. it’s a public company and ‘Private Limited’ if it’s a
Public Limited Company (Ltd): Requires a private company.
minimum of seven members, with no upper limit. To check whether the chosen name is available
Shares can be publicly traded. for adoption, the promoters have to write an
application to the Registrar of Companies of the
3. Based on Control
State. A 500 rupee is paid with the application.
Holding Company: Owns the majority of shares or The Registrar then allows the company to adopt
controls the board of directors of another the name given they fulfil all legal documentation
company. formalities within a period of three months.
Subsidiary Company: Controlled by a holding
company through majority shareholding or 2. Preparation of Memorandum of
directorial control. Association and Articles of Association
The memorandum of association of a company
4. Based on Purpose can be referred to as its constitution or rulebook.
The memorandum states the field in which the
Section 8 Company: Non-profit Company formed
company will do business, objectives of the
for promoting commerce, art, science, sports,
company, as well as the type of business the
education, research, social welfare, etc. Profits
company plans to undertake. It is further divided
are reinvested.
into five clauses
Dormant Company: Incorporated for future
projects or to hold assets but does not engage in Clause of Memorandum -
significant business activities.
As per Section 4(1), the memorandum of a limited
5. Other Special Types company must state the following:
Small Company: Defined by the Act based on a. the name of the company with “Limited” as its
turnover and paid-up capital, typically smaller last word in the case of a public company; and
businesses with relaxed compliance “Private Limited” as its last words in the case of a
requirements. private company;(Name Clause)
Foreign Company: Incorporated outside India but b. the State in which the registered office of the
conducts business within India. company is to be situated;(Situation Clause)
Government Company: At least 51% of the paid- c. the objects for which the company is proposed to
up capital is held by the government (Central or be incorporated and any matter considered
State). necessary in furtherance thereof;(objects clause)
These categories help determine compliance, tax Provided that nothing in this clause shall apply to
requirements, and other regulatory obligations a company registered under section 8;
based on the company's type and structure. d. the liability of members of the company, whether
limited or unlimited, and also state,—(Liability
Process of incorporation of company
Clause)
1. Ascertaining Availability of Name
Articles of Association is basically a document that
states rules which the internal management of the
The first step in the incorporation of any
company will follow. The article creates a contract
company is to choose an appropriate name. A
between the company and its members. The article
company is identified through the name it
mentions the rights, duties, and liabilities of the
registers. The name of the company is stated in
members. It is equally binding on all the members of
the memorandum of association of the company.
the company.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
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Issue No. 2024/41
| Knowledge and Development Committee
3. Printing, Signing and Stamping, Vetting of depends on the nominal capital of the companies
Memorandum and Articles which also have share capital.
The Registrar of Companies often helps
promoters to draw up and draft the 8. Certificate of Incorporation
memorandum and articles of association. Above If the Registrar is completely satisfied that all
all, with promoters who have no previous requirements have been fulfilled by the company
experience in drafting the memorandum and that is being incorporated, then he will register
articles. the company and issue a certificate of
Once these have been vetted by the Registrar of incorporation. As a result, the incorporation
Companies, then the memorandum of certificate provided by the Registrar is definite
association and articles of association can be proof that all requirements of the Act have been
printed. The memorandum and articles are met.
consequently divided into paragraphs and
PUNISHMENT FOR FURNISHING FALSE OR
arranged chronologically.
INCORRECT INFORMATION AT THE TIME OF
The articles have to be individually signed by each
INCORPORATION
subscriber or their representative in the presence
of a witness, otherwise, it will not be valid. The Companies Act, 2013 imposes severe punishment
for incorporation of a company by furnishing false or
4. Power of Attorney incorrect information. The persons furnishing false or
To fulfil the legal and complex documentation incorrect information shall be liable for following
formalities of incorporation of a company, the punishment:-
promoter may then employ an attorney who will
have the authority to act on behalf of the i. If any person furnishes any false or incorrect
company and its promoters. The attorney will particulars of any information or suppresses any
have the authority to make changes in the material information, of which he is aware in any
memorandum and articles and moreover, other of the documents filed with the Registrar in
documents that have been filed with the relation to the registration of a company, he shall
registrar. be punishable for fraud under section 447. [Section
7(5)]
5. Other Documents to be Filed with the ii. Without prejudice to the above liability, where, at
Registrar of Companies any time after the incorporation of a company, it is
The First – e-Form No.32 – Consent of directors proved that the company has been got
incorporated by furnishing any false or incorrect
The Second – e-Form No.18 – Notice of
information or representation or by suppressing
Registered Address
any material fact or information in any of the
The Third – e-Form No.32. – Particulars of
documents or declaration filed or made for
Directors
incorporating such company, or by any fraudulent
action, the promoters, the persons named as the
6. Statutory Declaration in e-Form No.1
first directors of the company and the persons
This declaration, furthermore states that ‘All the
making declaration under section 7(1)(b) shall each
requirements of the Companies Act and the rules
be punishable for fraud under section 447. [Section
thereunder have been compiled with respect of
7(6)]
and matters precedent and incidental thereto.’
Market Volatility: Geopolitical uncertainty can lead India-China: Relations Recent improvements in
to increased market volatility. Businesses must India-China relations have brought some stability to
navigate fluctuating exchange rates, stock prices, and the region. The two countries have reached a deal to
interest rates. de-escalate tensions along their disputed border,
known as the Line of Actual Control (LAC). This
Technological Advancements: Geopolitical agreement has led to the withdrawal of troops from
competition can drive technological innovation. For key flashpoint areas, reducing the risk of conflict.
example, the race for technological supremacy Improved relations could enhance trade and
between the US and China has led to significant investment opportunities between the two Asian
advancements in AI, 5G, and other cutting-edge giants, benefiting businesses on both sides.
technologies.
Conclusion:
Cybersecurity Threats: Geopolitical tensions can
increase the risk of cyberattacks on businesses. Understanding the impact of geopolitics on business
Companies must invest in robust cybersecurity economics is essential for companies operating in
measures to protect their data and operations from today’s globalized world. By staying informed about
state-sponsored cyber threats. geopolitical developments and their potential
economic implications, businesses can better navigate
Cultural and Social Impacts: Geopolitical events risks and seize opportunities.
can influence cultural and social dynamics, affecting
consumer behaviour and market trends. Businesses
need to be aware of these shifts to adapt their
strategies accordingly.
Read next: Wall of Wisdom
Current Geopolitical Cases Affecting Business
Economics
DO YOU KNOW?
MOTIVATIONAL QUOTE:
Sources-
- Company Law Notifications and Circulars
- CBDT Notifications and Circulars
- CBIC Notifications and circulars
- Other Allied Law Notifications and circulars
- MCA21 Website.
- Income Tax Website.
- GST Website.
- Other Statutory Government Websites.
- Extracts from Tax guru- Extracts from Clear Tax.- Extracts
from CA club India.
Contact Details-
Offices 3,4,9,11 Gaurav Building, Opp. Karishma Society Gate
No. 2, Kothrud, Pune – 411038.
Phone: +91 20-67426111
Email – [email protected]
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
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Issue No. 2024/41
| Knowledge and Development Committee
INCOME TAX
4 Income tax Return for A.Y. 2024-25 for all assesse FY 2023-24 31/07/2024
other than
2 Due date for filing of return of income for AY 2024- FY 2023-24 31/10/2024
25 if assesse is
(a) Corporate-assessee
(b) Non-corporate assessee (whose books of
account are required to be audited)
(c) Partner of a firm whose accounts are
required to be audited
(d) An assessee who is required to furnish a
Report u/s 92 E
3 TDS Statement for Form 24Q, 26Q and 27Q Q2 FY 2024-25 31/10/2024
2 TDS Statement for Form 24Q, 26Q and 27Q Q3 FY 2024-25 31/01/2025
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 12 of 21
Issue No. 2024/41
| Knowledge and Development Committee
1 GSTR 1 (Regular
Taxpayers) June 2024 11/07/2024
2
GSTR 1
(Quarterly Apr to June 2024 13/07/2024
Taxpayers)
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 14 of 21
Issue No. 2024/41
| Knowledge and Development Committee
Scheme(PMT 06)
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 15 of 21
Issue No. 2024/41
| Knowledge and Development Committee
COMPANIES ACT
Due Dates in the Particulars Description Due Date
Month of
Form MSME The return is to be filed by any company, 30th April 2024
(outstanding payments who get supplies of goods or services from (For the period of
to MSME’s) micro and small enterprises and whose October’23 –
April-2024 payments to micro and small enterprise March’24)
suppliers exceed forty-five days from the
date of acceptance or the date of deemed
acceptance of the goods or services.
LLP FORM-11 Annual Return (to be filed by all LLP’s 30th May 2024
May-2024 irrespective of turnover)
DIR-3 KYC Form for Director KYC. Need to be filed 30th September 2024
September-2024 mandatorily for every director on Board
AOC-4 Form for filing Financials, Auditors Report, 30th October 2024
Directors Report, etc.
Form MSME The return is to be filed by any company, 31st October 2024
(outstanding payments who get supplies of goods or services from (For the period of
to MSME’s) micro and small enterprises and whose April’24 –
payments to micro and small enterprise September’24
suppliers exceed forty-five days from the
date of acceptance or the date of deemed
acceptance of the goods or services.
CHG FORMS Form for charge creation, modification, Within 30 days of any
Event Based satisfaction charge occurring
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
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Issue No. 2024/41
| Knowledge and Development Committee
Person who is enrolled after the 31st May Within one month of
June-2024 of a year the date of enrolment
Person who is enrolled and the rate of tax Within one month of
at which he is liable to pay tax is revised the date of such
revision
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 17 of 21
Issue No. 2024/41
| Knowledge and Development Committee
VAT
Due Dates in the Particulars For the Period Due Date
Month of
1 Monthly Return (VAT payment) March 2024 21/04/2024
April 2024 2 Quarterly Return (VAT payment) January 2024 to 21/04/2024
March 2024
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 18 of 21
Issue No. 2024/41
| Knowledge and Development Committee
1. Default in making payment The amount of penalty leviable will be as Penalty determined by the
of tax. determined by the Assessing Officer. However, assessing officer
the amount will not exceed the amount of tax in
arrears 2023
2. Under-reporting of income. 1. If the income assessed/ re-assessed exceeds 50% of tax payable Under
the income declared by the assesse, or in cases reported Income OR 200%
where return has not been filed and income of tax payable from
exceeds the basic exemption limit, penalty misreporting of income
at 50% of tax payable on such under reported
income shall be levied.
3. Failure to maintain books of 1. Normally, the amount of penalty leviable INR 25000 OR 2% of value
accounts and other documents is INR25,000 of International transaction
4. Penalty for false entry such 1. The assesse might have to pay a penalty of the Amount equal to such false
as fake invoices amount equal to sum of such false or omitted or omitted entries
entries.
6. Audit and Audit Report 1. If the assesse fails to get his accounts audited, INR 150000/- OR 0.5% of
obtain audit report, or furnish report of such total sale, turnover/gross
auditor, a penalty will be leviable at the INR receipt
1,50,000 or 0.5% of the total sale/ Turnover/
gross receipts whichever is lesser.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
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Issue No. 2024/41
| Knowledge and Development Committee
7. TDS/TCS 1. Where a person fails to deduct tax at source, Penalty equal to amount of
he will be liable to pay a penalty equal to the Tax,
amount of tax which he has failed to deduct/ pay.
8. Penalty for using modes 1. If a person takes/ accepts loan/ deposit except Penalty amount equals to
other than Account payee by way of Account payee cheque/ account payee such loan / deposit
cheque/ draft/ ECS draft/ ECS, and if the aggregate amount exceeds
INR20,000, he shall be liable to pay a penalty of
an amount equal to such loan/ deposit.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 20 of 21
Issue No. 2024/41
| Knowledge and Development Committee
10. late Filing ITR 1. If the ITR is filed after the due date but by INR 5000/-
31st December of the succeeding year.
Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.
Page 21 of 21
Issue No. 2024/41
| Knowledge and Development Committee
Amendment Summary
DEC-2022
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
1 Central 2 3 4
Excise
5 6 7 Direct Tax 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
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Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or formal recommendation. While due care has been taken in preparing this document. The author does not
accept any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information nor any other action taken in reliance thereon. © 2021 Varun A Dahotre and Associates. All Rights Reserved.