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Secretarial Audit in India: Process and Benefits

Secretarial Audit is an important method for all organizations. It is a part of total compliance management in an organization. It is an effective tool when it comes to corporate compliance management. In this blog we will discuss in detail about the secretarial audit in India, its process and benefits. 

What is the requirement of secretarial audit in India?

It is a process to check compliance to the provisions of law, rules and regulations, maintenance of books etc. by an independent professional to make sure that the company complies with the legal requirements and procedural needs and also follows the due process. It is a mechanism to monitor compliance with the requirement of stated law.

Objective of secretarial audit 

Following are the objectives of secretarial audit-

  1. To check and report on the competition of compliances according to provision of law.
  2. To point out the non-compliances.
  3. To safeguard the interest of the stakeholder that includes customers, employees etc.
  4. Compliances are to be followed to avoid any unwarranted legal action or penalties.

Applicability of Secretarial audit in India

The mandatory provision regarding applicability of secretarial audit are-

  1. Every listed company
  2. Every public company having a paid up share capital of Rs. 50 crore or more and having turnover of Rs. 250 crore or more.
  3. Company having outstanding loans or borrowing from banks or public financial institutions of Rs. 100 crore or more.

Scope of Secretarial Audit

Scope comprises verification of the compliances under the following-

  1. Companies Act, 2013 and the rules made there under;
  2. Securities Contracts (Regulation) Act, 1956 and the rules made there under;
  3. Depositories Act of 1996 and the rules made there under;
  4. Foreign Exchange Management Act of 1999
  5. Regulations and guidelines provided under the Securities and Exchange Board of India, Act 1992;
  6. Reporting on the compliance of secretarial standards issued by Institute of Company Secretaries of India; and
  7. Other laws are applicable specifically to the company that means all the laws that are applicable to specific industries.

Appointment of Secretarial auditor

Process of appointment of a secretarial auditor are as follows-

  1. Firstly, consent of the secretarial auditor is required.
  2. Thereafter, a certified copy needs to be filed of the resolution passed in the Board meeting with the Registrar of companies in MGT-14.
  3. Make an appointment of such an auditor in the Board meeting and fix the remuneration in the meeting.

Process of secretarial audit in India

The process are as follows-

  • Appointment of secretarial auditor.
  • Communication to earlier incumbent
  • Primary discussion will take place about the company with secretarial auditor
  • After the meeting an audit plan is finalized and the staff is briefed.
  • Testing, interview and analysis
  • The working papers are prepared
  • Audit summary for discussions
  • Finally the secretarial audit will be submitted.

Documents required for secretarial audit

Following are the documents which are required for secretarial auditing-

  1. Charter documents and statutory registers
  2. Birds and general meeting minutes and notices
  3. The audited financial statement as well as last year’s secretarial audit report
  4. Annual performance reports, lease deeds,bonds and return.
  5. Registers maintained under the labour law
  6. Details of remuneration and sitting fees paid to directors
  7. Details of CSR amount
  8. Details of bank account for dividend 
  9. ECB returns details

Benefits of secretarial audit

  1. It’s an effective mechanism to ensure the compliance with the procedural and legal requirements;
  2. It promotes the level of confidence to directors and key managerial personnel etc.
  3. It ensures that legal and procedural requirements are met that in turn allows the directors to concentrate on crucial business dealings;
  4. It strengthens the goodwill of the company for their regulators as well for their stakeholders;
  5. It is also an effective governance and compliance risk management tool;
  6. It, further, helps an investor in analyzing the compliance level of companies thereby increasing the reputation also;
  7. It administers professional discipline and also self-regulation;
  8. It may be an effective due diligence performance for the prospective acquirer of the company or a partner of a joint venture; and
  9. It helps to detect any non-compliance and helps in taking corrective action.

Conclusion

Secretarial audit in India is independent and it is beneficial for the companies who follow it as it improves their operations. It can help an organization in completing their objectives.

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Income Tax Compliance Deadlines Extended Amid Covid-19

Income Tax Compliance Deadlines Extended Amid Covid-19

As a major relief for taxpayers, the government has extended compliance deadlines relating to income tax as well as the main tax for Google and service tax. The government has waived late fees to reduce compliance burden amid the second wave of the Covid-19 epidemic. With the rapidly growing Covid-19 cases in the country, experts are of the opinion that the government may need to push the deadline.

Compliance extension Related to Tax, Accordingly Central Board of Direct Taxes

The CBDT said in a statement that due to adverse conditions caused by the Kovid-19 epidemic and after considering multiple requests from taxpayers, tax advisors and other stakeholders across the country, requesting an exemption in compliance dates, the government today announced some Has extended the deadline. .

The Ministry of Finance had received several industry representations from MSMEs (Micro, Small and Medium Enterprises) for up to 3 months of breath taking. The due date is extended in respect of FY 2019-20, GSTR-1 (Sales Return), GSTR-4 (Annual Composition Return), GSTR-3B (Summary Return), filing or amended income tax returns for filing appeals. And payment of taxes. In addition, the rate of interest has been rationalized and late fees have also been waived in many cases.

CBDT Exemption given to Taxpayers

The list of exemptions granted to taxpayers with tax-related compliance between Kovid-19 is as follows:

  • The appeal to the Commissioner under Chapter XX of the Income Tax Act has been extended till May 31, 2021 or for the time conferred under that section, whichever is later. Earlier, the deadline was 1 April 2021.
  • The objection to the Dispute Resolution Panel under Section 144C of the Income Tax Act has been extended till May 31, 2021 or for the time provided under that section, whichever is later. The first filing deadline was 1 April 2021.
  • In response to a notice under section 148 of the Income Tax Act, the income tax return has been extended till May 31, 2021, or the time allowed under that notice, whichever is later. The first filing deadline was 1 April 2021.
  • Filing of amended returns under sub-section (4) of sub-section (5) of section 139 of the Income Tax Act for the assessment year 2020-21 and filed under section 139 of the Income Tax Act for the assessment year 2020-21 can go. The provision to be filed on or before 31 March 2021 is certain.
  • Payment of tax deduction under Section 19-1A, Section 194-1B and Section 194M of Income Tax Act and filing of challan cum statement for deducted tax can now be paid on or before 31 May 2021 and furnished. can be done. Before this it had to be done first. Paid and furnished by 30 April 2021 under Rule 30 of the Income Tax Rules 1962.
  • Statements in Form 61, details of declarations received in Form 50, can be furnished on or before 30 April 2021.

Extension of GST Compliances

The Ministry of Finance has noted nine changes in GST compliance requirements. Notification has been issued based on the recommendations of the GST Council, which is as follows:

  • Businessmen with a turnover of more than 5 crores in the preceding financial year waive their late fees when they fail to submit their returns in GST Form-3B within 15 days from the due date for March and April.
  • Businesses with a turnover of up to Rs 5 crore, delay charges are waived for up to 30 days during two months. Taxpayers have a turnover of up to Rs 5 crore, a 30-day window applicable from January to March.
  • The date of submission of returns in Form GSTR-4 of CGST Rules, 2017 for the financial year ending 31 March 2021 has now been extended by one month to 31 May 2021.
  • The government also extended the period of declaration to be submitted in Form GST ITC-04 in respect of goods received from such laborers or such laborers during the period from 1 January to 31 March to 20 May 2021.
  • The government gave the officers more time to perform their statutory duties in view of the raging epidemic.

Expert Observations Detailing Tax Related Compliance

As you will be aware of the fact that many parts of India are facing some kind of bandh. Tax experts believe that SMEs would have been one of the most affected areas had the tax related compliance deadline not been extended.

Shailesh Kumar, Nangia and company LLP partner, are of the opinion that the government has given much needed compliance relief to the taxpayers, and if the situation in the country does not improve in future, the government may have to push these deadlines. A large number of people reel under the epidemic.

EY’s tax partner Abhishek Jain said that with the unprecedented boom in epidemics and lockdowns in many parts of the country, many industry players will find it difficult to meet the GST compliance deadline. Therefore expansion will provide much needed relief.

Sachin Taparia, president and founder, local circles said the government may have to extend the deadline until June 30, unless the small businesses are prevented from filing, the lockout and ban will continue until May 24.

Also Read : How to file income tax for private limited company ?

Conclusion

Likewise, this is no doubt a much-needed relief for taxpayers and businesses as the deadline for tax related compliance has been extended. The Covid-19 epidemic has caused so much uncertainty in everyone’s mind that it has become mandatory to make informed decisions. The way things are moving, we may see another expansion in the future.

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