Physical Verification Of Registered Office by ROC

As per the MCA notification dated 18 August 2022 Government has notified the Companies (Incorporation) Third Amendment Rules, 2022. As per the amended rules MCA has added a new Rule i.e.25B- Physical verification of the Registered office of the Company. This rule came to complete Section 12(9) of Companies Act, 2013. 

MCA has made amendment in Section 12(9) of Companies Act, 2013 on July, 2019. Since that period the manner/ process of physical verification of registered office was pending for MCA side. Finally, MCA came with rule 25B. 

Note: This amendment in Rules in nothing but an attempt to only prescribe the procedure for an enabling clause which was inserted through a new Sub-sec (9) in Sec 12 of the CA2013 as amended in 2019. 

These rules only provides that when the ROC has a reasonable cause to believe that the company is not carrying on business only then he can cause a physical verification. 

I. Interpretation of Provisions As per the provisions of Rule 25B “ROC may visit the Registered office of the Company and conduct physical verification of Registered Office.” 

II. Situations in which ROC can conduct physical verification There is dilemma in the professionals/ corporates in respect of situations in which ROC can conduct the Physical Verification. Many questions asked by professionals on these rules. Like: Whether these rules applicable on New Incorporations? Whether these rules shall be apply on old Incorporation? Whether ROC will conduct physical verification of Registered office of all the Companies?   After reading the rule 25B along with Section 12(9) one can opine that following shall be situations when ROC can conduct physical verification of Registered office. 

1. ROC Received any Complaint: If ROC received any complaints against the Company from any other authorities, stake holders, public etc. In such situations ROC can conduct the physical verification of Registered office of Company. 

2. Notice Returned Back: If ROC/ RD send any notice or letter to Company. Such letter returned as undelivered. In such situations it can be presume that Company is not maintaining registered office on address mentioned as Registered office and ROC can conduct physical verification of Registered office. 

3. Annual Documents not Filed: If Company has not filed Annual Forms like AOC-4, MGT-7 etc. continue 2 years or more. In such situation as per provisions of Section 12(9) of Companies Act, 2013 ROC can take a view that Company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company 

4. Non filing of Declaration of Commencement: If Company has not filed Declaration of Commencement of Business in e-form INC 20A. In such situation as per provisions of Companies Act, 2013 ROC can take a view that Company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company 

5. Company fails to file INC-22: If in any case at the time of Incorporation of Company, its doesn’t mention the address of Registered office of Company in SPICE Part B, Company have to file INC-22 within 30 days of Incorporation. In such case, if Company fails to file INC-22 in such situation ROC can take a view that Company is not maintaining its registered office and can conduct physical verification of Registered office of Company. 

III. Consequence of non-maintenance of Registered Office Where the registered office of the company is found to be not capable of receiving and acknowledging all communications and notices, the Registrar shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies. 

IV. Process of Physical Verification of Registered Office The Registrar shall carry the documents as filed on MCA 21 in support of the address of the registered office of the company for the purposes of physical verification to authenticate the place and documents. The ROC shall 

a) check the authenticity of the documents filed with ROC by the Company by cross verification with the copies of supporting documents of such address collected during the said physical verification 

b) take a photograph of the registered office of the company while causing physical verification of the same 

c) Prepare report of the physical verification and Report on Physical Verification of the Registered Office of the Company shall includes followings:  

1. Name and CIN of the Company 
2. Latest address of the registered office of the company as per MCA 21 record 
3. Date of authorization letter issued by the Registrar of Companies 
4. Name of the Registrar of Companies 
5. Date and Time of visit for physical verification of the registered office 
6. Location details along with Landmark 
7. Details of the person available if any at the time of the visit- 

• Name 
• Father's Name 
• Residential address 
• Relationship with the company, if applicable 

8. Remarks if any 

9. Documents attached 

Copy of the agreement/ownership/rent agreement/No Objection 

Certificate of the registered office of the company from owner/ tenant/ lessor: - Photograph of the registered office 

Self-Attested ID-Card of the person available, if any 

Any other document(s)

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INCOME TAX RETURN FILING IN JAIPUR - TaxFizzle

 

What is Income Tax and How it is Charged 

Income Tax is a Tax that is imposed on Individual or entities (Tax-Payer) on their income or profits earned during a particular tax period. Income Tax is charged as a percentage of taxable income that varies on the basis income of the tax-payer. The Financial year (April to March in India) in which the income is earned by the tax-payer is known as previous year and the next financial year in which such income is taxed or assessed is known as assessment year. For the financial or previous year 2018-19 the assessment year is 2019-20.

Every individual tax payer & HUF whose income during a previous year exceeds the basic exemption limit (currently Rs.250000/-) is required to file Income Tax Return, in case of other tax payers filing of return is mandatory irrespective of their income.

Type of Taxpayers:

For the classification purpose,Tax payers are divided into following categories under income tax: –

• Individual
• Hindu Undivided Family
• Company
• Firm
• An Association of persons or a body of individuals
• A Local Authority

Mode of Filing of Return

Every person is required to file his Income Tax Return electronically except following:

Individuals of the age of 80 years or more whose income does not exceed 5 lakh rupees and who does not claim any refund in his return may file return in paper form, if he is filing his return in Form ITR-1 & Form ITR-4. Everyone else is required to file his return electronically.

Heads of Income

Income earned by a tax payer  is divided into following five categories or heads under income tax:-

• Salary: – Existence of relationship of employer and employee is must between the payer and payee to tax the income under this head. Income under the head salaries includes the following;
• Wages
• Annuity
• Pension
• Gratuity
• Fees, Commission, Perquisites, Profits in lieu of or in addition to Salary or Wages
• Advance of Salary
• Leave Encashment
• Annual accretion to the balance of Recognized Provident Fund
• Transferred balance in Recognized Provident Fund
• Contribution by Central Government or any other employer to Employees Pension Account
• House Property: The Income is taxable under this head if the tax-payer ownsa house property consisting of any building or land appurtenant thereto and the house property is not being used for the purpose of business or profession carried on by the tax-payer.
• Capital Gains: The Income is taxable under this head if the tax-payer earns any profit or gains by the transfer of a Capital Asset during the previous year. Capital Asset includes the following:
• Any kind of property held by tax-payer, whether or not connected with business or profession of the tax-payer.
• Any securities held by a FII which has invested in such securities in accordance with the regulations made under the SEBI Act, 1992.
• Income from Business or Profession:The Income is taxable under this head if it is earned by the tax-payer as a result of his Business (trading, manufacturing etc.) or profession (Doctor, Engineer, Advocate, Company Secretary etc.).
• Income from other sources: Any income which cannot be charged under any of above heads will be charged under this head. Dividend Income, Interest on securities,Composite rental income from letting of plant, machinery or furniture with buildings if such income is not chargeable under the head business or profession are some example of such income. 

Slab of Income:

For individual tax-payers tax is levied on the basis of slab system where different rates have been provided for different slabs and such tax slabs may change during every union budget. Income tax slab for all the tax-payers for the assessment year 2019-20 are summarized in below table: –

Income tax slab for Financial Year 2018-19

Type of Taxpayer	Income Slab	Tax Rate	Health & Education Cess
Individual & HUF below 60 years of Age	Upto Rs.2.5 Lakh	Nil
	Rs.250000 to 500000	5%	4% of tax
	Rs. 500000 to 1000000	20%	4% of tax
	Above 1000000	30%	4% of tax
Individual & HUF of age above 60 Years but Less than 80 Years.	Up to Rs 300000	Nil
	Rs.300000 to 500000	5%	4% of tax
	Rs. 500000 to 1000000	20%	4% of tax
	Above 1000000	30 %
Individual & HUF of age above 80 Years.	Up to Rs 5,00,000	Nil
	500000 to 1000000	20%	4% of tax
	Above 1000000	30%	4% of tax
Domestic Companies	Gross Turnover Upto Rs. 250 Cr.	25%	4% of tax
	Gross Turnover exceeding 250 Cr.	30%	4 % of tax

Due Dates for Filing Return of Income for AY 2018-19

Due dates for filing Income tax return are as follows:

S.No.	Type of Taxpayer	Due Date
1	Individuals, HUF, BOI, AOP. (Taxpayers with no audit requirement.)	31st July of relevant Assessment Year
2	Company, Taxpayers whose accounts need to be Audited, working partner (whose firm’s books need to be Audited)	30th September of the relevant Assessment Year
3	Individuals, HUF, BOI, AOP (Taxpayers with audit requirement)	30th September of the relevant Assessment Year

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Start a Private Limited Company in Jaipur

Private Limited Company Registration – Process & Documents Required

Private Limited Company is the most prevalent and popular type of corporate legal entity in India. Private limited company registration is governed by the Companies Act, 2013 and the Companies Incorporation Rules, 2014.

To register a private limited company, a minimum of two shareholders and two directors are required. MCA has recently implemented major changes to the process and made it very simple to incorporate a company. 

Features of Private Limited Company

1. Required Minimum 2 Directors and Shareholders 

2. Investment Friendly 

3. Body Corporate and Benefit of Limited Liability 

4. Widely Accepted Business Structure 

5. Easy Restructuring 

6. Maximum Number of Members can be up to 200 

7. Suitable for Startups and Growing Businesses

Documents Required For Private Limited Company Registration

1. PAN of all Directors 

2. Voter ID/DL/Aadhar Card/Passport of All Directors 

3. Passport Photo of all Directors 

4. Latest Bank Passbook/Statement or Electricity/Boradband Bill 

5. Latest utility bill (electric bill/telephone bill) and Rent Agreement or latest tax receipt/ownership deep of the property for the property to be used for registered office.

Step By Step Procedure

Step 1- Application for Obtaining DSC (Digital Signiture) 

Step 2- Preparation and Signing of Incorporation Documents 

Step 3- Filing of Incorporation Form to MCA 

Step 4- Waiting For Approval from ROC 

Step 5- Certificate of Incorporation

Time Required

Step 1- 1 Day 

Step 2 and 3 - 1 Day 

Step 4 and 5- Time Taken by MCA

What is included in Company Registration Package 

• Certificate of Incorporation 
• MO and AOA of the Company
• Digital Signiature of all the member of the Company
• DIN no of the Company
• PAN of the Company
• TAN of the Company
• EPFO Registration 
• ESIC Registration 
• Bank Account of the Company 

FREQUENTLY ASKED QUESTIONS

 1. Is it necessary to have 2 directors for Private Limited Company Registration?

Yes, you need a minimum of two directors for a private limited company. The maximum members can be 200. If you are the sole owner, you can register as a One Person Company.

2.  Who can be Shareholder/Member in Private Limited Company ? 

Any individual/Company/LLP can become the member of the private limited company including foreigners/NRI. However, the individual must 18+ above in terms of age and should have a valid PAN card.

3. Do i need a commercial address to incorproate a Private Limited company ? 

No, It is not mandatory to have commercial address, you can form Company at Residential Address also,  there is mandatory requirement to have Name Plate of the company along with CIN no. 

4. Where do i get CIN No of the Company ? 

CIN is always mentioned at Certificate of Incorproation of the Company , you are required to mentiond Company CIN at all commercial documents like Letter Heads, Visiting Cards, Website of the Company.

5. What is MOA & AOA of the Company?

Memorandum of Association is Charter document of Company , where the name, state of registered office, Objects of the company , Share Capital are mentioned , while in AOA details regarding Authority and procedure for operations of the company are mentioned. 

Place your by calling at +91-7014035763

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Compliance Calendar for September 2021 All Important Due Dates for September 2021 at one place

It is essential for every business to comply with legal compliances and to finish all filings required before the due dates irrespective of the structure of the business. Post covid, The Government and concerned Government Departments such as Ministry of Corporate Affairs (MCA), Central Bureau of Direct Taxes (CBDT), Income Tax Department, Ministry of Finance, etc have announced extensions in various due dates recently. Many Due dates under Income Tax have also been extended recently due to glitches in the new income tax portal. As far as compliances are concerned, every month has its own importance. It is important to acknowledge the importance of September month as various due dates of filing ITR under income tax act, and a few important statutory compliances on MCA portal are in the September month.

All the important due dates for statutory compliances are as follows:

S. No.	Act / Portal	Compliance	Period	Original date	Extended Date	Details
1	Income tax	Depositing TDS/TCS/ Equalization Levy	Aug-21	07-Sep-21	07-Sep-21	Due date of depositing TDS/TCS and Equalization Levy for previous month.
2	GST	GSTR-7	Aug-21	10-Sep-21	10-Sep-21	To be filed by the persons who is required to deduct TDS (Tax deducted at source) under GST.
3	GST	GSTR-8	Aug-21	10-Sep-21	10-Sep-21	To be filed by the e-commerce operators who are required to deduct TCS (Tax collected at source) under GST.
4	GST	GSTR-1	Aug-21	11-Sep-21	11-Sep-21	To be filed by: A. Registered person with aggregate turnover exceeding INR 5 Crores during preceeding year. B. Registered person, with aggregate turnover of less then INR 5 Crores during preceeding year, opted for monthly filing of return under QRMP
5	GST	Details of outward supply-IFF	Aug-21	13-Sep-21	13-Sep-21	Registered person with turnover less than INR 5 Crores and opted for quarterly filing of return under QRMP.
6	GST	GSTR -6	Aug-21	13-Sep-21	13-Sep-21	To be filed by Input Service Distributors.
7	Income tax	TDS Certificate	Aug-21	14-Sep-21	14-Sep-21	Due date for issue of TDS Certificate for tax deducted under section 194-IA, 194-IB and 194M in the month of August, 2021
8	Labour Law	Providend Fund / ESI	Aug-21	15-Sep-21	15-Sep-21	Due Date for payment of Provident fund and ESI contribution for the previous month.
9	Income tax	Form 3BB by Stock Exchange	Aug-21	15-Sep-21	15-Sep-21	Form 3BB is the monthly statement to be furnished by a stock exchange in respect of transactions in which client codes been modified after registering in the system for the month of August 2021
10	Income tax	24G	Aug-21	15-Sep-21	15-Sep-21	Due date of furnishing of Form 24G by an office of the Government where TDS/TCS for the month of July, 2021 has been paid without the production of a challan
11	Income tax	Payment of Advance Tax (2nd Installment)	AY 2022-2023	15-Sep-21	15-Sep-21	Second instalment of advance tax for the assessment year 2022-23
12	GST	GSTR – 3B	Aug-21	20-Sep-21	20-Sep-21	Due Date for filling GSTR – 3B return for the month of August, 2021 for the taxpayer with Aggregate turnover exceeding INR 5 crores during previous year
13	GST	GSTR -5	Aug-21	20-Sep-21	20-Sep-21	GSTR-5 to be filed by Non-Resident Taxable Person for the previous month.
14	GST	GSTR -5A	Aug-21	20-Sep-21	20-Sep-21	GSTR-5A to be filed by OIDAR Service Providers for the previous month.
15	GST	GSTR – 3B *(for category A state)	Aug-21	22-Sep-21	22-Sep-21	Due Date for filling GSTR – 3B return for the month of August, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for monthly filing of GSTR-3B
16	GST	GSTR – 3B **(for category B state)	Aug-21	24-Sep-21	24-Sep-21	Due Date for filling GSTR – 3B return for the month of August, 2021 for the taxpayer with Aggregate turnover upto INR 5 crores during previous year and who has opted for monthly filing of GSTR-3B
17	GST	Payment of GST	Aug-21	25-Sep-21	25-Sep-21	GST Challan Payment for taxpayer, with aggregate turnover of less than INR 5 Crores during preceeding year, who has opted for quarterly filing of returns.
18	Income tax	TDS challan cum statement	Aug-21	30-Sep-21	30-Sep-21	Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194M for the month of August, 2021
19	Income tax	Linking PAN with AADHAAR	1st April, 2019 onwards	30-Sep-21	30-Sep-21	Linking of PAN with AADHAAR number is mandatory from 1st april 2019 (due date Extended from 31 March 2021 to 30th June 2021 vide notif. S.O. 1432(E), dated 31-03-202) (further extended from 30 June 2021 to 30 September 2021 (vide Circular no. 12/2021, dated 25-06-2021) (if not linking the PAN with AADHAAR numner then the PAN will be inoperative and a person will not be able to conduct financial transactions)
20	Income tax	Income Tax Return	AY 2021-2022	31-Jul-21	30-Sep-21	Return of income for the assessment year 2021-22 for all assessee other than: A. Corporate Assessee B. Assessee whose books of account are required to be audited C. Partner of a firm whose accounts are required to be audited or the spouse of such partner if the provisions of section 5A applies. D. An assessee who is required to furnish a report under section 92E
21	Others	Registration on Udyam Portal	1st April, 2021 onwards		01-04-2021 onwards	MSMEs registrated prior to 30th June 2020, there MSME registration shall remain valid only up to 31st March, 2021, i.e., after this date it is mandatory for each and every enterprise to register itself on Udyam portal.
22	MCA	Form AOC-4  filling by OPC (One Person Company)	FY 2020-21	27-Sep-21	27-Sep-21	Form AOC 4 is used to file the financial statements for each financial year with the Registrar of Companies (ROC)
23	MCA	Form DIR-3 (KYC for Director)	FY 2020-21	30-Sep-21	30-Sep-21	DIR-3 KYC is an annual e-form which is to be filed by every Director/Partners/Designated Partners who has been allotted a ‘Director Identification Number’ (DIN) as on 31st March of a financial year and is to be submitted as an e-form DIR-3-KYC to the Central Government on or before 30th September of immediate next Financial Year.
24	GST	Apply for revocation of cancellation of GST Registration falling between 1st March, 2020 to 31st August, 2021	Within 90 days from date of cancellation of GST Registration		30-Sep-21	In view of the notification 34/2021 -Central dated 29th Aug 2021, where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021, the time limit for filing such application for revocation of cancellation of registration has been extended up to 30th September, 2021.

 

* Category A States - Chhattisgarh, Madhya Pradesh, Gujarat, Dadra and Nagar Haveli and Daman and Diu, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, Tamil Nadu, Puducherry, Andaman and Nicobar Islands, Telangana and Andhra Pradesh

** Category B States -  Jammu and Kashmir, Ladakh, Himachal Pradesh, Punjab, Chandigarh, Uttarakhand, Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand and Odisha

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