As per, Companies (Acceptance of Deposits) Amendment Rules, 2019 on 22nd January 2019 to further amend the Companies (Acceptance of Deposits) Rules, 2014:
Following transactions are enlisted in Rule 2(1)(c) which required one time Reporting in DPT-3
Rule 2(1)(c) defines the term ‘deposit’ in an exclusive manner and enlists 19 transactions which are not treated as deposits. Below is the list of the items that are excluded from the term ‘deposit’ subject to the conditions/ exceptions mentioned thereunder-
a. Amount received from central government, state government etc;
b. Amount received from foreign governments/ banks etc;
c. Amount received as loan from banks, banking companies etc;
d. Amount received as loan from Private Finance institutions (PFIs), any regional Financial Institutions or insurance companies or scheduled banks;
e. Amount raised through issuance of commercial paper;
f. Inter- corporate deposits;
g. Amount received as subscription money for securities pending allotment;
h. Amount received from directors/ relative of directors in case of a private company;
i. Amount raised by issue of secured bonds/ debentures;
j. Amount raised through issuance of unsecured listed NCDs;
k. Non-interest bearing security deposit received from employees;
l. Non-interest bearing amount held in trust;
m. Advance from customers;
n. Amount brought by the promoters;
o. Any amount accepted by a Nidhi;
p. Any amount received by way of subscription in respect of a chit;
q. Any amount received by the company under any collective investment scheme;
r. Amount received by start- up company by way of convertible note;
s. Amount received from Alternate Investment Funds (AIFs), venture capital funds (VCFs) real estate investment trusts (REITs) etc.
Here in our case, A company conducted an activity, the merchandise cost for the same was reimbursed by the Ministry of Tourism, Government of India.
As per the Companies Act, 2013 any amount received from the Central or State Government or Statutory authority is an exempted deposit and DPT-3 has to be filed Right ?
1Applicable on All companies (whether Private or Public or OPC etc.) except Government Companies are required to file form DPT-3.
Kindly share your views for the same on above cited Query for filing of DPT-3
Dear Learned Members,
4th proviso to the Section 77 states that:
"Provided also that this section shall not apply to such charges as may be prescribed in consultation with the Reserve Bank of India."
(As may be prescribed doesn't specifically spell out any exempted charges)
Does anybody have list of these exempted charges.
Need you valuable suggestions and guidance.
Fact are as follows
ACIT has pass order under for exemption of Rs 600000 and Nil demand under Section 143(3) for for AY 2017-18 of Trust which is registered u/s 10(25) of the Act.
As per income & expenditure for the year as follows
Gross receipt Rs 1250000
Expenditure Rs 650000
Net Income Rs 600000
In return assessee fill exemption of Rs 1250000 (Gross) instead of Rs 600000 (net) for the year.
During proceedings, request made for making adjustments for clerical mistake apparent from material record.
Also submitted ITAT Delhi order in the matter of ICAI vs CPC banglor, where ITAT said for making prima facie adjustments apparent from records.
However, AO passed order of correct exemption of Rs 600000 and pass at Nil income and tax.
Further, initiated penalty of 270A for under reporting of Income in consequences of mis reporting.
1. Whether this case is of under reporting of Income
2. If yes then how taxes shall be computed and penalties.
Dear Members,
There is an outstanding amount of "Advance against Booking" since 3 years in a real estate company.
Will that amount will come under "exempted deposit"?
Thanks & Regards,
Shweta gupta
Whether a government company exempted from holding an annual general meeting?
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PLEASE ADVISE WHETHER AUDITOR WILL GET EXEMPTION FROM REPORTING ON IFC ON THEIR AUDITOR REPORT FOR F.Y 2016-17 OF COMPANIES WHO HAS GOT EXEMPTION VIDE NOTIFICATION DATED 13 JUNE 2017 U/S 143 OF COMPANIES ACT 2013 MERELY ON THE GROUND THAT THEY ARE SIGNING AUDITOR REPORT ON OR AFTER 13 JUNE 2017 AS 143 SAYS THAT AUDITOR SHOULD REPORT.......... AS ON 31ST MARCH 2017 AND AS ON DATE .
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