Oct 08 ,2021 /
Complinova Team /
MCA/ROC/Companies Act, 2013
# |
Activity / Requirement |
Form No. |
Timeline |
1. |
Open Company Bank Account and each of the Subscribers (initial shareholders) to deposit their portion of the share capital into the Company Bank Account from their respective bank accounts |
-- |
Within 2 months of incorporation |
2. |
Appoint Statutory Auditor of the Company and file eForm ADT-1 within 15 days of the appointment |
ADT-1 |
Within 30 days of incorporation |
3. |
Issue Share Certificates to the initial subscribers/shareholders of the Company |
SH-1 |
Within 2 months of incorporation |
4. |
Declaration of commencement of business |
INC-20A |
Within 180 days of Incorporation |
5. |
Declaration by Directors (Disclosure of Interest, Qualification, residential status, VC meetings etc.) |
MBP-1
DIR-8 |
Annually |
6. |
Annual Return along with Financial Statements and Board’s report |
AOC-4 MGT-7 |
Within 30/60 days of AGM (30th Sep) |
7. |
Return of outstanding loans & advances, if any,taken by the Company (from directors/others) |
DPT-3 |
30th June pa |
8. |
To update KYC details of Directors |
DIR-3 |
30th Sep pa |
9. |
Qtly Board Meetings and Annual Shareholders Meetings - Notice, Agenda, Minutes, Acknowledgements etc. |
SS-1 & 2 |
Qtly |
10. |
Maintenance of Statutory Registers |
As per prescribed Formats |
Continuous |
Tax Laws
# |
Activity / Requirement |
Form No. |
Timeline |
Income Tax Regulations:
|
1 |
Income Tax Return |
ITR-6 |
30th September every year |
2 |
Tax Audit Report from CA (if applicable) |
3CA / 3CD |
30th September every year |
3 |
TDS Payment |
ITNS-281 |
By 7th of every month |
4 |
TDS Return |
24Q / 26Q |
By 30th day after end of Qtr |
5 |
Issue of Shares, Debentures, Bonds > Rs. 10 Lakh |
61A |
By 31st May of next year |
6 |
Receipt of cash payment exceeding Rs. 2 lakh for sale |
61A |
By 31st May of next year |
7 |
Paid any Dividend to the Shareholders |
61A |
By 31st May of next year |
|
GST Regulations: |
1 |
Monthly Sales Report - GST Return Filing |
GSTR-1 |
By 11th of every month |
2 |
Monthly Sales, Input Credit and Tax Payment Return Filing |
GSTR-3B |
By 20th of every month |
3 |
Annual GST Return Filing along with Audit Report by a CA |
GSTR-9 GSTR-9C |
31st December every year |
FEMA Regulations – FDI, ODI etc.
# |
Activity / Requirement |
Form No. |
Timeline |
1 |
RBI Firms Portal - Entity Registration |
FIRMS |
As soon as FDI is received |
2 |
RBI Firms Portal - Business User Registration |
FIRMS |
As soon as FDI is received |
3 |
Form FC-GPR approval for all the incoming Investments (FDI) |
FC-GPR |
Within 30 days of issue of shares or receipt of remittance whichever is earlier |
4 |
Form FC-TRS approval - if there is any transfer of shares |
FC-TRS |
Within 60 days of transfer of shares or remittance whichever is earlier |
5 |
Form DI approval - if there is any further downstream investment by the FDI receiving entity |
DI |
Within 30 days of issue / allotment of shares |
6 |
Annual Return on Foreign Liabilities and Assets (FLA return) |
FLA |
By 15th July of every year |
7 |
Overseas Direct Investment (ODIs) Approval |
ODI |
Before making ODI. Any changes to be reported within 30 days |
8 |
Annual Performance Report (APR) for ODIs |
APR |
By 31st December of every year |
Notes:
1. Money transfer through Money Transfer Service Scheme (Western Union, Money Corp etc.) is not allowed for the business purpose
2. Money to be transferred by the investor/shareholder only by its own proper bank. Use of 3rd party for money transfer will increase the compliance and complications
Labour Regulations
# |
Activity / Requirement |
Form No. |
Timeline |
1 |
PF payment and return – mandatory if 20 or more employees (permanent, temp, thru contactor – all including) |
Online Payment and Return |
Monthly payment and return by 15th
Annual return by 30th Apr (3A, 6A) |
2 |
ESI payment and return - mandatory if 10 / 20 or more employees (permanent, temp, thru contactor – all including) – refer annexure for state wise employees limit |
Online Payment and Return |
Monthly payment by 15th
Half Yearly return by 11th Nov (Apr – Sep) and 11th May (Oct – Mar) |
3 |
Professional Tax payment and return – applicable in states where it is mandatory – refer annexure |
Online Payment and Return |
Registration within 30 days of start
Monthly payment by 10th (employees)
Annual payment by 30th Jun (Self) |
4 |
Shops & Establishment registration and renewal |
State Based
(Form – I) |
Application within 30 days of business commencement, renewal by 1st December every year
(check respective state laws) |
5 |
Contract Labour registration and renewal - applies to every establishment employing 20 or more contract workers |
State Based
(Form – I) |
Application immediately
Renewal before 30 of expiry date
Annual Return
in Form XXV by 15th February |
6 |
Trade License and renewal |
State / District / Local Municipality based |
Before 31st March every year
(check respective LB laws) |
7 |
Payment of Minimum Wages to employees – refer annexure for state wise min. limit |
NA |
Monthly |
8 |
Maintenance of Labour Registers |
As per prescribed Formats |
Continuous |
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States where Professional Tax
applicable
States Where Professional Tax is Applicable
|
1 | Andhra Pradesh |
2 | Assam |
3 | Bihar |
4 | Chhattisgarh |
5 | Gujarat |
6 | Jharkhand |
7 | Karnataka |
8 | Kerala |
9 | Madhya Pradesh |
10 | Maharashtra |
11 | Manipur |
12 | Meghalaya |
13 | Mizoram |
14 | Nagaland |
15 | Odisha |
16 | Puducherry |
17 | Sikkim |
18 | Tamil Nadu |
19 | Telangana |
20 | Tripura |
21 | West Bengal |
States Where Professional Tax is NOT Applicable
|
1 | Andaman and Nicobar Islands |
2 | Arunachal Pradesh |
3 | Chandigarh |
4 | Dadra and Nagar Haveli |
5 | Daman & Diu |
6 | Delhi |
7 | Goa |
8 | Haryana |
9 | Himachal Pradesh |
10 | Jammu & Kashmir |
11 | Lakshadweep |
12 | Punjab |
13 | Rajasthan |
14 | Uttar Pradesh |
15 | Uttarakhand |
State-wise ESI Applicability
# | State Name | No of Employees | | # | State Name | No of Employees |
1 | AndhraPradesh | 10 | | 19 | AndamanandNicobar | 20 |
2 | Bihar | 10 | | 20 | ArunachalPradesh | 20 |
3 | Chhattisgarh | 10 | | 21 | Assam | 20 |
4 | Delhi | 10 | | 22 | Chandigarh | 20 |
5 | Gujrat | 10 | | 23 | DadraandNagarHaveli | 20 |
6 | Haryana | 10 | | 24 | DamanandDiu | 20 |
7 | Jharkhand | 10 | | 25 | Goa | 20 |
8 | Karnataka | 10 | | 26 | HimachalPradesh | 20 |
9 | Kerala | 10 | | 67 | Jammu & Kashmir | 20 |
10 | Orissa | 10 | | 28 | Lakshadweep | 20 |
11 | Pondicherry | 10 | | 29 | MadhyaPradesh | 20 |
12 | Punjab | 10 | | 30 | Maharashtra | 20 |
13 | Rajasthan | 10 | | 31 | Manipur | 20 |
14 | Telangana | 10 | | 32 | Meghalaya | 20 |
15 | Tripura | 10 | | 33 | Mizoram | 20 |
16 | Uttarakhand | 10 | | 34 | Nagaland | 20 |
17 | WestBengal | 10 | | 35 | OutsideIndia | 20 |
18 | Sikkim | 20 | | 36 | Tamilnadu | 20 |
| | 37 | UttarPradesh | 20 |
Note: Once the number of employees reaches the above mentioned threshold, Company need to get the ESI Registration
State-wise Minimum Wages
# | Skill Category | Andaman | AP | Arunachal | Assam | Bihar | Chandigarh |
1 | Unskilled | 12,740 | 9,806 | 6,600 | 8,946 | 7,956 | 11,022 |
2 | Semi Skilled | 14,222 | 9,992 | 6,900 | 10,438 | 8,268 | 11,172 |
3 | Skilled | 16,432 | 10,828 | 7,200 | 13,048 | 10,088 | 11,532 |
4 | Highly Skilled | 17,940 | 11,663 | 16,775 | 12,324 |
5 | Supervisor | | 18,384 | 8,771 |
| Applicable From | 01-Jan-21 | 01-Apr-21 | 01-Apr-16 | 01-Jun-21 | 01-Apr-21 | 01-Apr-20 |
# | SkillCategory | Chhattisgarh | Dadra | Daman | Delhi | Goa | Gujarat |
1 |
Unskilled |
9,800 |
8,845 |
8,845 |
15,908 |
9,542 |
9,053 |
2 | Semi Skilled | 10,450 | 9,053 | 9,053 | 17,537 |
11,050 | 9,261 |
3 | Skilled | 11,230 |
9,261 | 9,261 | 19,291 | 12,480 | 9,495 |
4 | HighlySkilled | 12,010 | | - |
5 | Supervisor | 20,976 | |
| Applicable From | 01-Oct-21 | 01-Apr-21 | 01-Apr-21 | 01-Apr-21 | 01-Oct-20 | 01-Apr-21 |
# | Skill Category | Haryana | Himachal | J&K | Jharkhand | Karnataka | Kerala-IT |
1 | Unskilled | 9,803 | 9,000 | 5,850 | 8,095 | 13,311 | 15,602 |
2 | Semi Skilled | 10,808 | 9,510 | | 8,480 | 14,470 | 17,702 |
3 | Skilled | 11,916 | 10,446 | 9,100 | 11,179 | 15,744 | 19,692 |
4 | Highly Skilled | 12,512 | 10,446 | 10,400 | 12,913 | 17,147 | 22,082 |
5 |
Supervisor |
11,348 |
8,450 |
18,146 |
23,462 |
|
ApplicableFrom | 01-Jul-21 | 01-Apr-21 | 01-Nov-17 | 01-Apr-21 | 01-Apr-21 | 01-Jul-21 |
# | Skill Category | Kerala-Others | MP | Maharashtra | Manipur | Meghalaya | Mizoram |
1 | Unskilled | 12,172 | 8,800 | 11,451 | 6,750 | 8,918 | 7,020 |
2 | Semi Skilled | 12,382 | 9,657 | 12,286 | 7,440 | 10,114 | 7,800 |
3 | Skilled | 12,802 | 11,035 | 13,062 | 8,190 | 11,310 | 9,620 |
4 | Highly Skilled | 13,012 | 12,335 | 12,480 | 11,960 |
5 | Supervisor | 13,222 |
| Applicable From | 01-Jul-21 | 01-Oct-21 | 01-Jul-21 | 27-Dec-16 | 01-Oct-20 | 01-Apr-16 |
# | Skill Category | Nagaland | Odisha | Puducherry | Punjab | Rajasthan | Sikkim |
1 | Unskilled | 5,280 | 8,086 | 6,950 | 8,777 | 7,176 | 7,800 |
2 | Semi Skilled | 6,300 | 9,126 | 7,666 | 9,557 | 6,552 | 8,320
|
3 | Skilled | 7,050 | 10,426 | 7,775 | 10,454 | 6,864 | 8,710 |
4 | Highly Skilled | 7,050 | 11,986 | 7,824 | 11,486 | 8,476 | 9,490 |
5 | Supervisor | 8,142 | |
| Applicable From | 14-Jun-19 | 01-Apr-21 | 01-Jan-20 | 01-Sep-19 | 01-Jul-20 | 01-Jul-17 |
# | Skill Category | TamilNadu | Telangana | Tripura | UP | Uttarakhand | WestBengal |
1 | Unskilled | 9,770 | 10,548 | 6,209 | 9,078 | 9,131 | 8,904 |
2 | Semi Skilled | 9,831 | 10,734 | 6,812 | 9,985 | 9,724 | 9,795 |
3 | Skilled | 9,881 | 10,950 | 7,618 | 11,185 | 10,318 | 10,775 |
4 | Highly Skilled | 9,922 | 11,570 | 10,572 | 11,851 |
5 | Supervisor | 10,334 | 12,405 | 11,320 |
| Applicable From | 01-Apr-21 | 01-Apr-21 | 01-Apr-21 | 01-Apr-21 | 01-Apr-21 | 01-Jul-21 |