Latest Blogs from SBS and Company LLP

    Transition From The Companies Act, 1956 To The Companies Act, 2013 – Compliance

    All the professional colleagues are aware that, of all the sections of the Companies Act, 2013, which have been notified, some of the sections, and the rules made thereunder, provide for the time limit within which some compliances are to be made by the companies/Auditors/Directors. An effort has been made to list of the provisions in Chronological order as to their compliances:

    This article is contributed by Partners of SBS and Company LLP - Chartered Accountant Company. You can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.

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    Amendment To The Rules Pertaining To Related Party Transactions – Section 188

    Ministry vide The Companies (Meetings of Board and its Powers) Second Amendment Rules, 2014 Dated:14.08.2014, has amended the limits as to transactions as contained in the initial rules, in relation the 1st provisio to Section 188 (1) of the Companies Act, 2013. The revised rules in comparison with the Original rules are herewith reproduced.

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    Audit Under Service Tax – Powers Of Revenue

    Rule 5A of the Service Tax Rules, 1994 provides for audit under service tax. This provision empowers Commissioner to appoint officer for carrying out audit under Service Tax. As everyone are aware, the recent buzz is that appointment of Departmental Officer for audit under this rule is invalid as it is ultra vires Section 72A which contemplates only special audit by a Chartered Accountant or Cost Accountant. Let’s have a look at this rule before proceeding to discuss on this issue. 

    “5A. Access to a registered premises: 

    • An officer authorised by the Commissioner in this behalf shall have access to any premises registered under these rules for the purpose of carrying out any scrutiny, verification and checks as may be necessary to safeguard the interest of revenue. 
    • Every assessee shall, on demand, make available to the officer authorised under sub-rule (1) or the audit party deputed by the Commissioner or the Comptroller and Auditor General of India, within a reasonable time not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by such officer or the audit party, as the case may be,- 
    • the records as mentioned in sub-rule (2) of rule 5; 
    • trial balance or its equivalent; and 
    • the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961 ( 43 of 1961), for the scrutiny of the officer or audit party, as the case may be.” 

    On perusal of this rule, the following interpretations emanate—

    • Sub-rule(1) empowers Commissioner to authorize an officer for accessing any registered premises to carry out any scrutiny, verification, checks as may be necessary to safeguard the interest of revenue. 
    DTA Turnover Vs DTA Unit – SEZ Exemption

    We all are aware that the services provided to a unit located in SEZ or a developer of SEZ are exempted from service tax by way of Notification No 12/2013-ST dated 01.07.2013 subject to certain conditions, limitations and safeguards as specified in the said notification. 

    The notification provides for ab intio exemption from service tax for such specified services received by SEZ unit or developer which are exclusively used for authorised operations of the SEZ. Further, the service tax pertaining to such services which are not used exclusively for authorised operations of the SEZ shall be allowed by way of refund subject to certain conditions as mentioned below. 

    The said notification vide Para III (a) states that the services which are common to the authorised operations of the SEZ and the operation in the DTA Unit shall be distributed among the SEZ Unit and the DTA Unit in the manner as prescribed in Rule 7 of Cenvat Credit Rules, 2004. That is to say the SEZ unit or developer can only claim refund of the service tax which is in proportion to the turnover of the SEZ Unit and credit of service tax in proportion to the turnover of DTA Unit shall not be allowed. 

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