“Eligibility to file a refund application in FORM GST RFD-01 for a period and category under which a NIL refund application has already been filed”

F.No. CBEC – 20/06/03/2019 – GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

******

New Delhi, the 3rd October, 2019

To

The Pr. Chief Commissioners / Chief Commissioners / Principal Commissioners / Commissioners of Central Tax (All)

The Principal Director Generals / Director Generals (All)

Madam / Sir,

Subject: Eligibility to file a refund application in FORM GST RFD-01 for a period and category under which a NIL refund application has already been filed – regarding

Several registered persons have inadvertently filed a NIL refund claim for a certain period under a particular category on the common portal in FORM GST RFD-01A/RFD-01 in spite of the fact that they had a genuine claim for refund for that period under the said category. Once a NIL refund claim is filed, the common portal does not allow the registered person to re-file the refund claim for that period under the said category. Representations have been received requesting that registered persons may be allowed to re-file the refund claim for the period and the category under which the NIL claim has inadvertently been filed. The matter has been examined and in order to clarify this issue and to ensure uniformity in the implementation of the provisions of the law across field formations, the Board, in exercise of its powers conferred by section 168 (1) of the Central Goods and Services Tax Act, 2017

(hereinafter referred to as “CGST Act”), hereby clarifies the issues raised as below:

2. Whenever a registered person proceeds to claim refund in FORM GST RFD-01A/RFD-01 under a category for a particular period on the common portal, the system pops up a message box asking whether he wants to apply for ‘NIL’ refund for the selected period. This is to ensure that all refund applications under a particular category are filed chronologically. However, certain registered persons may have inadvertently opted for filing of ‘NIL’ refund. Once a ‘NIL’ refund claim has been filed for a period under a particular category, the common portal does not allow the registered person to re-file the refund claim for that period under the said category.

3. It is now clarified that a registered person who has filed a NIL refund claim in FORM GST RFD-01A/RFD-01 for a given period under a particular category, may again apply for refund for the said period under the same category only if he satisfies the following two conditions:

a. The registered person must have filed a NIL refund claim in FORM GST RFD-01A/RFD-01 for a certain period under a particular category; and

b. No refund claims in FORM GST RFD-01A/RFD-01 must have been filed by the registered person under the same category for any subsequent period.

It may be noted that condition (b) shall apply only for refund claims falling under the following categories:

i. Refund of unutilized input tax credit (ITC) on account of exports without payment of tax;

ii. Refund of unutilized ITC on account of supplies made to SEZ Unit/SEZ Developer without payment of tax;

iii. Refund of unutilized ITC on account of accumulation due to inverted tax structure;

In all other cases, registered persons shall be allowed to re-apply even if the condition (b) is not satisfied

4. Registered persons satisfying the above conditions may file the refund claim under “Any Other” category instead of the category under which the NIL refund claim has already been filed. However, the refund claim should pertain to the same period for which the NIL application was filed. The application under the “Any Other” category shall also be accompanied by all the supporting documents which would be required to be otherwise submitted with the refund claim.

5. On receipt of the claim, the proper officer shall calculate the admissible refund amount as per the applicable rules and in the manner detailed in para 3 of Circular No.59/33/2018-GST dated 04.09.2018, wherever applicable. Further, upon scrutiny of the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shall request the taxpayer in writing, if required, to debit the said amount from his electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in FORM GST RFD-06 and the payment order in FORM GST RFD-05.

6. It is requested that suitable trade notices may be issued to publicize the contents of this circular.

7. Difficulty, if any, in implementation of the above instructions may please be brought to the notice of the Board. Hindi version would follow.

(Yogendra Garg)

Principal Commissioner (GST)

DIR-3 KYC for the Financial year 2018-19 has expired on 14th October 2019

Please note that the last date for filing DIR-3 KYC for the Financial year 2018-19 has expired on 14th October 2019.

The process of deactivating the non-compliant DINs is in progress and will be completed shortly.

Please note that the form DIR-3 KYC and web service DIR-3 KYC will not be available for filing during the pendency of this activity. Filing of DIR-3 KYC and DIR-3 KYC WEB can be made after completion of the scheduled activity, as above when the form & service are re-deployed on the portal after payment of applicable fees. Stakeholders may kindly note and plan accordingly.

Renewal of Factory License under Directorate of Industrial Safety and Health (DISH) for the year 2020

Employers may be aware that renewal of factory license under DISH is due by 31.10.2019 for the year 2020. Any application not filed before the due date would attract 10% surcharge if it is filed before 30th November 2019 and 20%surcharge, if it is filed by 31st December 2019. The license if not renewed for more than a year, would expire normally by 31st December of each year.

 Therefore, after the expiry of factory license as on 1st of January, the surcharge payable would be 30% in addition to any penalty by way of prosecution by the DISH.

To avoid all the repercussions, Employers are advised to renew their factory license before 20th October 2019 without waiting for the due date to happen.

This year, the renewal application in Form No. 2 has to be uploaded only on the portal of the DISH as per the User ID and Password provided. As this is the first occasion to file the license renewal application by online, members are requested to initiate their actions well in advance or otherwise they may not get the portal support at the fag end. The fee Schedule is already provided in the Annual Report sent for the year 2018-19.

Accordingly, Employers can attempt to renew the license through online by paying the correct fee without any omission before the due date. For transfer and amendments also the fee has been enhanced and accordingly, by the schedule attached members can arrive the correct payment to be made for renewal / amendment / transfer of license for the year 2020 and make the license renewal / amendment / transfer applications well in advance.

New ESIC Changes w.e.f. 1st October, 2019

The ESI Act 1948, encompasses certain health-related eventualities that the workers are generally exposed to; such as sickness, maternity, temporary or permanent disablement, Occupational disease or death due to employment injury, resulting in loss of wages or earning capacity-total or partial. Social security provision made in the Act to counterbalance or negate the resulting physical or financial distress in such contingencies are thus, aimed at upholding human dignity in times of crises through protection from deprivation, destitution and social degradation while enabling the society the retention and continuity of socially useful and productive manpower.

The Employees' State Insurance Act 1948 (the ESI Act) provides for medical, cash, maternity, disability and dependent benefits to the Insured Persons under the Act. The ESI Act is administered by Employees' State Insurance Corporation (ESIC). Benefits provided under the ESI Act are funded by the contributions made by the employers and the employees.

The Government of India in its pursuit of expanding the Social Security Coverage to more and more people started a programme of special registration of employers and employees from December, 2016 to June, 2017 and also decided to extend the coverage of the scheme to all the districts in the country in a phased manner. The wage ceiling of coverage was also enhanced from Rs. 15,000/- per                                                        month to Rs. 21,000/- from 01.01.2017.

Current ESIC contribution Rate:

• Employers' share: 3.25%
• Employees share: 0.75%

Changes in ESIC with effect from 1st October, 2019

• Employees must be registered online on the date of appointment; the online system shall allow maximum 10 days to register the new employee.
• Employee will have to collect their Biometric ESI Permanent Card from the nearest Branch Office.
• Contribution against employee must be deposited within the due date. You shall not be able to deposit contribution online after 42 days from the end date of the contribution period.
• Employee whose per day salary is Rs. 176/- or less need not to pay Employee's contribution and the same will be paid by Govt. However, the Employer will have to pay their share of contribution.

Compilation of all Compliance Calendar under

Various Law for the month of October 2019

A.	Compliances Calendar for GST
B.	Compliances Calendar for ESI and PF Payments
C.	Compliances Calendar for Income Tax Act
D.	Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015
E.	SEBI (Prohibition of Insider Trading) Regulations, 2015
F.	SEBI Takeover Regulations 2011
G.	Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder
H.	Due Dates of ROC filings

The compliances of statutory laws, rules & regulations carry significance in terms of discharging the legal responsibilities by the various entities operating in the country. The meeting of deadlines and submitting the periodic information to the Government authorities is one of the most important and critical part of the working of the business.

For the ease of reference and smooth working, the table has been compiled below including all the important dates and types of forms required for meeting the statutory timelines.

S.No	Particulars of Compliance	Forms/Returns	Due Date
A.   Compliances Calendar for GST
1.	Form GSTR-7 (Period: From October 2018 to July 2019) TDS Deductor)	GSTR-7	10-10-2019
2.	Form GSTR-8 TCS Collector (for the month of July, 2019) (Summary of Tax Collected at Source (TCS) and deposited by E-commerce operators under GST laws)	GSTR-8	10-10-2019
3.	Return of outward supplies of taxable goods and/or services for the Month of September 2019 (for Assesses having turnover exceeding 1.5 Cr.) Monthly Return	GSTR-1	11-10-2019
4.	Quarterly return (July 2019 to September 2019) for registered persons with aggregate turnover up to Rs. 1.50 Crores	GSTR-1	31-10-2019
5.	Due date for Furnishing return of September 2019 by Input Service Distributors (ISD)	GSTR-6	13-10-2019
6.	Payment of self-assessed tax	PMT-08	Payment of tax shall be made by 20th of the month succeeding the month to which the liability pertains
7.	Application for Refund	RFD-10	18 months after end of the quarter for which refund is to be claimed
8.	Summary of outward taxable supplies and tax payable by Non-Resident taxable person & OIDAR respectively.(for the month of September, 2019)	GSTR-5 & GSTR – 5A	20-10-2019
9.	Simple GSTR return for the month of September, 2019	GSTR – 3B	20-10-2019
10	Due date for the quarter July 2019 to September 2019	GST CMP 08	18-10-2019
B.   Compliances Calendar for ESI and PF Payments
1.	PF Payment for September 2019	ECR	15-10-2019
2.	ESIC Payment for September 2019	ESI Challan	15-10-2019
C.   Compliances Calendar for Income Tax Act
1.	Due date for deposit of Tax deducted/collected for the month of September, 2019.However, all sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax Challan	TDS & TCS	07-10-2019
2.	Due date for deposit of TDS for the period July 2019 to September 2019 when Assessing Officer has permitted quarterly deposit of TDS under section 192, 194A, 194D or 194H	Quarterly deposit of TDS	07-10-2019
3.	Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of September, 2019	TDS Certificate u/s 194-IA	15-10-2019
4.	Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of September 2019	TDS Certificate u/s 194-IB	15-10-2019
5.	Due date for furnishing of Form 24G by an office of the Government where TDS/TCS for the month of September, 2019 has been paid without the production of a challan	Form 24G	15-10-2019
6.	Upload declarations received from recipients in Form No. 15G/15H during the quarter ending September, 2019	Form No. 15G/ 15H	15.10.2019
7.	Due date for furnishing statement in Form no. 3BB by a stock exchange in respect of transactions in which client codes been modified after registering inthe system for the month of September, 2019	Form No. 3BB	15-10-2019
8	Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA in the month of September, 2019	Statement for tax deducted u/s 194-IA	30.10.2019
9	Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IB in the month of September, 2019	Statement for tax deducted u/s 194-IB	30.10.2019
10	Quarterly TCS certificate (in respect of tax collected by any person) for the quarter ending September 30, 2019	Quarterly TCS certificate	30.10.2019
11	Intimation by a designated constituent entity, resident in India, of an international group in Form no. 3CEAB for the accounting year 2018-19	Form no. 3CEAB	31.10.2019
12	Quarterly statement of TDS deposited for the quarter ending September 30, 2019	Quarterly TDS deposited	31.10.2019
13	Due date for furnishing of Annual audited accounts for each approved programmes under section 35(2AA)	Annual audited accounts	31.10.2019
14	Quarterly return of non-deduction of tax at source by a banking company from interest on time deposit in respect of the quarter ending September 30, 2019		31.10.2019
15	Copies of declaration received in Form No. 60 during April 1, 2019 to September 30, 2019 to the concerned Director/Joint Director	Form No. 60	31.10.2019

D.  Compliance Requirement under SEBI (Listing Obligations and Disclosure Requirements) (LODR) Regulations, 2015

Annual Compliances

Sl. No.	Regulation No.	Compliance Particular	Compliance Period (Due Date)
1	Regulation 14	Listing fees & other Charges	Payment manner as specified by the Board of by Recognised Stock Exchange.
2	Regulation 34 (amended w.e.f. April 2019)	Annual Report	Within 21 working days from the AGM Date
3	Regulation 34(1)(a)	a copy of the annual report sent to the shareholders along with the notice of the annual general meeting not later than the day of commencement of dispatch to its shareholders;	Within one days from Dispatch to shareholder
4	Annual report in XBRL mode 16 may 2019 BSE CIRCULAR’	Filings in respect of Annual Report has to be done by all listed entities in XBRL mode in addition to the currently used PDF mode mandatorily, for periods ending March 31, 2019.	Same time limit of Regulation 34
5	Regulation 34(1)(b)	in the event of any changes to the annual report, the revised copy along with the details of and explanation for the changes shall be sent not later than 48 hours after the annual general meeting.	Within 48 hours after AGM
6	Regulation 36	The listed entity shall send annual report referred to in to the holders of securities, not less than twenty-one days before the annual general meeting.	21 days Before AGM (in soft or hard copy

Half Yearly Compliances

Sl. No.	Regulation No.	Compliance Particular	Compliance Period (Due Date)
1	Regulation 7(3)	Compliance Certificate certifying maintaining physical and electronic transfer facility	Within one month of end of each half of the financial year
2	Regulation 40(9)	Certificate from Practicing Company Secretary (PCS)	Within one month of end of each half of the financial year
3	Regulation 40(10)	Transfer or transmission or transposition of securities	Within one month of end of each half of the financial year

Event Based Compliances

Sl. No.	Regulation No.	Compliance Particular	Compliance Period (Due Date)
1.	Regulation 7 (5)	Intimation of appointment / Change of Share Transfer Agent.	Within 7 days of Agreement with RTA.
2.	Regulation 17(2)	Meeting of Board of Directors	The board of directors shall meet at least 4 times a year, with a maximum time gap of 120 days between any two meetings.
3.	Regulation 18(2)	Meeting of the audit committee	The audit committee shall meet at least 4 times in a year and not more than 120 days shall elapse between two meetings.
4.	Regulation 29	Notice for Board Meeting to consider the prescribed matters.	The Company shall give an advance notice of:a) at least 5 days for Financial Result as per Regulation 29 1 (a)b) in case matters as stated in regulation 29 1 (b) to (f) –2 Working days in advance(Excluding the date of the intimation and date of the meeting) to Stock Exchange.c) 11 working days in case matter related to alteration in i) Securities ;ii) date of interest or redemption of Debenture / bond as per regulation 29(3) (a) ,(b).
5	Regulation 30	Outcome of Board Meeting (Schedule III Part A- (4)	within 30 minutes of the closure of the meeting
6.	Regulation 31	Holding of specified securities and shareholding pattern	Reg. 31(1)(a): 1 day prior to listing of its securities on the stock exchange(s);Reg. 31(1)(c): within 10 days of any capital restructuring of the listed entity resulting in a change exceeding 2 % of the total paid-up share capital.
7	Regulation 39	Issuance of Certificates or Receipts/Letters/Advices for securities and dealing with unclaimed securities	Reg. 39(2): The listed entity shall issue certificates or receipts or advices, as applicable, of subdivision, split, consolidation, renewal, exchanges, endorsements, issuance of duplicates thereof or issuance of new certificates or receipts or advices, as applicable, in cases of loss or old decrepit or worn out certificates or receipts or advices, as applicable within 30 days from the date of such lodgement.Reg. 39(2): The listed entity shall submit information regarding loss of share certificates and issue of the duplicate certificates, to the stock exchange within 2 days of its getting information.
8	Regulation 40	Transfer or transmission or transposition of securities	After due verification of the documents, the Listed Company shall register transfers of its securities in the name of the transferee (s) and issue certificates or receipts or advices, as applicable, of transfers; or issue any valid objection or intimation to the transferee or transferor, as the case may be, within a period of 15 days from the date of such receipt of request for transfer:Transmission  requests are processed for securities held in dematerialized mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents
9	Regulation 43	Declaration of Dividend	The company has to declare and disclose the dividend on per share basis only.
10	Regulation 46	Company Website:.Listed entity shall disseminate the information as stated in Regulation 46 (2)	Shall update any change in the content of its website within2 working days from the date of such change in content.
11	Regulation 50	Intimation to Stock Exchange	Listed Company shall give prior intimation at least 11 working days before the date on and from which the interest on debentures and bonds, and redemption amount of redeemable shares or of debentures and bonds shall be payable.
12	Regulation 57	Other submissions to stock exchange(s).	Listed Company shall submit a certificate to the stock exchange within 2 days of the interest or principal or both becoming due that it has made timely payment of interests or principal obligations or both in respect of the non convertible debt securities
13	Regulation 82	Intimation and filings with stock exchange(s)	Intention to issue new securitized debt instruments either through a public issue or on private placement basis :Reg. 82(2) : Intimation of Meeting at least  2 working days in advance, excluding the date of the intimation and date of the meeting, regarding the meeting of its board of trustees, at which the recommendation or declaration of issue of securitized debt instruments or any other matter affecting the rights or interests of holders of securitized debt instruments is proposed to be considered
14	Regulation 106 J	Period of subscription and issue of allotment letter.	A rights issue shall be open for subscription in India for a period as applicable under the laws of its home country but in no case less than 10 days.
15	Regulation 108	Application for Listing.	The issuer / the issuing company, shall, make an application for listing, within 20 days from the date of allotment, to one or more recognized stock exchange(s) along with the documents specified by stock exchange(s) from time to time.
16	SCHEDULE IIIPART A: DISCLOSURES OF EVENTS OR INFORMATION: SPECIFIED SECURITIES	Events which shall be disclosed without any application of the guidelines for materiality as specified in sub-regulation (4) of regulation (30) ended December 2018)	(7B) In case of resignation of an independent director of the listed entity, within 7 days from the date of resignation, the following disclosures shall be made to the stock exchanges by the listed entities as mentioned in 7B (i), 7B(ii) & 7B(iii)
17.	Regulation 23	Corporate governance requirements with respect to subsidiary of listed entity	The listed entity shall submit within 30 days from the date of publication of its standalone and consolidated financial results for the half year, disclosures of related party transactions on a consolidated basis, in the format specified in the relevant accounting standards for annual results to the stock exchanges and publish the same on its website
18.	Regulation 24A	Secretarial Audit	Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31, 2019.

E. SEBI (Prohibition of Insider Trading) Regulations, 2015

Sl. No.	Regulation No.	Compliance Particular	Compliance Period (Due Date)
1	Regulation 7(2) “Continual Disclosures”	Every promoter, employee and director of every company shall disclose to the company the number of such securities acquired or disposed of within two trading days of such transaction if the value of the securities traded, whether in one transaction or a series of transactions over any calendar quarter, aggregates to a traded value in excess of ten lakh rupees (10,00,000/-) or such other value as may be specified.	Every company shall notify;within two trading daysof receipt of the disclosure or from becoming aware of such information

F. SEBI Takeover Regulations 2011

Sl. No.	Regulation No.	Compliance Particular	Compliance Period (Due Date)
1	Regulation 30(1)	Every person, who together with persons acting in concert with him, holds shares or voting rights entitling him to exercise 25% or more of the voting rights in a target company, shall disclose their aggregate shareholding and voting rights as of the 31st day of  March, in such target company in such form as may be specified.	Disclosures shall be made within seven (7) working days from the end of each financial year to;1) every stock exchange where the shares of the target company are listed; and2) the target company at its registered office.
2	Regulation 30(2)	The promoter of every target company shall together with persons acting in concert with him, disclose their aggregate shareholding and voting rights as of the thirty-first day of March, in such target company in such form as may	Disclosures shall be made within seven (7) working days from the end of each financial year to;1) every stock exchange where the shares of the target company are listed; and2) the target company at its registered office.

G. Compliance Requirement UNDER Companies Act, 2013 and Rules made there under;

Sr no	Due Dates	Compliance Particulars	Forms / Filing mode
1.	Within 180 Days From The Date Of Incorporation Of The Company	As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.	MCA E- Form INC 20A
2.	within 90 days from the date of notification( earlier On or before 8th of May, 2019)	A person having Significant beneficial owner shall file a declaration to the reporting companyi.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019,	Form BEN-1
3.	31.12.2019(Due Date Extended From 30.09.2019 to 31.12.2019)	Filing of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (Within 30 days from deployment of the E –form (earlier the date of receipt of declaration in BEN-1 )(Within 30 days from the date of receipt of declaration in BEN-1)	Form BEN – 2
4.	On or before 15.06.2019	Filing of the particulars of the Company & its registered office.(by every company incorporated on or before the 31.12.2017.)	Active FormINC -22A
5.	14.10.2019	DIN KYC through DIR 3 KYC Form is an Annual Exercise.Last date for filing DIR-3 KYC for Financial year 2018-19 has been extended till 14th October 2019--Last date for filing DIR-3 KYC extended till 14th Oct 2019-No fee payable for DIR-3 KYC filed till 14th Oct 2019	E-Form DIR – 3 KYC
6.	within 60 days from the conclusion of each half year	Reconciliation of Share Capital Audit Report (Half-yearly)Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014Applicable w.e.f. 30.09.2019	E-Form PAS – 6(E-Form, Not yet deployed)
7.	With in 15 days from the date of publication of these rulesOn or before 03.09.2019	IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019Statement of unclaimed or unpaid amounts and details of Nodal OfficerThe details of the Nodal Officer and Deputy Nodal Officer duly indicating his or her designation, postal address, telephone and mobile number and company authorized e-mail ID shall be communicated to the Investor Education and Protection Fund Authority in Form No. IEPF – 2 within fifteen days from the date of publication of these rules and the company shall display the name of Nodal Officer and his e-mail ID on its website:Provided that any change in the Nodal Officer or his details shall be communicated to the Authority through Form No. IEPF-2 within seven days of such change along with board resolution thereof.”	E – Form IEPF-2
8.	On or before 30.11.2019	Annual Return To Be Filed By Auditor With The National Financial Reporting Authority	NFRA-2
9.	On or before 31.10.2019	All companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed 45 days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006)	MSME-1

H.  Due Dates of ROC filings:

Sr. No	Compliance Particulars	Due Dates	E- Forms
1	Appointment of Auditor	With in 15 days from the conclusion of AGM	ADT-1
2	Filing of financial statement and other documents with the ROC	With in 30 days from the conclusion of the AGM, other than OPC(In case of OPC within 180 days from the close of the financial year)	AOC-4
3	Filing of annual return by a company.	With in 60 days from the conclusion of AGM	MGT-7
4	Filing of Cost Audit Report with the Central Government	With in 30 days from the receipt of Cost Audit Report	CRA-4
5	Filing of Resolutions and agreements to the Registrar	With in 30 days from the date of Board Meeting.	MGT-14