Post on 08-Feb-2017
Indian
company /
subsidiary
of a
foreign
company
Liaison
Office
(LO)
Branch
Office
(BO)
Project
Office
(PO)
Penalty as per Income-tax law for failure to
maintain proper accounts: Rs.25000
Penalty as per Companies lawfor failure to hold
timely annual general meeting due to non-
finalization of accounts or non-completion of audit:
Upto Rs.50000 one-time plus Rs.2500 per day for
the period of default
Reporting of income earned during 2014-15, preparation and
filing of income-tax return with tax authorities. Where the
annual gross receipts / turnover exceeds certain monetary
limit (Rs.25 lakh in case of profession, or Rs.100 lakh in case
of business), a tax audit report is required to be obtained
separately from India Chartered Accountant firm
Concealment of income or furnishing inaccurate
particulars of income: Upto 3 times of tax sought to
be evaded
a) Where transfer pricing laws are applicable30 Nov
2015√ √ √
Failure to get accounts audited: 0.5% of turnover or
Rs.150000 whichever is less
b) Where transfer pricing laws are NOT applicable30 Sep
2015√ √ √
Failure to furnish return of income before 31 Mar
2016: Rs.5000
Annual reporting in Form
49C (for LO only)
LO is required to report its annual activities for 2014-15 in
Form 49C with the India tax authorities. The purpose of form
49C is akin to income-tax return in case of BO / company
30 May
2015√
Requirement of form 49C has come into existence
since last 4 years only. As such, no specific penal
consequence notified in law as of now for failure to
funish form 49C
A taxpayer is required to maintain specified documentation in
support of the proposition that prices charged in international
transactions / specified domestic transactions with associated
Compliance
√
Corporate Year-end Compliance Calendar for India Financial Year 2014-15
Corporate tax return / Tax
audit
Applicable for
Due datePotential penal consequences in case of
non-complianceDetails
Finalization of accounts
and completion of audit
The India accounts for 2014-15 are required to be finalized by
the company. Thereafter the same has to be audited, wherein
the statutory auditor reports by expressing an opinion on
whether the annual financial statements comply with the
accounting standards issued by the Institute of Chartered
Accountants of India (‘ICAI’)
30 Sep
2015√ √ √
transactions / specified domestic transactions with associated
enterprises are at arm’s length.
a) Furnishing of Chartered Accountant’s report in form 3CEB
to report international transactions / specified domestic
transactions with associated enterprises
30 Nov
2015√ √ √ √ Failure to furnish form 3CEB: Rs.100000
b) Obtain detailed transfer pricing report (legally applicable
only where value of transactions with associated enterprises
exceeds certain limit. However, in practice depending on
transactions undertaken during the year, may be required
even if the value of transactions is below the said limit, to
document the manner of arriving at arm’s length price)
30 Nov
2015√ √ √ √
Failure to maintain documents, report a transaction,
or furnishing incorrect information: 2% of the
transaction value
RBI Return (where a
company has foreign
investment)
Filing of annual statement of assets and liabilities for FY 2014-
15 with RBI. If the company's accounts are not audited by 15
July, the statement should be filed based on unaudited
results. In case there are revisions due to audit later, the
revised statement based on audited accounts is required to be
filed by end of Sep 2015.
15 Jul 2015 √
Annual Activity Certificate
(for LO / BO / PO)
LO / BO / PO has to obtain an Annual Activity
Certificate (‘AAC’) from the Auditor to certify that its activities
during the year were in accordance with the
terms and conditions of RBI. The AAC so obtained (along with
audited financials) has to be filed with statutory authorities
(RBI / Income-tax office / Director-General of Police)
30 Sep
2015√ √ √
Police Report (for LO / BO /
PO)
Certain information regarding the India BO / LO / PO and its
activities during the year has to be reported in a prescribed
format with RBI and Director-General of Police
30 Sep
2015√ √ √
Form FC-3 : LO / BO / PO has to file Form FC-3 with the
Registrar of Companies to report its annual accounts,
consolidated financials of parent company, & list of places of
business in India for 2014-15
30 Sep
2015√ √ √
Rs.100000 to Rs.300000 one-time plus Rs.50000
per day for the period of default
Filing of Form AOC-4 with Registrar of Companies (annual
report including balance sheet and profit and loss statement)
Within 30
days of
Annual
General
Meeting
√Rs.1000 per day for the period of default upto a
maximum of Rs.1000000
Filing of Form MGT-7 with Registrar of Companies (annual
return)
Within 60
days of
Annual
General
Meeting
√ Rs.50000 to Rs.500000 one-time
Notes:
Penalty for violation of RBI regulations / foreign
exchange management act: Upto Rs.200000 one-
time plus Rs.5000 per day for the period of default
iii. The calendar provides information of general nature and is not meant to be a substitute for professional advice in any manner.
ii. Due dates mentioned in the calendar are based on existing provisions of law. The fiscal year ending date for FY 2014-15 has been assumed as 31 March 2015
Companies law
i. The calendar captures only key annual compliance dates of audit, tax and regulatory requirements and does not include any situation / activity-based specific date.
Transfer Pricing
(transactions with
associated enterprises)