Ministry of Finance
Finance Minister
announces several relief measures relating to Statutory and Regulatory
compliance matters across Sectors in view of COVID-19 outbreak
The Union Finance
& Corporate Affairs Minister Smt. Niramla Sitharaman on 24 March 2020
announced several important relief measures taken by the Government of India in
view of COVID-19 outbreak,
especially on statutory and regulatory compliance matters related to several
sectors. While addressing the press conference through video conferencing, Smt.
Sitharaman announced much-needed relief measures in areas of Income Tax, GST,
Customs & Central Excise, Corporate Affairs, Banking Sector and Commerce.
Following are the decisions with respect to
statutory and regulatory compliance matters related to various sectors: —
Direct Tax Department-(Income Tax)
1. Extend last date for income tax returns
for (FY 18-19) from 31st March,
2020 to 30th June,
2020.
2.
Aadhaar-PAN linking date to be extended from 31st March,
2020 to 30th June,
2020
3. Vivad se
Vishwas scheme – No
additional 10% amount, if payment made by June 30, 2020.
4.
Due dates for issue of notice, intimation, notification, approval order,
sanction order, filing of appeal, furnishing of return, statements,
applications, reports, any other documents and time limit for completion of
proceedings by the authority and any compliance by the taxpayer including
investment in saving instruments or investments for roll over benefit of
capital gains under Income Tax Act, Wealth Tax Act, Prohibition of Benami
Property Transaction Act, Black Money Act, STT law, CTT Law, Equalization Levy
law, Vivad Se Vishwas law where the time limit is expiring between 20th March 2020 to 29th June
2020 shall be extended to 30th June 2020.
5.
For delayed payments of advanced tax, self-assessment tax, regular tax, TDS,
TCS, equalization levy, STT, CTT made between 20th March 2020 and 30th June 2020, reduced interest rate at 9% instead of 12 %/18
% per annum ( i.e. 0.75% per month instead of 1/1.5 percent per month) will be
charged for this period. No late fee/penalty shall be charged for delay
relating to this period.
Indirect Tax Department- (GST
& other)
1.
Last date for filing GSTR-3B in March, April and May 2020 will be extended till
the last week of 30th June,
2020 for those having aggregate annual turnover less than Rs. 5 Crore. No
interest, late fee, and penalty to be charged.
2.
For any delayed payment made between 20th March 2020 and 30th June 2020 reduced rate of interest @9 % per annum (current
interest rate is 18 % per annum) will be charged. No late fee and penalty to be
charged, if complied before till 30th June
2020.
3. Date for opting for composition scheme
is extended till the last week of June, 2020. Further, the last date for making
payments for the quarter ending 31st March,
2020 and filing of return for 2019-20 by the composition dealers will be
extended till the last week of June, 2020.
4.
Date for filing GST annual returns of FY 18-19, which is due on 31st March, 2020 is extended till the last week of June 2020.
5.
Due date for issue of notice, notification, approval order, sanction order,
filing of appeal, furnishing of return, statements, applications, reports, any
other documents, time limit for any compliance under the GST laws where the
time limit is expiring between 20th March
2020 to 29th June 2020 shall be extended to 30th June 2020.
6.
Payment date under Sabka Vishwas Scheme shall
be extended to 30th June,
2020. No interest for this period shall be charged if paid by 30th June, 2020.
Customs
7.
24X7 Custom clearance till end of 30th June,
2020
8.
Due date for issue of notice, notification, approval order, sanction order,
filing of appeal, furnishing applications, reports, any other documents etc.,
time limit for any compliance under the Customs Act and other allied Laws where
the time limit is expiring between 20th March
2020 to 29th June 2020 shall be extended to 30th June.
Financial Services
·
Relaxations for 3 months
-
Debit cardholders to withdraw cash for free from any other
banks’ ATM for 3 months,
-
Waiver of minimum balance fee,
-
Reduced bank charges for digital trade transactions for all
trade finance consumers.
Corporate Affairs
1.
No additional fees shall be charged for late filing during a moratorium period
from 01st April to 30th September 2020, in respect of any document, return,
statement etc., required to be filed in the MCA-21 Registry, irrespective of
its due date, which will not only reduce the compliance burden, including
financial burden of companies/ LLPs at large, but also enable long-standing
non-compliant companies/ LLPs to make a ‘fresh start’͖
2.
The mandatory requirement of holding meetings of the Board of the companies
within prescribed interval provided in the Companies Act (120 days), 2013,
shall be extended by a period of 60 days till next two quarters i.e., till 30th
September;
3.
Applicability of Companies (Auditor’s Report) Order, 2020 shall be made applicable
from the financial year 2020-2021 instead of from 2019-2020 notified earlier.
This will significantly ease the burden on companies & their auditors for
the year 2019-20.
4.
As per Schedule 4 to the Companies Act, 2013, Independent Directors are required
to hold at least one meeting without the attendance of Non-independent
directors and members of For the year 2019-20, if the IDs of a company have not
been able to hold even one meeting, the same shall not be viewed as a
violation.
5.
Newly incorporated companies are required to file a declaration for
Commencement of Business within 6 months of incorporation. An additional time
of 6 more months shall be allowed.
6.
Non-compliance of minimum residency in India for a period of at least 182 days
by at least one director of every company, under Section 149 of the Companies
Act, shall not be treated as a default violation.
7. Spending
of CSR funds for COVID- 19 is eligible CSR Activity. Funds may be spent for various
activities related to COVID- 19 related to health care including preventive
health care and sanitation, and, disaster management.
Reserve Bank of India (RBI) on March 27, 2020 announced a
Regulatory Package on COVID-19 to tackle the impact of deadly Corona virus on
Indian Economy. RBI Governor Shaktikanta Das announced several measures while
addressing the media after the release of Seventh Bi-monthly Monetary Policy
Statement 2019-20. RBI’s Regulatory Package is addressed to all the
commercial banks, co-operative banks, financial institutions and Non-Banking
Finance Companies (NBFCs) in the wake of COVID-19 outbreak. The financial
package aims to mitigate the impact of Coronavirus on debt markets, infuse
liquidity and ensure the functioning of possible businesses.
Key announcements made by Reserve Bank of India on March-27,2020
:-
Indicator
|
Current Rate
|
Existing Rate
|
Impact
|
CRR
|
3%
|
4%
|
Higher the CRR, lower the amount of money banks can lend out
or invest. So, when the CRR is higher, lower would be the liquidity and vice
versa. It is not necessary that a hike in the CRR would lead to a hike in
home loan interest rate. But, as a reduce in rate in the CRR increase the
supply of credit, when the RBI reduce the CRR, banks would reduce home loan
interest rates if the demand for credit does not fall proportionately.
|
SLR
|
18.50%
|
19.50%
|
When the SLR is high, banks have less money for commercial
operations and hence less money to lend out. When this happens, home loan
interest rates often rise. When the SLR is low, similarly, home loan interest
rates are likely to fall
|
Repo Rate
|
4.40%
|
5.15%
|
·
Increase in funds
for loans,
·
Reduce in Loan EMI
|
Reverse Repo Rate
|
4%
|
4.90%
|
The purpose of this measure, relating to
reverse repo is to make it relatively unattractive for the banks to passively
deposit the funds with the RBI and instead to use these funds to lending to
the productive sectors of the economy.
|
Let’s have a look at the measures
announced by the RBI:
1) 3-Months Moratorium on
Term Loans
All the
lending institutions including commercial banks, RRBs, co-operative banks,
NBFCs and Financial Institutions have been asked to grant 3-months moratorium
on the payment of installments under all term loans outstanding as on March 1,
2020.
What does it imply? – Now, the
installments of term loans which were due on March 1, 2020 can be paid until
May 31, 2020. The extension of payment is valid on installment as well as
interest. The Interest will continue to add on the outstanding amount during
the moratorium period.
2) Type
of Payments covered under Moratorium: Principal ,
Interest, EMIs and Credit Card dues
3) Which loans are
included under Term Loans?- Retail Loans, Agricultural Term And
Crop Loans
Note: Retail Loans cover home loans,
auto loans, personal loans, education loans and EMIs on purchase of mobiles,
fridge, TV and gadgets, etc.
4) Deferment
of interest payments for Business loans
The
central bank has deferred the payment of interest for all business loans or
working capital loans outstanding as on March 1, 2020 up to May 31, 2020.
Businesses will be required to pay off the entire accumulated interest after
the expiry of moratorium or deferment period.
5) Working
Capital facilities: Loans granted in the form of cash credit or
overdraft
Easing
of Working Capital funding through recalculation of Drawing Power
Borrowers
facing stress on repayment of working capital loans granted in the form of cash
credit and overdraft due to Coronavirus outbreak will now be allowed to
recalculate their drawing power. The drawing power can be reassessed by
reducing the profit margins or working capital cycle. This relief will be
granted until May 31, 2020.
Businesses
which will be granted relief under this package will be placed under
supervisory review to ensure that the economic fallout is due to the COVID-19
pandemic.
6) Moratorium
& Recalculation of Drawing Power will not result in Asset Classification
downgrade
As the
central bank is granting the moratorium or deferment or recalculation of
drawing power facility due to economic slowdown cased by COVID-19 pandemic,
this would not lead to reclassification of asset or asset classification
downgrade. As this relief will not be considered as a concession or change in
terms of loan agreements.
7) Asset
Classification as NPA & SMA
The asset
classification as Non-Performing Asset (NPA) and Special Mention Account (SMA)
of term loans granted moratorium will be done on the basis of revised payment
schedule of installments. On the other hand, the asset classification of
working capital loans will be carried out on the basis of total accumulated
interest.
8) Reschedule of loan
repayment to not impact credit score
The
revised schedule of payment of installments and interest will not be considered
as a default. This will not adversely impact the credit score or history of
the borrowers.
Now, Have a look at these questions and
answers to clarify your doubts related to the relief granted under the package:
Q1. When will RBI’s COVID-19 regulatory
package come into effect?
Answer: RBI’S rescue package
to contain the economic slowdown caused by COVID-19 comes into effect from
March 27, 2020 itself.
Q2. Who all will be able to enjoy moratorium
under the RBI’s regulatory package?
Answer: Home loan borrowers,
car loan borrowers, personal loan borrowers, education loan borrowers,
agricultural loan borrowers, crop loan borrowers
Q3. Does Moratorium apply to EMIs and Credit
Card dues?
Answer: Yes, the 3-month
moratorium applies to Equated Monthly Installments (EMIs) and Credit Card dues.
Q4. Is the RBI’s regulatory package
applicable to all private and public sector banks?
Answer: Yes, the package
applies to all the commercial banks including the private and public sector
banks. However, each bank has to frame its own policy in regard with the
package.
Employees' Provident
Fund (EPF)
FM:
Govt of India will pay the Employees' Provident Fund (EPF) contribution, both
of employer and employee, put together it will be 24%, this will be for next 3
months. This is for those establishments which have up to 100 employees and 90%
of them earn less that 15,000
.
Govt
ready to amend the regulation of EPF due to this pandemic so that workers can
draw upto 75% non-refundable advance from credit in PF account or 3 months
salary, whichever is lower.