Companies Act

Offsetting of excess Contribution of CSR funds to PM CARES in FY 2019-20  

 
Offsetting of excess Contribution of CSR funds to PM CARES made in FY 2019-20 against the requirement of CSR spending in FY 2020-21 
 
Ministry of Corporate Affairs (MCA) has issued a clarification on offsetting the excess CSR spent for FY 2019-20
 

Offsetting of excess Contribution of CSR funds to PM CARES in FY 2019-20 

 
In view the spread of COVID-19 in India, an appeal was made in 2020 to the MDs/CEOs of top 1000 companies in terms of market capitalization, to contribute generously to “Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund” (PM CARES Fund).
 
In the said appeal, it was mentioned that the said contribution may include the unspent CSR amount, if any, and an amount over and above the minimum prescribed CSR amount for FY 2019-20, which can later be offset against the CSR obligation arising in subsequent financial years.
 
Many companies who have contributed CSR funds to the ‘PM CARES Fund’ over and above their prescribed CSR amount for FY 2019-20 had represented to the MCA for setting off the excess CSR amount spent by the companies in FY 2019-20 by way of contribution to ‘PM CARES Fund’ against the mandatory CSR obligation for FY 2020-21.
 
The MCA has examined the representation and issued a circular clarifying that where a company has contributed any amount to ‘PM CARES Fund’ on 31.03.2020, which is over and above the minimum amount as prescribed under section 135(5) of the Companies Act, 2013 (“Act”) for FY 2019-20, and such excess amount or part thereof is offset against the requirement to spend under section 135(5) for FY 2020-21 in terms of the aforementioned appeal, then the same shall not be viewed as a violation subject to the following conditions:
 
(i) that the amount offset as such shall have factored the unspent CSR amount for previous financial years, if any;
 
(ii) the Chief Financial Officer (CFO) shall certify that the contribution to “PM-CARES Fund” was indeed made on 31st March 2020 in pursuance of the appeal and the same shall also be so certified by the statutory auditor of the company; and
 
(iii) the details of such contribution shall be disclosed separately in the Annual Report on CSR as well as in the Board’s Report for FY 2020-21 in terms of section 134 (3) (o) of the Act.

Download Circular Click Here >>

Share

Recent Posts

  • Insurance

Liability under MV Act can’t be decided on the grounds of sympathy alone – Supreme Court

Liability under the Motor Vehicles Act can’t be decided on the grounds of sympathy alone but must be established by…

5 hours ago
  • ICAI

ICAI notifies dates of CA Foundation, Intermediate & Final Exams May 2026

ICAI notifies Dates of CA Foundation, Intermediate and Final Exams May 2026 The Institute of Chartered Accountants of India has…

6 hours ago
  • Income Tax

Interest u/s 234A can’t be levied on self-assessment tax paid before due date of filing ITR

Interest under section 234A cannot be levied on self-assessment tax paid before the due date of filing of return of…

9 hours ago
  • SEBI

SEBI defers timeline for implementation of Phase III of Nomination

SEBI defers timeline for implementation of Phase III of Nomination SEBI had issued a circular on “Revise and Revamp Nomination…

1 day ago
  • RBI

RBI revises directions on opening & Maintenance of CC, CA & OD by Banks

RBI revises directions on opening & Maintenance of Cash Credit accounts, Current Accounts and Overdraft Accounts by all Banks Reserve…

1 day ago
  • Income Tax

RP can not claim income tax refund for period prior to approval of resolution plan

Resolution Professional can’t claim income tax refund for a period prior to approval of the resolution plan In a recent…

1 day ago