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The Ministry of Corporate Affairs (MCA) came out with a General Circular No. 14/2021 dated 25-08-2021 with a view to clarify the doubts regarding Corporate Social Responsibility (CSR) provisions under the Companies Act, 2013.

The Ministry of Corporate Affairs (MCA) came out with a General Circular No. 14/2021 dated 25-08-2021 with a view to clarify the doubts regarding Corporate Social Responsibility (CSR) provisions under the Companies Act, 2013.

Some of the questions for your reference are answered in the attached FAQs :

1)     Which companies qualify for CSR under the Companies Act, 2013?

2)     Whether a holding or subsidiary of a company fulfilling the criteria under section 135(1) has to comply with the provisions of section 135, even if the holding or subsidiary itself does not fulfil the criteria?

3)     Whether provisions of CSR are applicable to a section 8 Company?

4)     Whether CSR provisions apply to a company that has not completed the period of three financial years since its incorporation?

5)     What are the functions of the CSR Committee?

6)     What are the mechanisms for monitoring the CSR process?

7)     How is average net profit calculated for the purpose of section 135 of the Act? Whether ‘profit before tax’ or ‘profit after tax’ is used for such computation?

8)     What is the meaning of the term ‘administrative overheads? What is the maximum permissible limit for administrative overheads?

9)     Whether expenses related to transfer of capital asset as provided under rule 7(4) of Companies (CSR Policy) Rules, 2014, will qualify as admissible CSR expenditure?

10)  What tax benefits can be availed under CSR?

11)  Which activities do not qualify as eligible CSR activity?

12)  What are the different modes of implementation of CSR activities?

13)  What is the meaning of ‘ongoing project’? Which projects can be considered as ongoing?

14)  What actions need to be taken if a company spends less than the amount required to be spent under CSR obligation in a particular year?

15)  What are the penal provisions for noncompliance with the provisions regarding transfer of unspent amount?

16)  Whether reporting of CSR is mandatory in Board’s Report?

Click on the following link to access the FAQs on CSR

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