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Archive: November, 2009

Posts in November, 2009

Corporate Affairs Ministry may soon introduce the concept of ‘knowledge test’ for directors

November 4, 2009 702 Views 0 comment Print

The Corporate Affairs Ministry wants to introduce a new concept called the ‘knowledge test’ to find out if directors had previous knowledge of a company’s wrongful acts. As a first step, it would be ensured that the board processes are totally transparent. If it is found that the board papers had a mention of any wrongful act, and a director to whom the papers were circulated did not get his objections recorded in the minutes of the meeting, then he would be deemed to have colluded to commit that wrongful act.

MCA’s new mantra: Be a facilitator in corporate growth instead of just another regulator

November 4, 2009 573 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) wants to shed its stern regulatory image and acquire a gentler, corporate-friendly reputation. The new mantra is to be a facilitator in corporate growth instead of just another regulator. The mantra is now being translated into action. For example, to cut out subjectivity in decisions, MCA has decided that field officers will not conduct any scrutiny of company balance sheets or send notices based on personal judgments or external tips.

ICAI and audit firms against the power given to public sector banks to choose there own statutory auditor

November 4, 2009 774 Views 0 comment Print

The extra freedom given to the 26 public sector banks from this year to choose their statutory auditors has auditing companies — both those chosen and those left out — restive. They have approached the Union finance ministry and the Prime Minister’s Office to say that the decision will affect the quality of audits.

Profit may be the key condition for levying MAT in the final draft of the DTC

November 4, 2009 463 Views 0 comment Print

The government may retain profit as the key condition for levying minimum alternate tax (MAT) in the final draft of the direct taxes code after its asset-based approach proposed earlier ran into a storm of protests from industry. Other options being considered by the government include tax exemptions for asset-heavy infrastructure companies and start-ups, and a lower rate for MAT, a senior government official told.

Corruption in settling drawback claims: CVC asks CBEC to provide officers detailed checklists

November 3, 2009 932 Views 0 comment Print

On the action front, the CVC report reveals that on the basis of its recommendations, various competent authorities imposed major penalty in 47 cases in September, and 14 of them belong to the Railways. Merely one officer from CBDT figures in this list. However, since the past catches up with the present, the CBEC has granted sanctions for prosecution against 18 officers last month.

Formation & Taxation of Charitable Trust

November 3, 2009 61394 Views 25 comments Print

A public charitable or religious institution can be formed either as a Trust or as a Society or as a Company registered u/s 25 of the Companies Act. It generally takes the form of a trust when it is formed primarily by one or more persons. To form a Society at least seven persons are required. Institutions engaged in promotion of art, culture, commerce etc. are often registered as non-profit companies.

Verification Status of Examination papers of Professional Competency Examination (PCE) held in June 2009

November 3, 2009 468 Views 0 comment Print

# Roll Numbers of candidates where no change in marks found click Here All these candidates are being intimated by post. # Roll Numbers of candidates where change in marks found but there is no change in result or exemption in applied papers found click Here Revised Mark Sheet is being sent. # Candidates whose Roll No is not appearing in 1 and 2 above are under process.

Funds raised through initial public offers (IPO) will be under scanner for end-use

November 3, 2009 948 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) has decided to conduct a quarterly scrutiny of the end-use of funds raised through initial public offers (IPO). To this end, the ministry has directed all Registrar of Companies (RoC) to coordinate with the stock exchanges to access the quarterly balance sheets of all companies that have come out with IPOs in the recent past.

Banks and housing finance companies under scanner for imposing penalty on pre-payment of loans

November 3, 2009 633 Views 0 comment Print

Several banks and housing finance companies have come under the scanner of the competition watchdog for imposing penalty on pre-payment of loans. The Competition Commission of India, according to a CCI official, is scrutinising a complaint concerning pre-payment penalty from a customer against major home loan players like HDFC, LIC Housing Finance and Deutsche Postbank.

No LTA for government staff using personal car or taxi as mode of transport

November 3, 2009 1339 Views 0 comment Print

The government will not sanction leave travel allowance for an employee who uses personal car or taxi as mode of transport.However, the rule shall not be applicable to employees with a handicap or disability of self or dependent family member. According to a government notification, the employees can avail the LTA only if they travel by Indian Railways or Air Indiaand state transport corporation buses.

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