Sunita Gupta Share Brokers Limited v. ACIT (ITAT Delhi)- In ‘Multan Electric Supply Co. Ltd..’ (supra), it has been held, inter alia, that any profit which arises on the forfeiture of shares is neither a revenue receipt, nor profit on the working of the company, but is simply the circulating capital of the company, and as such, a capital asset. Taking note of this, in ‘Asiatic Oxygen Ltd.'(supra), it was observed that Schedule VI – Part I of the Companies Act contains the form in which the balance sheet is to be prepared by the company and it indicate that all capital reserves of the company should be disclosed under the head ”Reserves and Supply” in the liability side of the balance sheet; that the assessee had credited the amount in respect of the forfeited shares under the head ‘capital reserve’; that thus, the Companies Act itself treats the profit on forfeiture of shares as capital reserve not available for distribution as evidence; that it could not therefore be held that the profit arising to the company on forfeiture of shares is a trading or business profit assessable in the hands of the company;
Cost and Works Accountants will now only be known as Cost Accountants, with Parliament approving amendments to the existing legislation earlier today. Also, there will be some brand confusion as the Institute of Cost and Works Accountants of India will now be called the Institute of Cost Accounts of India. As a consequence, the Chartered Accounts Institute and the Cost Accounts Institute will share the same acronym – ICAI.
Rajya Sabha has approved amendments to three separate acts – the Cost Accountants, Chartered Accountants and Company Secretary acts will also enable professionals to form limited liability partnerships and offer multidisciplinary services. Link To download the Acts are as Follows:- COMPANY SECRETARIES (AMENDMENT) BILL, 2011 THE CHARTERED ACCOUNTANTS (AMENDMENT) BILL, 2011 THE COST AND WORKS ACCOUNTANTS (AMENDMENT) BILL, 2011
