Learned counsel for the appellant submits that even if the duty has been paid in excess of the amount finally held to be payable, unless the excess duty paid has been refunded, the assessee could claim cenvat credit as the department could not get the duty twice.
After removing requirement of approaching Central Government for Managerial Remuneration by Public Companies which are not subsidiaries of Listed Company, MCA has further simplified the requirements of Schedule XIII. MCA has allowed the subsidiaries of Listed Companies to fix managerial remuneration subject to following conditions and has dispensed with requirements of Central Government approval: The Remuneration Committee and Board of Directors of Holding Company approve the remuneration and the said remuneration is considered as remuneration paid under Section 198 by the Holding Company;
The merger of Mahindra Satyam and Tech Mahindra may get delayed on account of legal and procedural issues, a company official said today. ‘Integration involves some legal process. We have to approach the High Courts of Andhra Pradesh and Maharashtra for approvals and there can be delays. We are still looking at April-May of next year’, Mahindra Satyam Chairman Vineet Nayyar said after announcing the financial results.
The Institute is organizing a Campus Placement for the fresher members for job and for students for 15 Months Training on Wednesday, the 25th May, 2011 at Gurgaon Chapter , 1st Floor, Deen bandhu Sir Chhoturam Bhavan, Sector -32, Gurgaon -122002
Income Tax department on 22.05.2011 releases official Free Online Income Tax Return Preparation / Filing Software- ITR-5 (Applicable to partnership Firms and Limited Liability partnership) and ITR 6 (Applicable to Companies). These ITR are related to Income tax Return Filing for Assessment year 2011-12 / Financial Year 2010-11. Income Tax Department has already released software in respect of ITR -1, ITR-2 , ITR-3 , ITR 4 and ITR 4S.
CIRCULAR NO. DBOD. NO.BC.NO. 95/29.39.001/2010-11, DATED 23-5-2011 It has been decided to partially modify the format of ‘Declaration and Undertaking’ prescribed for the purpose of conducting due diligence to determine the ‘fit and proper’ status of directors, incorporating an explanatory note against Column (IV)(g) of the said format which is given in Annex 1. Henceforth, banks should use the revised format for obtaining declaration and undertaking from existing directors as well as the person to be appointed/elected as director.
General Circular No. 30A/2011 Under section 226 (3) (a) of the Companies Act, 1956 (Act) a ‘body corporate’ is disqualified from being appointed as an auditor of a company, which means that LLP of Chartered Accountants is thereby disqualified from being appointed as auditors. To remove this anomaly, MCA has issued Notification No. S.O.1152(E) dated 23 May 2011 along with Circular No. 30A dated 26 May 2011 wherein LLP has not been recognized as ‘Body Corporate’ for the purpose of appointment as ‘Auditor’ under Section 226 of the Act. Accordingly, an LLP of Chartered Accountants will be eligible to be appointed as auditor of a company.
Central Government specifies LLP as a body corporate for the limited purpose of section 226 (3) (a) which deals with appointment of auditors vide notification dated 23.05.2011.The notification given clarifies that LLP will not be treated as body corporate for the purpose of f section 226(3)(a) of the Companies Act 1956 which is related to appointment of statutory auditor and put restriction on appointment of body Corporate as statutory auditor. The circular paves the way for appointment of LLP as statutory auditor of the company. It is to be noted that MCA has already allowed the CA/CS/CWA to practice under LLP in partnership with other fellow members of same institute and in case of CS, also with members of such recognized profession as may be prescribed.
Circular 30/2011 Sections 108A to 1081 of the Companies Act, 1956 were inserted in the Companies Act, 1956 through Monopolies and Restrictive Trade Practices (Amendment) Act, 1991. Section 108G (applicability of sections 108A to 108F) and Section 108H (construction of certain expressions used in sections 108A to 108G) of Companies Act, 1956 refer to applicability of provisions of sections 108A to 108F in reference to various requirements under the MRTP Act, 1969.
US market regulator SEC has asked IT major Wipro to prove independence of its auditor KPMG India, failing which the company may have to appoint new auditors or get its business books audited again. “We have received a voluntary document request from the SEC’s Division of Enforcement. The document request includes, among other things, issues relating to auditor independence,” Wipro said in a regulatory filing with the SEC.
