"13 May 2014" Archive

How different class of people see Companies Act, 2013

In last few days while studying the Companies Act, 2013, I realized that the act can be read by different people in different manner. They interpret differently and look for different things from the same act. Why can’t we see the same things with different angles. What are the different points of view by which […]...

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Posted Under: Company Law |

Postal ballot & e-voting cannot dispense general meeting – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court)

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all. ...

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New Companies Rules not binding till Publication in official gazette – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court)

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014....

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All you want to know about Director Identification Number (DIN)

1. What is Director Identification Number (DIN)? It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 153 & 154 of the Companies Act, 2013 2. Who can file an application for allotment of […]...

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Posted Under: Company Law |

How to apply Director Identification Number (DIN) with New Forms

The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified....

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Posted Under: Company Law |

FAQs on eFiling Under Companies Act,2013

1. What are the steps for online e-filing? 1. When the business or the registered users access the MyMCA portal, they enter their username and authentication details – Password/ Digital Certificate. 2. The user will be shown a list of eForms category-wise under eForms tab . 3. At any time, the users can read the […]...

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CENVAT Credit wrongly taken or utilized –Controversy

No Interest if wrong credit reversed on its own –In Emmellen Biotech v. CCE 2004 (163) ELT 172 (CEGAT), it was held that if Cenvat credit wrongly taken is reversed before issue of show cause notice, interest is not payable- quoted and followed in Hari Krishna Steel Corporation v. CCE 2006 (194) ELT 63 (CESTAT) – same view in Page App...

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Posted Under: Company Law |

Voting Rights when there are Shares with Differential Voting Rights

There are a few subtle changes in the Companies Act, which bring about challenges in voting rights for different classes of shares and still be able to meet the requirement of balance of equity : preference in total voting rights. Earlier to the Companies Act 2013 (Act), private companies could determine voting rights of equity(including ...

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Posted Under: Company Law |

All about Related Party Transactions under Companies Act, 2013

Every company enters into related party transactions and every company has to comply with disclosure norms and provisions of the law. Basic purpose of regulations of related party provisions in the Company’s Act, 2013 (hereinafter referred to as `the Act’) is that no company or its directors should take undue benefit of relationship f...

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Forensic Accounting: A Career Path

Forensic Accounting has existed for many years.  Also known as “Investigative Accounting”, forensic accounting is a detailed examination and analysis of financial documents and records for use as evidence in a court of law. Forensic Accounting represents an area of finance that combines detective skills and financial activities. The...

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Posted Under: Company Law |