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Archive: May, 2014

Posts in May, 2014

Dept. tendency of not accepting adverse verdict on facts resulting in frivolous Appeals – HC

May 14, 2014 1052 Views 0 comment Print

The tendency not to accept any adverse verdict on facts results in frivolous Appeals being filed in this Court. That causes huge loss to the public ex­chequer and results in wastage of precious judicial time of this Court.

No Penalty for concealment under normal provisions if book profits U/s. 115JB assessed

May 14, 2014 3885 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is legally justified in cancelling the penalty levied under Section 271(1)(c) inspite of the fact that the assessee did not furnish any explanation either before the Assessing officer

How different class of people see Companies Act, 2013

May 13, 2014 2482 Views 0 comment Print

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 […]

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

May 13, 2014 6063 Views 0 comment Print

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.

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

May 13, 2014 7541 Views 0 comment Print

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.

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

May 13, 2014 10206 Views 0 comment Print

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 […]

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

May 13, 2014 9514 Views 0 comment Print

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.

FAQs on eFiling Under Companies Act,2013

May 13, 2014 24137 Views 1 comment Print

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 […]

CENVAT Credit wrongly taken or utilized –Controversy

May 13, 2014 17927 Views 0 comment Print

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 Apparels v. CCE 2007 (208) ELT 108 (CESTAT) [Really doubtful since interest is compensation only].

Voting Rights when there are Shares with Differential Voting Rights

May 13, 2014 5459 Views 0 comment Print

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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