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Archive: March, 2017

Posts in March, 2017

Shifting of Registered Office of Company with in State

March 19, 2017 5055 Views 0 comment Print

Every company is governed in accordance with the provisions of the Companies Act, 2013 therefore, it is mandatory for all companies to keep the Registrar of Companies informed about the location of the registered office and changes.

Board Meeting through Video Conferencing under Companies Act 2013

March 19, 2017 117891 Views 2 comments Print

As stated in Section 173(2) of Companies Act, 2013 read with Rule 3 of the Companies (Meetings of Board and its Powers) Rules, 2014, The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means as may be prescribed

Whether keeping Company structure is like maintaining White Elephant?

March 19, 2017 10842 Views 0 comment Print

After commencement of Companies Act, 2013 from 01st April, 2014 compliance requirement of Companies has been increased. Therefore it’s difficult for the Non-working Private Company to continue with Status of Active Company, because maintenance of company is expensive (like to Maintain a White Elephant) under companies Act, 2013 comparison to Companies Act, 1956

Closure of place of business of Foreign Company: Companies Act 2013

March 19, 2017 9486 Views 1 comment Print

Under the relevant provisions of the Companies Act, 2013, provisions of closure of place of business of foreign Company in India is prescribed.

All about Reduction of share capital under Companies Act, 2013

March 19, 2017 18546 Views 0 comment Print

The Reduction of share capital is a delicate matter for both managerially and legally, its need to be handles with caution. Another name of reduction of share capital is internal reconstruction. Process of Reduction of share capital is first summed- up by the Hon’ble Supreme Court in Punjab Distilleries India Ltd. v. CIT, (1965) 35 Com Cases 541, 544

Compounding of Offences when no Specific Penalty prescribed under Companies Act, 2013

March 19, 2017 16257 Views 0 comment Print

Under the relevant provisions of the Companies Act, 2013, offences committed under the Act entail penal consequences by way of fine, or imprisonment or both. . In this editorial, the author begins by referring the provisions of section 441 of the Companies Act, 2013

Foreign Direct Investment in LLP

March 19, 2017 8574 Views 0 comment Print

In this Flash editorial, the auditor begins by referring the powers of RBI for amendment in Regulation, 2000. The main thrust of the article, however, is upon the provisions / regulations of Foreign Direct Investment in Limited Liability Partnership

Section 35F do not bar Pre-Deposit out of CENVAT Credit Account

March 18, 2017 6420 Views 0 comment Print

In view of the above observations, the view taken by the First Appellate Authority, that deposit under Section 35F (i) cannot be made from CENVAT Credit Account, is not the correct appreciation of law so long as the CENVAT Credit is permissible for utilisation as per Rule 3(4) of the CENVAT Credit Rules, 2004. Accordingly, appeal filed by the appellant is allowed by way of remand to the ld.Commissioner(Appeals) to decide the appeal on merits without insisting on any further pre-deposit. All issues are kept open. Appellant be granted adequate opportunity of hearing to present their case. Both sides are at liberty to produce evidences in their favour.

No deduction denial for mere non approval from Prescribed Authority: HC

March 18, 2017 1560 Views 0 comment Print

HC held that that it was inappropriate and illegal on the part of Director General, Income Tax (Exemptions) not to take a decision on Assessee’s application filed for seeking approval as required under Section 80IB(7)(c).

Corporate veil can be lifted if Company is used as a means to evade tax

March 18, 2017 9810 Views 0 comment Print

Hc held that opinion that such a huge tax evasion cannot be so lightly permitted on account of any hyper-technicality. The concept of lift or piercing of corporate veil, as sometimes referred to as cracking the corporate shell, is applied by the Courts sparingly

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