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Unanswered questions under CODS 2018 introduced by MCA( Ministry of Corporate affairs) Introduction of CODS 2018 would certainly provide relief to the disqualified Directors however there are still some unanswered questions like: Whether last date of filing e-form CODS – 2018 will also be March 31, 2018? (There is no clarity in circular in this regard.) How disqualification of Directors can be removed for Directors of a Defaulting Company that has been strike off and which is not carrying on any business since past many years or its restoration application is rejected by NCLT? Whether non Defaulting Companies having disqualified directors shall be allowed to file any documents once their DIN are temporarily activated w.e.f. 01.01.2018? Clarification may be required from MCA That CODS 2018 is pursuant to provisions of section 460 (b) of the Act and hence the Director who is disqualified at present pursuant to the provision of Section 164 (2) of the Act and he has been either re-appointed in the Company or appointed in any other company, and he is aware that he has already vacated his position as per Section 167 (1)(a) of the Act but continue to act as a director, whether he shall be punishable for violation of section 167 (2) of the Act? – The obvious answer should be Not liable , however MCA can clarify the same specifically would clear all doubts of the concerned Directors and Auditors.
Whether the ITAT has committed an error of law in upholding the dis allowance of Rs. 3,08,79,171 in respect of Sales Tax Recoverable account, under Section 43B of the Income Tax Act?
SEBI has amended SEBI Circular No. CFD/DIL3/CIR/2017/21 dated March 10, 2017 which had laid down the framework for Schemes of Arrangement by Listed Entities and relaxation under Rule 19 (7) of the Securities Contracts (Regulation) Rules, 1957 vide Circular No.: CFD/DIL3/CIR/2018/2 dated January 03, 2018 Following are the amendments made by SEBI on January 03, […]
Employee Stock Option Plan (ESOP) – Companies Act, 2013 for un-listed Companies 1. Objective of issuing ESOP :- The objective of issuing ESOP is to: A. Provide incentive to retain and reward employees of the company based on their contribution. B. Motivate employees to contribute to the growth and profitability of the company in future […]
. The provisions of section 271(1)(c) are not attracted in cases where income of the assessee is assessed on an estimate basis and addition is made on that basis. Even if the assessee is not able to substantiate the explanation, but his explanation is not lacking bona fide, and, therefore, we are of the view that it is not a fit where vigour of provisions of section 27 1(1) is attracted.
The Kolkata bench of Income Tax Appellate Tribunal, in its recent order said that Investment in Jewellery cannot be treated as Unexplained when it is reflected in the books & the source of Fund is evidenced through Bank A/c.
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT), in Vinod Agarwal vs Pr.C.I.T.Central, has explained the law on income tax exemption for partners’ share of profit in the income of the firm in detail.
The present appeals raise two important questions which arise under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code). The first question is whether, in relation to an operational debt
1. Dividend shall be paid out of the profits of the financial year for which such Dividend is sought to be declared and/or out of profits for any previous financial year(s) which remains undistributed after providing for depreciation in accordance with the provisions of the Act. Dividend may also be declared out of money provided […]
CBEC amended Composition Rates for Manufacturers & easing norms for Traders — Manufacturers who have opted for composition scheme will now have to pay 1 per cent Goods and Services Tax (GST) as against 2 per cent earlier. -Traders opting for composition scheme would now have to pay the tax at 1 per cent on their turnover of taxable supplies. So far, they were paying GST on total turnover.
