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MCA issues Circular on Applicability of PAN requirement for Foreign Nationals as Director of Company at the time of Incorporation

June 10, 2014 6663 Views 2 comments Print

As per this circular, PAN is compulsory for a Foreign National who is a subscriber / promoter at the time of incorporation of the company. However, if the Foreign National does not possess a PAN, then he / she is required to furnish a declaration / undertaking in prescribed format as an attachment to Form INC – 7 at the time of incorporation of the company.

Clarification regarding maintaining register in new format-Section 186(9)

June 9, 2014 3366 Views 0 comment Print

In this connection, it is hereby clarified that registers maintained by companies pursuant to sub-section (5) of Section 372A of Companies Act, 1956 may continue as per requirements under these provisions and the new format prescribed vide Form MBP2 shall be used for particulars entered in such registers on and from 1.4.2014.

Notification No. 25/2014-Customs (ADD) Dated: 09.06.2014

June 9, 2014 18013 Views 0 comment Print

The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

One Documentary Proof of Address – RBI further simplifies KYC Norms for Bank Accounts

June 9, 2014 1562 Views 0 comment Print

Henceforth, customers may submit only one documentary proof of address (either current or permanent) while opening a bank account or while undergoing periodic updation. In case the address mentioned as per ‘proof of address’ undergoes a change, fresh proof of address may be submitted to the branch within a period of six months.

Companies having paid up share capital of 5 crore or more shall have a whole-time company secretary

June 9, 2014 30939 Views 4 comments Print

Appointment of Company Secretaries in companies not covered under rule 8.—A company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary.

CBDT asks officers to submit proposals by email instead of submitting personally

June 9, 2014 929 Views 0 comment Print

2. However, it is observed that certain officers are visiting CBDT personally only for submitting the proposals to the Board and that too without any prior intimation. The undersigned is directed to convey that such visits not only result in wastage of time of officers but also lead to undesirable expenditure incurred on tour. It is reiterated that the proposals and the requisite information may strictly be sent by post

Clarifications on Rules related to appointment and qualifications of directors and Independent Directors

June 9, 2014 6930 Views 0 comment Print

The matter has been examined. In view of the specific provisions of Schedule IV, appointment of ‘IDs’ under the new Act would need to be formalized through a letter of appointment.

Interest Us/ 234B & 234C payable on failure to pay advance tax in respect of tax payable u/s 115JA/115JB

June 8, 2014 5706 Views 0 comment Print

Section 115JB, with which we are concerned, is a self-contained code pertaining to MAT, which imposed liability for payment of advance tax on MAT companies and, therefore, where such companies defaulted in payment of advance tax in respect of tax payable under Section 115JB

Assessee must be allowed TDS credit based on TDS certificate even if same is not reflected in 26AS

June 8, 2014 7158 Views 0 comment Print

In our view, though Form 26AS (r/w r.3 1AB and ss. 203AA and 206C(5)) represents a part of a wholesome procedure designed by the Revenue for accounting of TDS (and TCS), the burden of proving as to why the said Form (Statement) does not reflect the details of the entire tax deducted at source for and on behalf of a deductee cannot be placed on an assessee-deductee.

Why Sale of Flats in Jharkhand is not Works Contract !

June 8, 2014 6804 Views 4 comments Print

Recently, there were some reports in newspapers in the State that the sales tax department is trying to impose VAT on sale of flats (which is an immovable property) by builders considering it to be Works contract.

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