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Impact of Companies Act, 2013 on Private Companies & Changes in Acceptance of Deposit Rules

April 7, 2014 27570 Views 0 comment Print

CA Himanshu Sharma Introduction – By Introduction of Companies Act,2013, Ministry of company affair has brought massive changes i.e. maximum of exemptions which were available to private companies under companies act,1956 have been withdrawn, lot of changes in acceptance of deposit rules through which private companies were not allowed to accept loan from relative and […]

Test to determine whether the land is Agricultural or not ?

April 7, 2014 16581 Views 0 comment Print

The Gujrat HC in CIT v Siddhartha J. Desai 139 ITR 628 (Guj) (1983) has laid down the following tests for determining whether the land is agricultural or not: a) Whether, the land was classified in the revenue records as agricultural and whether it was subject to payment of land revenue? [ CIT vs. Smt. […]

Investment in land or sale of land after plotting –whether Business Income or Capital Gain

April 7, 2014 5907 Views 0 comment Print

A transaction of purchase and sale of land cannot be assumed,without more, to be a venture in the nature of a trade. [CIT vs. Jawahar Development Association 127 ITR 431 (MP)(1 981)] The activity of an assessee in dividing the land in to plots andnot selling it as a single unit as he purchased, goes […]

Section 135 – Corporate Social Responsibility

April 6, 2014 4082 Views 0 comment Print

As per Companies Act 2013 all Indian Companies shall comply with Corporate Social Responsibility requirements w.e.f 01.04.2014. All companies havinga net worth of Rs. five hundred Crore or more, or turnover of Rs. one thousand crore or more or a net profit of rupees five crore or more during a financial yearshall constitute a Corporate Social Responsibility (CSR)

CBI arrests Top excise official and 7 others for Rs 1 crore bribe

April 6, 2014 2059 Views 0 comment Print

The Designated Court at Kolkata has remanded three days police custody to A M Sahay, Commissioner of Central Excise, Kolkata-II Commissionarate and two private persons in a bribery case yesterday. In this case, the CBI has arrested seven accused i.e. three at Kolkata and four at Mumbai. The Competent Court at Mumbai has given two […]

Govt to reconsider Role of CS in provisions related to key managerial personnel,secretarial audit and pre-certification of e-forms

April 6, 2014 1936 Views 0 comment Print

COMMUNICATION Dear Members and Students of the Institute of Company Secretaries of India, I am very happy to inform you that a delegation comprising the following had a very meaningful dialogue with the Hon’ble Minister for Corporate Affairs (Independent Charge), Shri Sachin Pilot in the late night (11 .55PM) of 4th April, 2014 at Kekdi […]

Date of Sales / Purchase not to be excluded in Computing period of holding for Capital Gain

April 5, 2014 3457 Views 0 comment Print

Hon’ble Delhi HC has held in the case of ‘Bharti Gupta Ramola Vs. CIT’ that For computing holding period of asset both date on which asset is acquired & date on which said asset is sold or transferred are not to be excluded.

Private Placement under the Companies Act, 2013

April 5, 2014 20459 Views 0 comment Print

Issuing shares to a select group of people like friends & family, angels or VC? Brace up, the new Companies Act 2013, provides for lengthy compliance procedures. Unlike before, even a private limited company has to follow the processes for private placement of securities. Securities means equity shares, preference shares and debentures, convertible instruments, redeemable […]

Further issue of shares to existing shareholders – Rights Issue / Preferential basis

April 5, 2014 47886 Views 14 comments Print

If the issuance of security is for a select group of people, called Private Placement, please refer to our post here- Private Placement under the Companies Act, 2013.  If you wish to issue shares to existing equity shareholders, then read on. When a company proposes to increase the share capital by issue of equity, convertible […]

Financial statements, Audit / Board's report for FY 13-14 to be governed by Companies Act 1956

April 4, 2014 6415 Views 0 comment Print

To make things absolutely clear it is hereby notified that the financial statements (and documents required to be attached thereto), auditors report and Board’s report in respect of financial years that commenced earlier than 1st April, 2014 shall be governed by the relevant provisions/Schedules/rules of the Companies Act, 1956.

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