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Outstanding Sundry Creditors as on 1st April, 2014 – Whether deposits under Companies Act, 2013

August 6, 2015 10274 Views 0 comment Print

In terms of section 2(31) of the Companies Act, 2013, deposit includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India. Therefore, all types of deposit of money or the amount borrowed by a company do not fall within the definition of deposit.

Management Services and the Auditors

August 4, 2015 78111 Views 10 comments Print

CA Kamal Garg 1. Introduction Section 141(3)(i) of the Companies Act, 2013 states any person whose subsidiary or associate company or any other form of entity, is engaged as on the date of appointment in consulting and specialised services as restricted for statutory auditors in section 144, shall be disqualified for appointment as auditor of […]

Conversion of Private Limited / Unlisted Public Company into LLP

December 22, 2014 12144 Views 3 comments Print

Krishna Govardhan Conversion of Private Limited Company/ Unlisted Public Company into Limited Liability Partnership Key Benefits: 1. One of the most important reasons for the conversion of a Company into a Limited Liability Partnership is derived from the Income Tax Act. The Income Tax Act, 1961 provides for Minimum Alternate Tax and payment of Dividend […]

Turnover under Companies Act, 2013 – whether a trajectory towards Cash Basis of accounting

November 27, 2014 69079 Views 3 comments Print

Section 2(91) of the Companies Act, 2013 defines turnover to mean the aggregate value of the realisation of amount made from the sale, supply or distribution of goods or on account of services rendered, or both, by the company during a financial year. This definition has used the words aggregate value of the realisation of amount made instead of aggregate value of the realisation of amount made or to be made

Rumbling Retail Trading Mantra – from Flipkart to Myntra

May 11, 2014 1205 Views 0 comment Print

From political gallerias to business colonnades, the FDI in Retail holds a perennial content to contention feature right from its nascent stages. This feature is rekindled when the recent news about Flipkart and Myntra was published in leading newspapers[1] about investigation being launched against them by the Enforcement Directorate

India to Converge With Global Financial Standards from April 2015

March 16, 2014 1394 Views 0 comment Print

CA Kamal Garg Convergence with International Accounting Standards (IASs)/International Financial Reporting Standards (IFRSs) issued by the International Accounting Standards Board (IASB) is getting its due weightage over a period of time and in the present context the convergence to IFRS is in the process of shaping up all over the world such that more than […]

Taxability Of Incomes And Expenses Under Foreign Collaborations

January 27, 2014 14270 Views 0 comment Print

The globalisation of economic reforms throughout the world has led to an increasing degree of inter-dependence between countries in the fields of technology, manpower, finance, etc. While drafting foreign collaboration agreements both parties have to necessarily take into consideration the tax laws in the respective countries. This is necessary so as to ensure, on the […]

Ignorance of law in not furnishing Section 92E Report – whether a reasonable cause for not levying penalty

October 31, 2013 8968 Views 0 comment Print

Under section 92E, every person who enters into an international transaction during a previous year is required to obtain a report from a chartered accountant and furnish such report on or before the specified date on the prescribed form. Rule 10E provides that the auditor’s report shall be in Form No.3CEB.

One Person Companies (OPC) Under Companies Act, 2013

October 24, 2013 9622 Views 0 comment Print

One Person Company means a company which has only one person as a member. It may be formed for any lawful purpose by one person as a private company by subscribing his name to a memorandum and complying which the requirements of this act in respect of registration.

Corporate Advisors Vis-À-Vis Their Professional Privilege

May 2, 2013 1723 Views 0 comment Print

The corporate advisors play a very vital and the core role for the companies in respect of various advisory activities including representation before authorities. The corporate advisors generally are chartered accountants, company secretaries, cost and management accountants, advocates, tax practitioners, etc.

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