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RCM for purchase of input goods & services used in Construction of Project from Unregistered Person

August 14, 2020 79470 Views 1 comment Print

Reverse Charge Mechanism (RCM) for purchase of input goods and services used in Construction of Project from the Unregistered Person [Notification No. 07/2019- Central Tax (Rate) dated 29th March 2019 effective from 1st April, 2019]. After a long gap, the Central Government has used its power provided under amended Section 9(4) of the CGST Act, […]

Exemption to Private Companies to file e-Form MGT-14 with ROC in certain matters

August 13, 2020 136164 Views 1 comment Print

The Companies Act, 2013 (“the New Act”), became effective from 1st April, 2014. After the commencement of this Act, numerous resolutions are required to be filed in e-form MGT-14 with the Registrar of Companies (“ROC”). Though the requirement to file e-form MGT-14 was applicable to all companies but after coming ample of amendments the list […]

Consequences of filing e-Form MGT-14 after 30 Days

August 12, 2020 127506 Views 3 comments Print

With the replacement of the Companies Act, 1956 (‘the Old Act’) by the Companies Act, 2013 (‘the New Act’), Section 117 was adopted w.e.f. 01.04.2014 in corresponds to Section 192 of the Old Act. However, it is pertinent to note that with the passage of time, some amendments were made in Section 117 of the […]

Start planning for extension of AGM for calendar year 2020

August 8, 2020 9594 Views 0 comment Print

We know that a Company is a separate legal entity different from its members and its affairs are generally done by Board of Directors of the Company. It is Board of the Company who provides a road map within its limited power for the progress of a Company. Under the Companies Act, 2013 (‘the 2013 […]

Contingent Clause in Rent Deed to Increase Rent each Year

August 8, 2020 12846 Views 0 comment Print

Recently, in a matter of Civil Appeal No. 2617 of 2020, the Supreme Court, vide their judgment dated 17th June, 2020,  has observed that where a rent deed contains a contingent clause which binds the tenant to increase the rent by certain percentage each year, it cannot be read to mean that the tenancy was for a period of more than one year.

Filing of unadopted and/or unaudited financial statement with ROC

August 6, 2020 96756 Views 3 comments Print

Section 129(2) of the Companies Act, 2013 (‘the Act, 2013’) makes it mandatory, on the part of the Board of Directors of the Company, to lay the financial statements of the Company for the financial year before at every Annual General Meeting (AGM). These financial statements should be adopted in that AGM. Section 137(1) of […]

Adjournment of AGM after maximum allowed time-limit | Section 96 | Companies Act 2013

August 5, 2020 68517 Views 2 comments Print

We know that a Company is a separate legal entity different from its members and its affairs are generally done by Board of Directors of the Company. It is Board of the Company who provides a road map within its limited power for the progress of a Company. Under the Companies Act, 2013, certain powers […]

Disclosure of Interest by Director under Companies Act 2013

August 2, 2020 78654 Views 1 comment Print

Section 184 of the New Act relates to ‘Disclosure of interest by directors’. The object of Section 184 of the New Act is to bring to the notice of the directors the conflict of interest and duty of any of their colleagues on the Board.

Pre-emptive rights of Existing Shareholders for further issue of shares

July 31, 2020 28455 Views 1 comment Print

Pre-emptive rights of Existing Shareholders for further issue of shares under Section 62 of the Companies Act, 2013 Currently, Section 62 of the Companies Act, 2013 are in operation to increase subscribed capital of the company by issue of further shares. As per this section further shares can be issued in different mode as under- -By […]

Reverse Charge Mechanism (‘RCM’) in case of purchase from unregistered supplier

July 28, 2020 82716 Views 4 comments Print

The provision that has gathered maximum attention for its ability to create significant stress and nuisance would clearly be Section 9(4) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). Before we go to that, we should understand Reverse Charge Mechanism. Reverse Charge Mechanism (RCM). Normally, the supplier of goods or services pays […]

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