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In exercise of the powers conferred by sub-section (2) of section 530 of the Companies Act, 1956 ( I of 1956) the Central Government hereby notifies that the sum to which priority shall be given under clause (b) of sub section (1) of section 530 of the said Act with effect from 1st day of March, 1997 shall not in case of any one claimant, exceed the sum of Rs. 20,000/- (Rupees twenty thousand only.
You may be aware that the Department of Company Affairs have recently issued revised annual cost audit orders for the financial year ending 31.3.1994 and continuously thereafter to all those companies which were previously subjected to cost audit for every alternate financial years. A list containing the names of these companies is being sent separately to the Secretary of your Institute.
It has been brought to the notice of this Department that many of the companies for which maintenance of books of accounts have been made mandatory under Section 209(1)(d) of the Companies Act, 1956 and Cost Accounting Records Rules prescribed, have failed to keep such books of accounts in the manner indicated thereunder
One of the tests of what constitutes ‘oppression’ within the meaning of Section 397 of the Act is to see whether the majority is taking an unfair advantage of their position as a majority. The second test is to find out whether in the exercise of the fiduciary power, the group concerned was attempting to destroy the existing majority or to create a new majority which did not exist previously.
In exercise of the powers conferred by sub-section (1) of sectio,i 620 of the Companies Act. 1956 ( I of 1956). the Central Government hereby directs that the provisions of clause (e) of sub-section (1) of section 17 of the said Act read with the Companies.
directed to refer to your letter no. PD/69/90 dated 19.2.90 on the subject mentioned above and to say that the cost auditor shall be deemed to have concluded his appointment as soon as he renders a report to the Central Government in accordance with the Cost Audit Report Rules. The specified number of companies for the purpose of section 23 3B (2) of the Act
directed to refer to your letter no. CLC/79/89 dated 8th January, 1990 on the subject mentioned above and to say that while giving a certificate in terms of provision to sub-section 224 of the Companies Act, 1956, the auditor or auditors will not take into account the actual appointments as auditors in the companies but also their proposed appointment in companies for which they have given their consent.
After a careful examination of the statement made by the cost auditors, the Department is of the view that it would be more appropriate if while mentioning the figures for previous year, the Cost Auditor certifies the position by means of note that figures so stated are on the basis of information furnished by the management, for which he has obtained a certificate from them.
Under the provision of S. 233B of the Act and the Cost Audit Report Rules made thereunder, the Cost Auditor after the submission of the Cost Audit Report has to furnish replies to all the supplementaries, queries from the Department of Company affairs arising through a review of the Cost Audit Report. A question has arisen as to when the term of a Cost Auditor in respect of company shall be deemed to have concluded. It is clarified that for the purpose of furnishing the certificate under sub-section
Authentication of Cost Audit Report in cases where a firm of Cost Auditors is approved under U/s 233B (2) of the Companies Act, 1956 for conducting Cost Audit.
