Corporate Law : Corporate insolvency resolution process (CIRP) can be commenced when a corporate debtor commits a default – section 4(1) of ...
Income Tax : Consider a situation where RST Limited was a loss making company. Ind ASs were adopted by this company from the year 2016-17. Sinc...
Income Tax : Issues that need to be addressed under clause (viib) of sub-section (2) of section 56: Cut off time to examine the status of Comp...
Company Law : The Supreme Court vide its Order on January 20, 2020, accepted the proposal of the Centre to take over the management control of e...
Finance : With an aim to create take off thrust for sale of ailing Air India, the Government on 27th January, 2020 (re)invited bids for a 10...
Caveat petition is a precautionary measure which is undertaken by people usually when they are having very strong apprehension that some case is going to be filed in the court regarding their interest in any manner.
CA Kamal Garg Common Mistakes Committed by the CA Final Students in Audit and Law Papers Q. No.: Questions asked on FB Page[1] Wrong Answer(s) given by Students Correct Answer given by the Students Remarks 1. Mr. X, a person resident in India, was found to have holding unaccounted assets in Panama. Advise about the […]
In Budget 2016, a nominal excise duty of 1% [without input tax credit] and 12.5% [with input tax credit] has been imposed on articles of jewellery. Even for this nominal 1% excise duty, manufacturers are allowed to take credit of input services, which can be utilised for payment of duty on jewellery. The salient features of this levy are explained as under:
Google Tax: India has taken the first step to tax the digital economy. An equalisation levy–a deduction of 6% to be made by an Indian payer on payments to a nonresident entity for specified B2B services such as advertising—has been introduced in the Budget. The levy will impact the bottom lines of giants such as Google, Yahoo and others, which earn ad revenue from business entities in India.
The word all used in Section 134(5) supra has left the directors of the companies with a question as to whether their responsibility is made open ended under the Companies Act, 2013, since prima facie the word all seems to provide an inclusive sense rather than an exhaustive sense. In the present article, an attempt has been made to understand the directors’ responsibility(s) in respect of the requirement under section 134(5) of the Act.
The Companies Act, 2013 has categorized certain offences at par with criminal offences under the Code of Criminal Procedure, 1972 (Cr. PC) thereby has identified the same as cognizable and non-bailable. Thus, it is quintessential for the Promoters, Directors, Manager, Officers and other key managerial personnel to understand various definitions under the Cr PC and its consequences thereunder so that they can exercise greater degree of caution and precaution in compliance with these sections.
With insertion of 4th proviso in section 123(1), no Co. shall declare dividend unless carried over previous losses and depreciation not provided in previous year(s) are set off against profit of the company for the current year.
Section 62(1)(b) of the Companies Act, 2013 provides that where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered to employees under a scheme of employees’ stock option, subject to special resolution passed by company and subject to such conditions as may be prescribed.
Section 611 of the Companies Act, 1956 provided for payment of filing fees in accordance with Schedule X to that Act. There is no Schedule in the Companies Act, 2013 for ‘filing fees’. Accordingly, section 403 of the Companies Act, 2013 provides for payment of filing fees as prescribed by rules made under the Companies Act, 2013. Rule 12 and Table annexed to Companies (Registration Offices & Fees) Rules, 2014, prescribed the Fee.
Tug of war between Private Placement and Preferential Offer: Section 42 of the Companies Act, 2013, read with Rule 14 of the Companies (Prospectus and Allotment of Securities) Rules, 2014 prescribe the procedure for private placement of securities to any persons through the issue of a private placement offer letter and subject to an overall cap of 200
