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CA Nitesh Kumar More

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Process of approval of Directors report & Financial Statements

Company Law : Process of approval of Directors report & Financial Statements (FS) : MGT 14 can be filled by 20th Oct, if Board meeting held on 2...

October 11, 2014 156777 Views 9 comments Print

Resolutions required to be Filed Under Companies Act,2013 in form MGT 14

Company Law : CA Nitesh More Section-117  of the Companies Act, 2013, a copy of every resolution or any agreement, in respect of matters specif...

September 9, 2014 94843 Views 0 comment Print

Resolutions to be passed to reduce filing fees of MGT14

Company Law : RESOLUTIONS TO BE PASSED TO REDUCE FILLING FEES OF MGT14 of small & medium size companies, if draft exemption is not passed ...

August 31, 2014 6428 Views 0 comment Print

Draft Board resolutions to be passed in first board meeting

Company Law : If you are required to file DPT4 , a resolution should be passed authorizing a director to file DPT4. Such approval can be in eit...

August 29, 2014 30466 Views 0 comment Print

Procedure to raise capital for unlisted companies- Companies Act 2013

Company Law : CA Nitesh More A. A Pvt Ltd is having two members, Mr A & Mrs A. Co wants to raise Rs 2 Lakhs by issue of equity shares.  Mr ...

August 6, 2014 9187 Views 0 comment Print


FAQs on Section 185 of Companies Act 2013 along with planning

June 6, 2014 60029 Views 13 comments Print

Q1: What are the prohibitions on sec 185? Ans: No company can directly or indirectly advance loan to its directors or to other persons in whom directors are interested. No company can give any guarantee or provide any security in connection with any loan taken by him or such other person. Company can’t give loan represented by a book debt to above mentioned person.

Loan given by Holding Co. to Subsidiary Co. does not always attract Sec.185

June 6, 2014 67088 Views 7 comments Print

There is a general conception that if subsidiary co do not utilize loan given by its holding co for its principal business, provisions of sec 185 is attracted each & every time. In other words, if loan given or guarantee given or security provided by holding co to its subsidiary is not exempted by the Rule 10 of the Companies (Meetings of Board and its Powers) Rules, 2014, Sec 185 is violated.

Receiving Service from Clients may disqualifies you to Continue as an Auditor

November 18, 2013 6664 Views 0 comment Print

Many CA firms including big Firms may lose audit of Companies providing utility service providers & other companies due to the certain new impractical disqualifications inserted in the new Companies Act. Sec 141(3) of the Companies Act, 2013

CA Firms may get disqualified to be Auditor without Knowing

November 18, 2013 11424 Views 0 comment Print

Many CA firms including big Firms may lose audit of Companies due to the certain new impractical disqualifications inserted in the new Companies Act. Sec 141(3) of the Companies Act, 2013 states that the following persons shall not be eligible for appointment as an auditor of a company

Auditor Can Be Removed Without Central Govt Approval -Companies Act 2013

November 16, 2013 11924 Views 6 comments Print

It is generally said by every expert that an auditor will be removed under new company Law only after obtaining previous approval of central Govt. Sec 140(1) confirms this. However, in my opinion an auditor can be removed under new company Law without obtaining previous approval of central Govt also .

Can A Company Give Loan to Group Companies under Companies Act, 2013?

November 6, 2013 49827 Views 0 comment Print

Many corporate including Pvt Ltd Cos have other related group companies and they transfer money to & from other company as and when require. Stop doing this, even retrospectively from 12th September, 2013 as these can be treated as interest free loan u/s 185 of new company law.

No service validation error in Online Tax Audit Report : CBDT

October 16, 2013 3255 Views 0 comment Print

As per verbal talk with the CA Swadesh Gupta, a counter affidavit was filed by CBDT in high court stating that there were no service validation error, so we require evidence to prove that there were service validation errors in ITR and Tax Audit Report Filing.

51 Suggestions On E-filling Of Tax Audit Report (TAR) & Income Tax Return

September 30, 2013 12854 Views 12 comments Print

1. INSTITUTION ENJOYING EXEMPTION U/S 10(23B) HAVE TO SUBMIT TAR U/S 44AB .A. SEC 10(23B) EXEMPT INCOME FROM BUSINESS OF A KHADI UDYOG ETC. B. EVEN IF INCOME FROM SUCH BUSINESS IS EXEMPTED, AS THERE IS TURNOVER FROM BUSINESS; IN MY OPINION, AUDIT U/S 44AB/44AD IS TO BE CONDUCTED AND REPORT HAS TO BE SUBMITTED

19 Suggestions On E-filling of Tax Audit Report and ITR

September 29, 2013 17400 Views 0 comment Print

How To File Two Or More Physical Tax Audit Report Of Same Assessee Audited By Same/Different CAS: Steps To Find 10CCE10CCBBA, 10CCBC, 49C, 56F, 66, 3CA,3AD,3AE,3CE,3EAETC

Tax Audit Problems & Solutions – Technical & Other Issues

September 3, 2013 121176 Views 20 comments Print

What are operating system and runtime environment requirement for E-filling of Tax Audit Report? Our system becomes very slow during working on e-utility. What should we do? I am unable to register as CA as there is difference in name/date of birth as per ICAI and PAN data. What to do?

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