Divesh Goyal

Disclosures in Director Report under Companies Act 2013

Company Law - The Directors’ report starts with the financial results of the year which will show the working results for the year under review, the Net Profit Before Tax (PBT) and the Net Profit After Tax (PAT) and the appropriation of profit including the transfer to general reserve which has been left to the Director to decide....

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Surrender of DIN……

Company Law - As per rule 11(f), a person can apply for surrender of DIN only in the situation when DIN is unused and never used for appointment as director in any Company (except situations like unsound mind, death, and insolvent)....

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Direct and Indirect Tax Due date calendar- August 2018

Company Law - Article Compiles month wise Due dates for E-­payment of Service Tax for by Companies, Submission of Form No. 27C (TCS), Payment of TDS/TCS , Return of TDS, Payment of Advance Income tax by All Assessees (100%)(including 44AD cases), E-­Payment of Provident Fund (PF), TCS Return in form 27EQ, Due date for issue of Form 16B in respect of ...

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Format of Abridge Director’ Report of Small Company & OPC with FAQs

Company Law - MCA has further amended Companies (Accounts) Rules, 2014, these rules called Companies (Accounts) Amendment Rules, 2018. MCA has came up with new rule 8A on 31st July, 2018 with Abridged form of Directors report disclosure and prescribed separate bunch of disclosures for Small Company and One Person Company (OPC). As per Companies amendme...

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Director KYC under Companies Act, 2013 with FAQs

Company Law - Who have to File DIR-3 KYC? Every Director who has been allotted DIN as on or before 31st march of a financial year submits e-form DIR-3KYC with central government....

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“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court) - In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

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Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...

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Perusal of Pending Proceeding before HC after declaration of Moratorium in IBC, 2016

Steamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi) - In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before...

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Whether POA Holder Can File Application Under IBC, 2016

Shriram EPC Limited Vs. Rio Glass Solar SA (NCLAT Delhi) - The 'I&B Code' is a complete Code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a person in the manner as prescribed thereunder. Therefore, we hold that a 'Power of Attorney Hold...

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Whether dispute raised by OC is bar for acceptance of petition under IBC

Anil Steels V. A.D. Electro Steel Co. (P.) Ltd (NCLT Kolkata Bench) - Whether Corporate Debtor can bar the NCLT to accept the petition of Operational Creditor by raising a dispute on the Demand Notice...

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Recent Posts in "Divesh Goyal"

Disclosures in Director Report under Companies Act 2013

The Directors’ report starts with the financial results of the year which will show the working results for the year under review, the Net Profit Before Tax (PBT) and the Net Profit After Tax (PAT) and the appropriation of profit including the transfer to general reserve which has been left to the Director to decide....

Read More
Posted Under: Company Law |

Surrender of DIN……

As per rule 11(f), a person can apply for surrender of DIN only in the situation when DIN is unused and never used for appointment as director in any Company (except situations like unsound mind, death, and insolvent)....

Read More
Posted Under: Company Law |

Direct and Indirect Tax Due date calendar- August 2018

Article Compiles month wise Due dates for E-­payment of Service Tax for by Companies, Submission of Form No. 27C (TCS), Payment of TDS/TCS , Return of TDS, Payment of Advance Income tax by All Assessees (100%)(including 44AD cases), E-­Payment of Provident Fund (PF), TCS Return in form 27EQ, Due date for issue of Form 16B in respect of ...

Read More
Posted Under: Company Law |

Format of Abridge Director’ Report of Small Company & OPC with FAQs

MCA has further amended Companies (Accounts) Rules, 2014, these rules called Companies (Accounts) Amendment Rules, 2018. MCA has came up with new rule 8A on 31st July, 2018 with Abridged form of Directors report disclosure and prescribed separate bunch of disclosures for Small Company and One Person Company (OPC). As per Companies amendme...

Read More
Posted Under: Company Law |

Director KYC under Companies Act, 2013 with FAQs

Who have to File DIR-3 KYC? Every Director who has been allotted DIN as on or before 31st march of a financial year submits e-form DIR-3KYC with central government....

Read More
Posted Under: Company Law |

DIR-3 KYC certification by Professionals- What needs to be certified

In this editorial the author made an effort to discuss the key check points for professionals while preparing, verifying and certifying the e-form DIR-3 KYC. As its is mentioned in the form that it should be certified by the professionals which includes-...

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Posted Under: Company Law |

Summary of Company law rules as amended on 05.07.2018 & 07/05/2018

MCA vide notification dated: 05th July, 2018 has amended many rules of Companies Act, 2013 to support notified 75 sections of Companies Amendment Act, 2017. In this editorial author shall endeavor to briefly discuss such amended rules....

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Posted Under: Company Law |

Loan to Holding Company [Section 185]

In this article author analyses provisions of Section 185 of Companies Act, 2013 as substituted by Companies Amendment Act, 2017 related to Loan to Holding Companies....

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Posted Under: Company Law |

List of Sections of Companies Amendment Act, 2017 notified so far

Notifications Notifying applicability of Sections of Companies Amendment Act, 2017  MCA vide notification dated 05th July, 2018 notified 4 Section of Companies Amendment Act, 2017. These 4 sections shall be come into effect w.e.f. 15th August, 2018. (LIST A). MCA vide notification dated 05th July, 2018 notified 1 Section of Companies Ame...

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Posted Under: Company Law |

Single Master Form for Reporting of Foreign investment in India

To make it convenient, ease of doing business RBI will introduce a Single Master Form (SMF) subsuming all the existing reports. The focus of RBI is on integrating the foreign direct investment reporting system and RBI has introduced TWO FORMS for this....

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Posted Under: Company Law |
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