Divesh Goyal

Exemption – Private Limited Company Under Section 185

Company Law - Article focuses on Section 185 of Companies Act, 2013 as amended by Companies Amendment Act, 2017 on the issue whether Exemptions are available to private limited companies u/s 185 as per notification?...

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New Threat- LLP Strike off Notice

Company Law - Recently MCA has issued Notice of Thousands of LLP’s u/s 75 of LLP Act, 2008 read with Rule 37 of LLP Rules, 2009 for non-filling of Financial Statements and Annual Returns for previous two years. ...

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DIN – Designated Partner – Existing LLP

Company Law - Since last 5 month, Its became impossible to incorporate LLP where promoter doesnt having DIN and become impossible to appoint a person as designated partner in LLP (to a person doesnt having DIN). MCA has issued Companies (Appointment and Qualification of Directors) Rules, 2018 and e-form DIR-3 and DIR-6 will be revised w.e.f. 15th June,...

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

Company Law - Notifications Notifying applicability of Sections of Companies Amendment Act, 2017  MCA vide notification dated: 13th June, 2018 has notified 5 Section of Companies Amendment Act, 2017 (LIST A). Earlier MCA has notified vide notification dated: 07th May, 2018, 28 Section (Partly or Fully) of Companies Amendment Act, 2017 (LIST B), 43 sec...

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Applicability Indian Accounting Standard “IND AS”

Company Law - In this Flash editorial, the author begins by referring the provisions of Indian Accounting Standards (Ind AS) as Companies (Indian Accounting Standards) Rules, 2015 vide Notification dated February 16, 2015 and the applicability of Ind AS for certain class of companies....

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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"

Exemption – Private Limited Company Under Section 185

Article focuses on Section 185 of Companies Act, 2013 as amended by Companies Amendment Act, 2017 on the issue whether Exemptions are available to private limited companies u/s 185 as per notification?...

Read More
Posted Under: Company Law |

New Threat- LLP Strike off Notice

Recently MCA has issued Notice of Thousands of LLP’s u/s 75 of LLP Act, 2008 read with Rule 37 of LLP Rules, 2009 for non-filling of Financial Statements and Annual Returns for previous two years. ...

Read More
Posted Under: Company Law |

DIN – Designated Partner – Existing LLP

Since last 5 month, Its became impossible to incorporate LLP where promoter doesnt having DIN and become impossible to appoint a person as designated partner in LLP (to a person doesnt having DIN). MCA has issued Companies (Appointment and Qualification of Directors) Rules, 2018 and e-form DIR-3 and DIR-6 will be revised w.e.f. 15th June,...

Read More
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: 13th June, 2018 has notified 5 Section of Companies Amendment Act, 2017 (LIST A). Earlier MCA has notified vide notification dated: 07th May, 2018, 28 Section (Partly or Fully) of Companies Amendment Act, 2017 (LIST B), 43 sec...

Read More
Posted Under: Company Law |

Applicability Indian Accounting Standard “IND AS”

In this Flash editorial, the author begins by referring the provisions of Indian Accounting Standards (Ind AS) as Companies (Indian Accounting Standards) Rules, 2015 vide Notification dated February 16, 2015 and the applicability of Ind AS for certain class of companies....

Read More
Posted Under: Company Law |

CRL 1 Threat – Investment in 2 Layer of Subsidiary

MCA has issued Notification on 20th September, 2017 in respect of Numbers of Layers of Investment in Subsidiaries of Company. These rules called as Companies (Restriction on number of layers) Rules, 2017. In such notification MCA mentioned about which company shall be include or not in term two Layers. What are the compliances required to...

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Posted Under: Company Law |

Process to Shift Registered Office of company from One State to Other

A registered office is the official address of a company to which all official letters and reminders will be sent by any person, any government or non government or regulatory body. In terms of Section 7 of the Companies Act, 2013 (the Act)...

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Posted Under: Company Law |

Stamp Duty on Issue of Share Certificates

Background: As per Section 3 of Indian Stamps Act 1899, Every Share Certificate must bear the necessary stamp duty as per the Stamp Act of the respective State/ Union Territory from which Certificate is issued. The rates of stamp duty can be obtained with reference to relevant article of given State Act. According to Companies […]...

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How e-form MGT-14 posing new threats from 07.05.2018?

MCA vide notification dated: 07th May, 2018 has notified 28 more sections of Companies Amendment Act, 2017. One of those is Section 117 which explains Resolutions and agreements to be filed under Companies Act,2013. This amended section came into effect form 07th May, 2018. In this editorial author shall endeavor to briefly discuss Impact...

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Posted Under: Company Law |

Direct and Indirect Tax Due date calendar- June 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 ...

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Posted Under: Company Law |
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