Divesh Goyal

Discussion on Notice from Cost Audit Department

Company Law - In this editorial, author shall discuss the provision, applicability of Cost Audit and Cost Auditor on Companies along with reason of issuance of Notice from Cost Department. Applicability of Cost Records: As per Rule 3, The class of companies, including foreign companies, engaged in the production of the goods or providing services, spec...

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Everything About LLP-8 (V3)

Company Law - In this editorial author shall discuss, the provisions, process, criticalities of Web-form LLP-08 i.e. LLP-08 is Statement of Account & Solvency and Charge to Registrar of Companies of LLP. Due to change of MCA version from V2 portal to V3 Portal Now, LLP-08 form shall be Web Based form. LLP-08 required to file Pursuant to […]...

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Extension of time for Holding of AGM & EGM through VC

Company Law - MCA has issued General Circular No 2/2022 and 3/2022 in respect of clarification of holding of AGM & EGM through Video Conferencing (VC). ♦ MCA has first time issued circular vide No. 14/2020 on 08.04.2020 in respect of holding of EGM through Video Conferencing and Circular No. 20/2020 dated 05.05.2020 in respect of holding of [&hel...

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PAS-6 Reconciliation of Share Capital Audit Report – Analysis

Company Law - The Ministry of Corporate Affairs in its drive to enhance transparency, investor protection and corporate governance, has notified Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 on 10 September 2018 effective from 02nd October 2018. So, Provisions of PAS-6 become effective from 02nd October 2018. In accorda...

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Everything About LLP-11 (V3)

Company Law - In this editorial author shall discuss, the provisions, process, criticalities of Web-form LLP-11 i.e. LLP-11 is Annual Return of LLP. Due to change of MCA version from V2 portal to V3 Portal Now, LLP-11 form shall be Web Based form. LLP-11 required to file Pursuant to section 35 of The Limited Liability Partnership Act, 2008 […]...

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Scheme for Street Vendors -PM SVANidhi scheme

Company Law - Ministry of Housing & Urban Affairs Scheme of Special Micro-Credit Facility launched for Street Vendors – Striving towards Atmanirbhar Bharat Posted On: 19 JUN 2020   A Memorandum of Understanding has been signed between Ministry of Housing & Urban Affairs and Small Industries Development Bank of India (SIDBI), here today, ...

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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"

Discussion on Notice from Cost Audit Department

In this editorial, author shall discuss the provision, applicability of Cost Audit and Cost Auditor on Companies along with reason of issuance of Notice from Cost Department. Applicability of Cost Records: As per Rule 3, The class of companies, including foreign companies, engaged in the production of the goods or providing services, spec...

Read More
Posted Under: Corporate Law |

Everything About LLP-8 (V3)

In this editorial author shall discuss, the provisions, process, criticalities of Web-form LLP-08 i.e. LLP-08 is Statement of Account & Solvency and Charge to Registrar of Companies of LLP. Due to change of MCA version from V2 portal to V3 Portal Now, LLP-08 form shall be Web Based form. LLP-08 required to file Pursuant to […]...

Read More
Posted Under: Corporate Law |

Extension of time for Holding of AGM & EGM through VC

MCA has issued General Circular No 2/2022 and 3/2022 in respect of clarification of holding of AGM & EGM through Video Conferencing (VC). ♦ MCA has first time issued circular vide No. 14/2020 on 08.04.2020 in respect of holding of EGM through Video Conferencing and Circular No. 20/2020 dated 05.05.2020 in respect of holding of [&hel...

Read More
Posted Under: Corporate Law |

PAS-6 Reconciliation of Share Capital Audit Report – Analysis

The Ministry of Corporate Affairs in its drive to enhance transparency, investor protection and corporate governance, has notified Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 on 10 September 2018 effective from 02nd October 2018. So, Provisions of PAS-6 become effective from 02nd October 2018. In accorda...

Read More
Posted Under: Corporate Law |

Everything About LLP-11 (V3)

In this editorial author shall discuss, the provisions, process, criticalities of Web-form LLP-11 i.e. LLP-11 is Annual Return of LLP. Due to change of MCA version from V2 portal to V3 Portal Now, LLP-11 form shall be Web Based form. LLP-11 required to file Pursuant to section 35 of The Limited Liability Partnership Act, 2008 […]...

Read More
Posted Under: Corporate Law |

CSR-2 Details to be Mention At Column 3

In this article author discusses, Which year figures should be mentioned in Column 3 of Form CSR-2 and Whether we have to mention figures of FY 2019-20 (i.e. 31.03.2020) or FY 2020-21 (i.e. 31.03.2021)? Reason of Confusion on this point: Instruction kit mentioned that, needs to mention figures of FY 2020-21. Logic says that, Company [&hel...

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Posted Under: Corporate Law |

Section wise Impact of LLP Amendment Act, 2021

Finally, on 12th February, 2022 MCA has issued notification that provisions of Section 1 to 29 of LLP Amendment Act, 2021 shall came into effect from 01st April, 2022. Date of Applicability It shall come into force from 1st April 2022. S.NO Section of The LLP Act, 2008 Section Name in LLP Act, 2008 Section […]...

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Posted Under: Corporate Law |

Everything About CSR-2 Report on Corporate Social Responsibility

MCA has issued notification on 11th February 2022 called as Companies (Account) Amendment Rules 2022. Ministry has introduced a new form CSR-2 by these new rules. Further, made insertion in Rule 12 of such rules. One more step towards CSR Reporting, One more amendment, one more Circular A. Applicability: This new Rule shall be applicable ...

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Posted Under: Corporate Law |

Compounding of Annual General meeting (AGM)

In this editorial author shall discuss the provisions of Compounding of Annual General meeting (AGM) under Companies Act, 2013. Many professionals asked this question, How to go for compounding in case of holding of AGM after Due date.  A. PROVISION OF LAW: As per Section 96 of Companies Act, 2013, Every company should hold one […...

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Posted Under: Corporate Law |

Important Amendment vide LLP (Amendment) Act, 2021

In the Budget 2021, our hon’ble financial minister announced about Amendment in LLP Act. In continuation of same, Ministry of Corporate Affairs issued a press release on 03rd February 2021. MCA initiates process of De-criminalisation of compoundable offences of LLP Further in continuation of the same Wednesday, 28th July, 2021 Cabinet h...

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Posted Under: Corporate Law |

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