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Income Tax : The assessee earned a capital profit of Rs. 10.38 crores on sale of rights to immovable property. The said profit was directly cre...
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In what would be good news for many firms, a scheme is being prepared to avoid criminal prosecution for delay in filing one’s balance-sheet with the Registrar of Companies (RoC).The Union ministry of corporate affairs is working on a scheme of compounding, which also modifies the existing charges in this regard for regularising the delay, beside the proposed avoidance of criminal prosecution. It is likely to be rolled out in September and is being discussed with the various regulators.
The corporate affairs ministry has decided to act tough with public sector undertakings (PSUs) that have not prepared and submitted their financial statements with the registrar of companies. As many as 658 state-run PSUs have piled up 2,539 accounts, with some pending for as long as 26 years.
The ministry of corporate affairs has asked the Registrar of Companies (RoC) to submit a detailed report under Section 234 of the Companies Act seeking an explanation from Adani Exports (now known as Adani Enterprises) for its financial statements for the year 2004-05.
The regulator had recently formed a committee comprising senior officials from SEBI, investor associations, Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) to resolve complaints pending against companies suspended by the exchanges. Non-payment of listing fees is the most common reason for suspension of companies from the bourses.
Income Tax department has claimed Rs 30,000 crore from companies that have violated provisions under the minimum alternate tax. Sources said the claim is not only for the current assessment year of 2009-10, wherein assessments are still going on, but also for previous four-five assessment years, which are under litigation either in courts or at appellate levels.
The assessee earned a capital profit of Rs. 10.38 crores on sale of rights to immovable property. The said profit was directly credited to the capital reserves in the balance sheet instead of being routed through the Profit & loss account. The accounts of the assessee company were duly certified by the auditors and were also adopted in the AGM. The audited accounts were filed with ROC. In the computation of “book profits” for s. 115JB, the said capital profits were not included.
Further, it may be noted that since technical scrutiny of balance sheet does not involve attestation function, accordingly any Chartered Accountant not holding certificate of practice is also eligible to apply for the subject panel.
The Institute has received an Office Memorandum (OM) from the Ministry of Corporate Affairs. As per the OM, the Registrar of Companies will prepare a panel of professionals for Technical Scrutiny of Balance Sheets filled by the Companies for the State concerned.
The Institute of Chartered Accountants of India while appreciating the initiative taken by the Ministry for ensuring good corporate governance and transparency for safeguarding the interest of the shareholders, creditors and the economy as a whole wishes to provide professional expertise of its members to the Registrar of Companies. For the purpose, it has been decided to prepare a panel of the members of the Institute and send the same to the Ministry.
In furtherance of e-governance initiatives, provisions regarding stamp duty applicable on filing of e-forms have been amended and stakeholders shall have facility to pay stamp duty in electronic manner also. As of now, this process shall cover Form 1(including MoA, AoA), Form 5 and Form 44 only, accordingly revised eforms are being introduced w.e.f. 12.09.2009. […]