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Related Party Transactions: Disclosure Regime in place of Approvals

May 17, 2014 5844 Views 0 comment Print

The regulator proposes to the person entering/ existed in the corporate world to COME WITH AN OPEN HEART. It is just like, while anybody moves to the Doctor/ Advocate for some treatment/ consultant, nothing should be undisclosed. The author is thinking the same keeping in the view the basis of the regulatory provisions been made under the Companies Act, 2013.

SC explains distinction between “Contract for sale of goods” and “Works contract”

May 16, 2014 21744 Views 0 comment Print

Dominant nature test” or overwhelming component test or the degrees of labour and service test are really not applicable. If the contract is a composite one which falls under the definition of Works contracts as engrafted under clause (29A)(b) of Article 366 of the Constitution, the incidental part as regards labour and service pales into total insignificance for the purpose of determining the nature of the contract.

Mothers name on PAN card – New Form 49A & 49AA WEF 16.05.2014

May 16, 2014 43957 Views 19 comments Print

Notification No. 26/2014-Income Tax CBDT has revised PAN Application form 49A and 49AA wef from 16.05.2014 vide its notification no. 26/2014 , Dated- 16-5-2014. Revised Form 49A and 49AA provides option to get printed Mothers Name on PAN card. So those applying for New PAN card or for revised PAN card have the option to get printed on their PAN card printed the name of his/her mother.

Supply & Installation of Lifts is a Works Contract – SC

May 15, 2014 20255 Views 0 comment Print

The Constitution bench of the Supreme Court in the case of M/S. Kone Elevator India Pvt. Ltd. vs. State of Tamil Nadu and Ors. (Writ Petition (C) No. 232 OF 2005) vide its order dated 6.5.2014 has overruled the decision of the three-Judge bench in the case of State of A.P. v. Kone Elevators (India) Ltd, reported at (2005) 3 SCC 389.

PMS transactions Gains are capital gains & not business profits – Delhi HC

May 14, 2014 3761 Views 0 comment Print

a. The PMS Agreement in this case was a mere agreement of agency and cannot be used to infer any intention to make profit. b. The intention of an assessee must be inferred holistically, from the conduct of the assessee, the circumstances of the transactions, and not just from the seeming motive at the time of depositing the money

Here Comes The Exam Time

May 14, 2014 2222 Views 0 comment Print

As the CA-intermediate exams are around the corner, many students must be feeling really nervous. I would like to tell all the students who are appearing for the exams that this is the best time of the year, now I know the reaction, all of you must be thinking, “how can exam time be the […]

Postal ballot & e-voting cannot dispense general meeting – HC

May 13, 2014 5538 Views 0 comment Print

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all.

New Companies Rules not binding till Publication in official gazette – HC

May 13, 2014 6740 Views 0 comment Print

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014.

FAQs on eFiling Under Companies Act,2013

May 13, 2014 23015 Views 1 comment Print

1. What are the steps for online e-filing? 1. When the business or the registered users access the MyMCA portal, they enter their username and authentication details – Password/ Digital Certificate. 2. The user will be shown a list of eForms category-wise under eForms tab . 3. At any time, the users can read the […]

All about Related Party Transactions under Companies Act, 2013

May 13, 2014 36501 Views 0 comment Print

Every company enters into related party transactions and every company has to comply with disclosure norms and provisions of the law. Basic purpose of regulations of related party provisions in the Company’s Act, 2013 (hereinafter referred to as `the Act’) is that no company or its directors should take undue benefit of relationship for their personal gain.

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