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Query Posted : 878
Query Replied : 877
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  • Interest under MSME Act
    by RAJESH on Thursday, June 20, 2019  at 04:08 PM

    1)The co. is making payment beyond 45 days to MSME but no interest is paid as per MSME Act.MSME unit is having no objection but whether this statutory liability has to be calculated by auditors and has to qualify the report as co.is saying that int. need not to pay as per mutual understanding. Whether confirmation from MSME unit that there is no outstanding will be sufficient. 2) What will be GST implication in case of related parties/Non related parties(Tolerance of Act/Deemed supply)

  • Limited review report for the quarter ending 30.06.2019
    by VIJAYAN on Friday, June 14, 2019  at 06:37 PM

    SEBI has directed that all listed companies should publish consolidated financial results for the quarter ending 30th June 2019 Whether the comparative figures for the previous years quarter (30.06.2018) need to be given since there was no requirement at that time to give consolidated figures.

  • EXEMPTION TO NBFC
    by MUKESH GOEL on Monday, May 27, 2019  at 05:26 PM

    DOES AN NBFC COMPANY, WHICH IS A NON DEPOSIT TAKING AND NON SYSTEMICALLY IMPORTANT NBFC, ENJOYS ANY EXEMPTION FROM THE PROVISIONS OF SECTION 186 OF TE ACT IN TERMS OF SECTION 186 (11)(a) READ WITH SUB RULE 2 OF RULE 11 OF THE COMPANIES (MEETINGS OF BOARD AND ITS POWERS)RULES, 2014. THE SUB RULE 2 OF RULE 11 EXPLAINS THE MEANING OF "BUSINESS OF FINANCING COMPANIES". PLEASE REFER THE SECTION 186(11)(a)and RULE BEFORE THE AMENDMENT IN SECTION 186 ON 07.05.2018.

  • DPT-3
    by Sanjay on Thursday, May 23, 2019  at 03:24 PM

    In DPT-3,Amount received from Director is required to be reported. QUESTION:Whether payment made by Director on behalf of company for the expenses incurred is treated as amount received from director for the purpose of reporting.

  • Signatures on F.S.
    by Kamal on Friday, May 17, 2019  at 10:54 PM

    Sir Mr. X is the CMD of our listed company but he is out of town and the Board Meeting is scheduled in between. In his absence who should sign the Financial Statements in terms of section 134. Please guide

  • DPT-3 One time return (contd)
    by K S Iyer on Sunday, May 12, 2019  at 02:29 PM

    Sir , This is in continuation of my earlier query on DPT-3. With reference to your expert view for part(b) of the query,I understand there is no law for such appropriation being independent events.If so, kindly clarify whether the Section 59,60 and 61 of Indian Contract Act,1872 which provides for appropriation would not be applicable and Companies Act 2013 would override the Indian Contract Act ?

  • DPT-3 One time return
    by K S Iyer on Saturday, May 11, 2019  at 01:34 PM

    Sir,Director A of XYZ Pvt Ltd has an outstanding balance of RS1Lak on 31.3.2014. He brought in Rs35000 in July2017 and Rs25000 was returned in 2018.Pls clarify (1)if there was no instruction as to appropriation of repayment, is the balance to be shown in one time DPT 3 is Rs35000 following FIFO (2) if parties agreed to appropriate Rs25000 towards amount received in 2017, the balance to be shown in onetime DPT-3 is Rs10000(35000-25000) .Kindly advise

  • Price for buyback
    by Thiruppathi on Tuesday, May 07, 2019  at 10:28 AM

    Sir, A private limited wish to buy back its own shares at a price of Rs.10/-(face value) per share. However its books value as on the date of offer for buyback is Rs.200/-. The offer for buyback will be made on proportionate basis to the existing share holder and other conditions & procedures as mentioned in Sec 68 and related rules will be complied with. The share holder will accept the offer. Is there any non-compliance with respect to provisions of the Companies Act. Please advice.

  • Annual Return
    by Kamal on Friday, April 26, 2019  at 06:50 PM

    In terms of Sec 137 which Form for filing adopted Fin. Statements shall be used when the Registrar took unadopted Fin. Statements as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose. Earlier we filed AOC 4 and MGT 7 within due dates for unadopted F.S.

  • Can Partnership firm become shareholder of Pvt Ltd
    by Prashant ghavate on Saturday, April 13, 2019  at 04:48 PM

    1)Can Partnership firm directly become shareholder of a pvt ltd or it can become joint shareholder through its partner, 2)If it becomes joint shareholder who will be the beneficiary of pvt ltd shares,firm or partners 3)In case of dissolution whether there will be any need to transfer shares from partnership to individual partners again as per above example.

  • ESOP
    by Kamal on Friday, March 29, 2019  at 12:34 AM

    Co in FY 2017-18 had passed in its Board & EGM its ESOP Plan and diluted shares to its esop trust and thereafter had granted options to its employees. Now for the year 2018-19, the Co had called Board & EGM to dilute shares in esop trust only. Considering all the terms of ESOP Plan remains same as approved by the Board & AGM in the year 2017-18, can the company grant options to the employees without holding any AGM or mandatory to issue options to employees only after calling AGM

  • First Auditors
    by Kamal on Friday, March 22, 2019  at 11:16 AM

    When first auditors (proprietor) are appointed by the Board: 1. can they be appointed for 5 years u/s 139(1) 2. if they are appointed for only 1 year till next AGM, can they be reappointed for another 5 years as well if the company is subjected to rotation

  • SEBI(ICDR)Regulation,2018_Promoter group definition
    by manish jain on Wednesday, March 20, 2019  at 04:12 PM

    As per Regulation 2(pp) promoter group includes an immediate relative of the promoter (i.e. any spouse of that person, or any parent, brother, sister or child of the person or of the spouse). Is the parent, brother and sister of the spouse is also included in promoter group as per definition ? Your opinion is highly solicited.

  • Redemption of preference shares at discount
    by Parth on Thursday, March 14, 2019  at 04:06 PM

    Hi Sir, Referring to my earlier query regarding redemption of preference shares at discount, why would the company need to take the matters with NCLT if the preference shareholders have already agreed upon to redeem of preference shares at discount? Is there any requirement under law which you may help in getting into our attention ?

  • Redemption of shares at discount
    by Parth on Thursday, March 14, 2019  at 11:10 AM

    Hi Sir, Can the Preference shares issued at par or at premium by a company be redeemed at a discount by the company ? Further, in case of answer to above question is not affirmative, will the answer remain same even if shareholders also have agreed and have no problem with redemption of preference shares at discount?

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