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R.C. JAIN & ASSOCIATES LLP
Continuous Improvement Is Better Than
Delayed Perfection!
Head Office:
622-624, The Corporate Centre, Nirmal Lifestyles, L.B.S. Marg, Mulund (W), Mumbai – 400080. Email: [email protected]
Phone: 25628290/91, 67700107
Website: www. rcjainca.com
NEWSLETTER
R. C. Jain and Associates LLP
INDEX
1. Income Tax ____________________________________________ 1
2.GST___________________________________________________ 9
3. Service Tax_____________________________________________ 12
4. RBI & FEMA ___________________________________________ 13
5. Corporate Law__________________________________________ 22
EDITORIAL TEAM
EDITOR
CA R. C. Jain
MEMBERS SUPPORT TEAM
CA Devangi Thosani Khusbhoo Khatwani Ulhas Jain
Supriya Shelatkar Shivani Thakkar Rohini Veer
Shilka Santhosh Sharadha Hariharan Mangesh Kolekar
Heena Kausar Khan Ekta Pamnani
Ruchika Ravi Hitesh Motwani
The contents provided in this newsletter are for information purpose only and are
intended, but not promised or guaranteed, to be correct, complete and up-to-date. The firm
hereby disclaims any and all liability to any person for any loss or damage caused by errors
or omissions, whether such errors or omissions result from negligence, accident or any
other cause.
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Income Tax
1. All India ITR launches income tax e-filing app
Now Filling of Income tax Return becomes even more easier as Government
lauches new E-Filling App.
All India ITR (www.allindiaitr.com), a government authorised e-filing
website, on Tuesday launched a mobile application to make the process of
income tax e-filing simple.With tax filing gaining momentum, the mobile app
is going to offer a robust platform for self-directed tax preparation without
paying a huge sum to experts.
The mobile app with its user-friendly interface will provide users an option to
check refund status, calculate income tax due, calculate HRA exemption and
generate rent receipts.It will also provide answers to tax-related queries as it is
backed by an expert team of chartered accountants.
The mobile app is available on Google Play Store (Android) and App Store
(iOS) for free.
2. Tax scrutiny reply set to get easier
Replying to income tax scrutiny notices with supporting documents will soon
be just a click away.Instead of having to make the rounds of the tax
department with sheaf of papers in response to notices received, tax payers
can soon upload them on the department's e-filing portal sitting in comfort of
one's own premises.
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The Income Tax Department will very soon launch on its e- filing website a
facility for uploading of information sought through scrutiny notices, a senior
government official told PTI.
Also, the tax department plans to start soon an SMS facility to communicate
with taxpayers about any scrutiny notice sent to them.
Once the facility is started, tax payers will get an SMS alert of a new notice or
information being raised by the tax department. The assessee can then log on
to the efiling portal and upload the documents that have been sought.As
many as 3.65 crore individuals filed tax returns in assessment year 2014-15,
while only 1 per cent of these are picked up for scrutiny. There are over 29
crore persons holding permanent account number (PAN).
The Income Tax Department had earlier said that all tax related proceedings
between the assessee and the taxman from the new fiscal will be conducted
online. A new link called 'e-proceeding' has already been launched on the e-
filing portal through which assessees reply to notice, questionnaire, or letter
issued under various sections of the I-T Act. One time password will be
required, the department had said in its advisory to taxpayers.
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CaseLaws
1) Issue Involved: Expenditure towards payment of interest on
loans taken for setting up industry by Assessee and, financial
charges, upfront fee, professional expenses, etc., were allowable as
revenue expenditure.
Commissioner-of-Income Tax v. Shri Rama Multi Tech Ltd. –
(Supreme Court of India) – (In favour of Assessee)
Section 37(1) of the Income Tax Act, 1961
Gist of the Case:
1) The respondent is a public limited company. For the assessment year
2000-01 it had incurred an expenditure of Rs. 3,37,84,348/- towards
payment of interest on loans taken and other items for setting up the
industry. Even though it had capitalized the said amount and claimed
depreciation before the Assessing Authority, however, in appeal, the
respondent raised additional ground claiming deduction of the
aforesaid amount on interest paid with some other expenditure on other
items connected therewith as revenue expenditure.
2) During the course of Assessment Proceedings the said amount that was
capitalized was treated as revenue in nature by the Assessing Officer
and he also disallowed the said expenses.
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3) During the first appeal, the Assessee was given partial relief and CIT-
(A) allowed expenses amounting to Rs. 2,92,45,670/- incurred on
account of interest on loans.
4) During Tribunal Proceedings, the entire amount of Rs. 3,37,84,348/- was
allowed.
5) The same was affirmed by Hon‟ble High Court and was recently upheld
by Hon‟ble Supreme Court of India.
The entire judicial pronouncement bears Citation No.: [2017] 80 taxmann.com
375 (SC) and can be referred accordingly.
2) Issue Involved: Transfer of shares of a company under family
settlement held to be valid taxable transfer vide the definition of
Income Tax Act Capital Gain tax levied thereupon.
B.A. Mohota Textiles Traders (P.) Ltd. v. Deputy Commissioner of
Income-tax, Maharashtra – (High Court of Bombay) – (In favour of
Revenue)
Family Settlement and Section 2(47) of the Income Tax Act, 1961
Gist of the Case:
1) The appellant is a Private Limited Company. Over 80 % of its share
capital is held by the family members of Mr. Girdhardas Mohota, Mr.
Gwaldas Mohota and Mr. Ranchhoddas Mohota referred to by the
Tribunal as Groups 'A', 'B' and 'C' respectively. The Mohota family,
besides holding a majority stake in the appellant/Company, had joint
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interest in various other Limited Companies and Partnership Firms,
besides the family also owned immovable properties jointly.
2) On 30.11.1995, the appellant/assessee filed return of income for the
Assessment Year 1995-96 declaring an income of Rs.58.35 Lakhs. During
the Assessment proceedings, the appellant/assessee contended that
transfer of shares in M/s. Rekhchand Mohota Spinning and Weaving
Mills Ltd. and M/s. Vaibhav Textiles Pvt. Ltd. to members of Group 'A'
and 'C' was done in pursuance of family arrangement/settlement as
reflected in the Arbitration Award dt.30.4.1995. Therefore, it was
contended that no Capital gains would be attracted as there was no
transfer as it was working out of family settlement/arrangement.
However, the Assessing Officer, by order dt.7.4.1997, negatives the same
and inter alia held that the Company being a separate legal entity
distinct from its shareholders cannot be as part of family
settlement/arrangement. Thus, transfer of shares done by independent
entity such as the Appellant/assessee would not be covered by the
'Family Settlement' and consequently, brought the transfer of shares
under tax scanner and treated the same as transfer. The same was
upheld in First as well as Second Appeal.
3) The Assessee Company asked the Revenue to lift the Corporate Veil. But
even in High Court the decision was in the favour of Revenue.
The entire judicial pronouncement bears Citation No.: [2017] 82 taxmann.com
397 (Bombay) and can be referred accordingly.
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3) Issue Involved : Summary proceeding u/s 143(1)(a) should not
be issued after a regular assessment proceeding having been
commences u/s 143(2)
Commissioner-of-Income Tax, Mumbai v. Metropolitan Trading
Co. – (High Court of Bombay) – (In favour of Assessee)
Section 143(1)(a) of the Income Tax Act, 1961
Gist of the Case:
The short question which arises in these appeals is whether it is open to the
Revenue to issue intimation under Section 143(1)(a) of the Income tax Act,
after notice for regular assessment has been issued under Section 143(2) of the
Income tax Act, 1961. The Assessee pointed out that in a number of judgments
several High Courts have consistently taken the view that once regular
assessment proceedings have commenced under Section 143(2) of the Income
tax Act, 1961, it is a limitation on the jurisdiction of the Assessing Officer to
commence proceedings under Section 143(1)(a) of the Act. There is no dispute
that Section 143(1)(a) of the Act enacts a summary procedure for quick
collection of tax and quick refunds. Under the scheme if there is a serious
objection to any of the orders made by the Assessing Officer determining the
income, it is open to the assessee to ask for rectification under Section 154.
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1) Apart therefrom, the provisions of Section 143(1)(a)(i) indicate that the
intimation sent under Section 143(1) shall be without prejudice to the
provisions of Sub section. The Legislature intended that, where the
summary procedure under Sub section has been adopted, there should
be scope available for the Revenue, either suo motto or at the instance of
the assessee to make a regular assessment under Sub section of Section
143. The converse is not available; a regular assessment proceeding
having been commenced under Section 143(2), there is no need for a
summary proceeding under Section 143(1)(a).
The entire judicial pronouncement bears Citation No.: 2017-LL-0622 and can
be referred accordingly.
4) Issue Involved: Cancellation of Registration u/s 12AA on the
grounds of misutilization of funds of the trust by the Managing
trustee. Knowledge of the same to the other trustee or no
knowledge, is not material.
Director of Income-Tax (Exemption) v. K. Varma Charitable Trust
– (High Court of Gujarat) – (In favour of Revenue)
Gist of the Case:
1) Respondent-assessee is a Public Charitable Trust enjoying registration
under the Income Tax Act, 1961, which enables the Trust to claim
exemption on the donations received by the Trust. The involvement of
the assessee trust is evident from perusal of the banking transactions
undertaken with its sister concerns, in addition to the misutilisation of
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the bank account of Madhusudan Trust, whether with or without the
approval of the trustees of the Madhusudan Trust. The fact remains that
whether with consent or without, the accounts of Madhusudan have
been used by the Managing Trustee of assessee trust for the enrichment
of his sister concerns which agitates against the spirit of charitable
objects enshrined in the trust deed of the assessee trust. The above
discussion clearly demonstrates that the assessee trust has engaged in
activities which are unbecoming of the charitable nature of the trust and
is against the objects of the trust. In collusion with the sister concern
Trust, the assessee trust created a web of bank transaction leading to
defraud and avoidance to the extent of Rs. 15 lakhs which benefited the
sister concerns.
2) If the Trust had incurred disqualification resulting into withdrawal of its
registration, the same had to be upheld merely because one year had
passed by the time the order was passed, would not gloss-over the past
deeds of the Trust.
3) The Tribunal asked for fresh exanimation of activities of the Trust but
the same was challenged by Revenue as the Assessee Trust was not
carrying out any charitable activity and was involved in misutilisation
of bank account.
4) The Hon‟ble High Court of Gujarat gave the decision in the favour of
Revenue.
The entire judicial pronouncement bears Citation No.: 2017-LL-0608-13 and
can be referred accordingly.
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INDIRECT TAX
GST- India’s Biggest Tax Reform goes live from 1st July,2017.
Important notifications issued in the month of June 2017 are as follows:
Circulars
1. Reopening of GST Portal for Migration of existing taxpayers
and New Registration under GST Act and availability of GST
Registration and Migration services through Aaple Sarkars
Services Centers
The activity of GST data migration and distribution of Provisional Ids and
Access token is in progress since 14th November 2016. The window for GST
migration had been closed on GST Portal from 15-06-2017 midnight.
A) Re-opening of GST Portal:
The GST Portal has reopened from 25th June 2017 for the following services:
1. Migration of existing taxpayers
2. Registration of new taxpayers under GST
3. TDS Registration
4. TCS Registration
5. Registration of OIDBAR
The Registration taxpayers have 3 months‟ time to submit the documents and
information on GST Portal. The Hon‟ble Finance Minister, Government of
India, trade can operate with the Provisional ID which is nothing but GST
Identification Number or GSTIN. Also new taxpayers have 30 days to apply
for registration.
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B) GST Registration and Migration services through Aaple Sarkar‟s Service
Centre:
In order to provide online service facilities of Government to taxpayers,
Government of Maharashtra has given directions to M/S Mahaonline Limited
to activate the Aaple Sarkar‟s Service Centers for GST migration and filing of
new Registration application under GST Act. These service centers has been
made operational for Migration of existing taxpayers and Registration of new
taxpayers under GST Act.
2. Registration under GST Act
The entire clarification in relation to GST has been made available vide Trade
Circular 22T of 2017 dated 23rd June 2017. The circular can be referred from
the link given below:
http://www.mahavat.gov.in/Mahavat/MyFold/KNOWLEDGE%20CENTER/TRADE%20CIRCU
LARS/DateWise/KNOW_TRADEC_DW_MVAT/KNOW_TRADEC_DW_MVAT_06_24_17_1_29_
49PM.pdf
3. Trade Circular No. 24 T of 2017
Setting up Help Desk and facilitation centers for registration under GST
Act
The GST Act will come into force from 1st July 2017. In order to help all the
Tax Payers, Help Desks at all the office locations in Maharashtra were asked
to be set up. This Help Desk will help Tax Payers in filing of registration
applications or completing migration in respect of the existing Tax Payers
under the MVAT and the allied Acts. They will assist the applicant Tax
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Payers in uploading necessary documents and submission of completed
application of registration. The Primary Help Centre for Mumbai needs to be
established at the Second floor, “B” building, Suburban Vikrikar Bhavan,
BKC, Bandra (East), Mumbai.
4. Trade Circular No. 25T of 2017
Distribution of GST Provisional Id and Access Token of Phase 6 dealers
Provisional Ids and Access Token of Phase 6 dealers, are now made available
by GSTN. Dealer can obtain their Provisional Ids from department‟s portal
www.mahavat.gov.in, using their login credentials. The list of all such
dealers is published under “What‟s New” Section on MSTD‟s portal. For
Phase 6, dealers registered up to 15-06-2017 are considered. In addition to this
RC restoration cases as well as PAN amendment cases up to 15-06 2017 are
considered.
The dealers who are not covered in the Phase 6 and have registration either
under Service Tax or Central Excise, are requested to check with respective
department for their Provisional Id and complete the GST Enrollment.
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INDIRECT TAX
SERVICE TAX
Notifications
1. Notification No.18/2017-ST, Dated 22-6-2017:
The return for the period from the 1st day of April, 2017, to the 30th day
of June, 2017, shall be submitted by the 15th day of August, 2017, in
Form 'ST-3' or 'ST-3C', as the case may be.
The revised return for the period from the 1st day of April, 2017, to the
30th day of June, 2017, shall be submitted within a period of forty five
days from the date of submission of the return.
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RBI
1. RBI/2016-17/314
FMRD.FMID No.14/11.01.007/2016-17 Dated 01st June, 2017.
Introduction of Legal Entity Identifier for OTC derivatives markets
The Legal Entity Identifier (LEI) code has been conceived of as a key
measure to improve the quality and accuracy of financial data systems
for better risk management post the Global Financial Crisis. The LEI is a
20-character unique identity code assigned to entities who are parties to
a financial transaction.
It has been decided to implement the LEI system for all participants in
the Over-the-Counter (OTC) markets for Rupee Interest Rate
derivatives, foreign currency derivatives and credit derivatives in India,
in a phased manner. Accordingly, all current and future participants
would be required to obtain the unique LEI code as per time lines
indicated in the attached schedule. Entities without an LEI code would
not be eligible to participate in the OTC derivative markets, after the
date specified in the schedule.
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RBI
Schedule for Implementation of LEI for various entities
Phase Entities
Date by which
the LEI code is
to be obtained
Phase I
Entities regulated by RBI / SEBI / IRDA /
PFRDA and Corporates With Net Worth
above Rs 10000 mn
August 1, 2017
Phase II Corporates With Net Worth between Rs
2000 mn and Rs 10000 mn October 1, 2017
Phase III Corporates With Net Worth between Rs
700 mn and Rs 2000 mn
December 1,
2017
Phase IV Corporates With Net Worth between Rs
700 mn and below March 31, 2018
2. RBI/2016-17/318
DBR.No.Ret.BC.71/12.02.001/2016-17 Dated 7th June, 2017.
Maintenance of Statutory Liquidity Ratio (SLR)
As announced in the Second Bi-Monthly Monetary Policy Statement
2017-18 of the Reserve Bank of India , it has been decided to reduce the
Statutory Liquidity Ratio (SLR) of commercial banks, primary (urban)
co-operative banks (UCBs), state co-operative banks and central co-
operative banks from 20.5 per cent of their Net Demand and Time
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Liabilities (NDTL) to 20.00 per cent from the fortnight commencing June
24, 2017.
Notwithstanding the reduction in the SLR, the ceiling on amount of SLR
securities that can be held under „Held to Maturity‟ category remains
unchanged.
3. RBI/DNBS/2016-17/53
Master Direction DNBS.PPD.No.04/66.15.001/2016-17 Dated 08th June,
2017.
Master Direction - Information Technology Framework for the NBFC
Sector
The NBFC (Non-Banking Finance Company) sector has grown in size
and complexity over the years. As the NBFC industry matures and
achieves scale, its Information Technology /Information Security (IT/IS)
framework, Business continuity planning (BCP), Disaster Recovery (DR)
Management, IT audit, etc. must be benchmarked to best practices.
Accordingly, directions on IT Framework for the NBFC sector that are
expected to enhance safety, security, efficiency in processes leading to
benefits for NBFCs and their customers are enclosed. NBFCs may have
already implemented or may be implementing some of the
requirements indicated in the circular. NBFCs are therefore required to
conduct a formal gap analysis between their current status and
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stipulations as laid out in the circular and put in place a time-bound
action plan to address the gap and comply with the guidelines.
The focus of the proposed IT framework is on IT Governance, IT
Policy, Information & Cyber Security, IT Operations, IS Audit,
Business Continuity Planning and IT Services Outsourcing. The
directions are categorized into two parts, those which are applicable to
all NBFCs with asset size above 500 crore (Considered Systemically
Important) are provided in Section-A. Directions for NBFCs with asset
size below 500 crore are provided in Section-B.
NBFCs may place these directions before their Board, together with a
gap-analysis vis-a-vis the Master Direction and the proposed action by
September 30, 2017.
NBFCs- Systemically Important shall comply with the Master Directions
by June 30, 2018 and other NBFCs (asset size below 500 crore) shall
comply by September 30, 2018.
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RBI
4. RBI/2016-17/321
DBR.No.BP.BC.74/21.06.009/2016-17 Dated 13th June, 2017.
Prudential Guidelines on Capital Adequacy and Market Discipline-
New Capital
Adequacy Framework (NCAF) - Eligible Credit Rating Agencies –
INFOMERICS
Valuation and Rating Pvt Ltd. (INFOMERICS)
In terms of the circular, six domestic credit rating agencies viz. CARE,
CRISIL, FITCH India, ICRA, Brickwork Ratings and SMERA have been
accredited for the purpose of risk weighting the banks' claims for capital
adequacy purposes. The long term and short term ratings issued by
these domestic credit rating agencies have been mapped to the
appropriate risk weights applicable as per the Standardised Approach
under the Basel II Framework.
It has been decided that banks may also use the ratings of the
INFOMERICS Valuation and Rating Pvt Ltd. (INFOMERICS) for the
purpose of risk weighting their claims for capital adequacy purposes in
addition to the existing six domestic credit rating agencies. The rating-
risk weight mapping for the long term and short term ratings assigned
by INFOMERICS will be the same as in case of other rating agencies.
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RBI
5. RBI/2016-17/325
DBR.No.Ret.BC.75/12.07.150/2016-17 Dated 22nd June, 2017.
Exclusion of “The Royal Bank of Scotland N.V.” from the Second
Schedule to the Reserve Bank of India Act, 1934
The Royal Bank of Scotland N.V.” has been excluded from the Second
Schedule to the Reserve Bank of India Act, 1934 vide Notification
DBR.IBD.No.9999/23.13.020/2016-17 dated February 28, 2017, and
published in the Gazette of India (Part III - Section 4) dated May 06 –
May 12, 2017.
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FEMA
1. Notification No. FEMA 23(R)/(1)/2017-RB Dated 23rd June, 2017.
Foreign Exchange Management (Export of Goods and Services)
(Amendment) Regulations, 2017
Regulation: Duplicate Declaration Forms to be retained with Authorised
Dealers
Old: On the realisation of the export proceeds, the duplicate copies of
export declaration forms viz. EDF and SOFTEX and Exchange Control
copies of the shipping bills shall be retained by the Authorised Dealers.
New: On the realisation of the export proceeds, the duplicate copies of
export declaration forms viz. EDF and SOFTEX shall be retained by the
Authorised Dealers. (Exchange control copies deleted.)
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CORPORATE LAW
1. Exemption to Government Companies:
Notification G.S.R. 582(E)-
In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of
section 462 and in pursuance of sub-section (2) of section 462 of the
Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the
Central Government, in the interest of public, hereby amends the notification
of the Government of India, in the Ministry of Corporate Affairs, vide number
G.S.R. 463(E) dated the 5th June, 2015 published in the Gazette of India:
1. The Annual General Meeting can be conducted in such other place
within the city, town or village in which the registered office of the
company is situated or such other place as the Central Government may
approve in this behalf.
2. Section relating to director‟s liable to retire by rotation to Government
company and relating to Independent director‟s appointment shall not
apply to a government company which is not a listed company and
subsidiary of a government company.
http://www.mca.gov.in/Ministry/pdf/ExemptionGovernmentCompanies_1
4062017.pdf
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2. Exemption to Private Companies:
Notification G.S.R. 583(E)-
In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of
section 462 the Central Government, in the interest of public, hereby amends
the notification of the Government of India, in the Ministry of Corporate
Affairs, vide number G.S.R. 464(E) dated the 5th June, 2015 published in the
Gazette of India:
1. The financial statement with respect to One Person Company, Small
Company, Dormant Company and Private Company Cash Flow
statement shall not apply.
2. Prohibition on acceptance of deposits from public section 2 clause a to
shall not apply.
3. In Annual Return small companies are required to disclose aggregate
amount of remuneration drawn by director.
4. For conducting Board Meeting One Person Company, small company,
dormant company and a private company (if such private company is a
start-up) shall conduct at least one meeting of the Board of Directors in
each half of a calendar year and the gap between the two meetings is not
less than ninety days Provided that nothing contained in this sub-
section and in section 174 shall apply to One Person Company in which
there is only one director on its Board of Directors.
http://www.mca.gov.in/Ministry/pdf/ExemptionPrivateCompanies.p
df
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3. Exemption to Section 8 Companies:
Notification G.S.R. 584(E)-
In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of
section 462 and in pursuance of sub-section (2) of section 462 read with section
8 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said
Act), the Central Government, in the interest of public, hereby amends the
notification of the Government of India, in the Ministry of Corporate Affairs,
vide number G.S.R. 466(E) dated the 5th June, 2015 published in the Gazette of
India:
1. Clause relating to having maximum 15 directors in the company shall
not apply.
http://www.mca.gov.in/Ministry/pdf/ExemptionSection8Companies_14062
017.pdf
4. Transmission of Securities by Operation of Law:
Clarity has been sought by stakeholders w.r.t. issue of duplicate shares under
rule 6 (3)(d) of the Investor Education and Protection Fund Authority Rules,
2016. It has been stated that since transfer of shares to IEPF under section 124
(6) of the Companies Act, 2013 read with rules referred to above takes place
on account of operation of law hence the procedure followed during
transmission of shares may be followed in such cases and duplicate shares
need not be issued in such cases.
http://www.mca.gov.in/Ministry/pdf/IEPFGcircular07_05062017.pdf
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5. Companies (Audit and Auditors) Second Amendment Rules,
2017:
In exercise of the powers conferred by section 139 read with sub-sections (1)
and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central
Government hereby makes the following rules further to amend the
Companies (Audit and Auditors) Rules, 2014, namely:
1. The paid up capital limit for rotation of Auditor in case of Private
Company is increased from Rs. 20cr to Rs. 50cr;
http://www.mca.gov.in/Ministry/pdf/CompaniesAuditandAuditorsSecond
AmendmentRules2017.pdf
Allow us to tell you more!
R.C. JAIN & ASSOCIATES LLP Chartered Accountants Website: www.rcjainca.com Head Office: Mumbai - 622-624, The Corporate Centre,
Nirmal Lifestyles, L.B.S. Marg, Mulund (W), Mumbai – 400080. Email: [email protected] Phone: 25628290/91, 67700107
Branch Offices: Bhopal - 302, Plot No. 75 B, First Floor,
Above Apurti Supermarket, Near Chetak Bridge, Kasturba Nagar, Bhopal. Madhya Pradesh– 462 001 Email: [email protected] Phone: 0755-2600646
Aurangabad - Su-Shobha, Plot No.7,
Mitranagar, Behind Akashwani, Near Maratha Darbar Hotel, Aurangabad - 431001. Email: [email protected]
Phone: 0240-2357556