Hello to All Experts,

We are exporter of services and provide services to foreign client. Earlier we had proprietary concern for the same but later we created private limited company. We had raised some invoices from Private Limited Company but due to some errors payment i.e. remittances got credited into proprietary account. Now what could be the solutions for this.

Is gratuity provisions applicable for the trust ?. If so, there is trustee who worked for almost 20 years. On his retirement will he be paid gratuity ?

Treatment of corporate donations

As per the FCRA act, if a company falls under any of the below 3 category, they should be treated as foreign source

1) A foreign company as defined u/s 2(1) (g) of FCRA, 2010.
Definition of “Foreign Company” under section 2 (1) (g) of FCRA Act 2010 w.e.f 1st May 2011 :
“Foreign company” means any company or association or body of individuals incorporated outside India and includes (i) foreign company within the meaning of section 591of the Companies Act, 1956 (ii) a company which is a subsidiary of foreign company (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause(ii) (iv) a multi-national corporation
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories
OR
2) A foreign subsidiary as u/s 2 (87) of the Companies Act, 2013
Definition of subsidiary as defined under section 2(87) of the Companies Act.
(87) “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company— (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company’s Board of Directors shall be deemed to
be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression “company” includes any body corporate; (d) “layer” in relation to a holding company means its subsidiary or subsidiaries;
OR
3) A Multi-National Corporation as defined u/s 2(1) (g) (iv) FCRA 2010
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories

On the other hand,
As per amendment to Section 2 (1) (j) (vi) in the Finance Act 2016 (and subsequently Finance Act 2018) if a NGO received a donation or a grant from a company which was an Indian company registered under the Indian Companies Act, but, with more than fifty per cent share-holding by foreign investors, such a company was no more considered as “foreign source”.

Hence, the question is, whether the following companies i.e. Apple India Private Ltd, Franklin Templeton Asset Management India P.Ltd, Altico Capital India Pvt.Ltd and DSP Merrill Lynch Ltd fall under the category of Foreign Subsidiary? Or under the amended section2 (1) (j) (vi)

Anil is an employee in xyz company. in tally in which head we have to create anil's ledger???
journal entries we have to pass...
1-
Salary A/c dr
to Anil
Salary due for the month

2-
Anil dr
to bank/cash
salary paid to anil


we create Anil's A/c in which head???

plz guide

Respected Experts,
My sister is suffering from CKD(Chronic kidney disease)..Its a very critical illness where both kidneys stop functioning & one needs dialysis to breathe.The second option is kidney transplant.All this is way too expensive for middle-class people like us..There is an organisation in the US willing to help us ..They start an online petition and pass on whatever donors give for our cause..But I can't open a Paypal account coz Im not a trader/freelancer..this money is like donation..But from foreign land..How can I receive it in India?Are there any provisions..Plz help..I need this money v.v. desperately to save my dying sister..Am grateful to all of u for time and advice..Thanx a lot.

I am practicing chartred accountant since 2013 but unable to do work because of upsc preparation.Now i want come back to profession.So from where i should start.My dad having well established practice as gst taxation consultant.Advice me guys....i want to cover those missing 5 years with no updation or anything.I am thinking of join some audit firm for 8 to 9 months...But wanna to know scope of Ca in gst.

Hello, my articleship will complete be in few months, but my principal will sign Form 108 on a condition, which requires me to sign an MOU (Memorandum of Understanding) that I will have to complete all the works allotted to me, and come to office for the same even if my articleship is complete. Kindly help me out. Is there a way out?

can anyone please assist me with the below query.. Applicability of gst on website building and online marketing..?

dear all. please help me out with this query.as we all know a registered person is not required to pay tax on exempted goods either inward or outward. but in case of supplier under composition scheme dealing in exempted n non exempted goods ...is he required to pay tax on output supply of total sales made during the particular period. I.e is required to pay tax on exempted & non exempted goods both...? kindly revert

hat Category of TDS is applicable on Calibration charges (Noise Level Meter)??Contractor or Professional??