yashsr
29 March 2012 at 16:05

Preliminary expenses treatment

Hello,

A company was formed in May 2009 and Preliminary Expenses of Rs.13000 was incurred. Share Capital of the Private Limited Company is Rs.1 lac.

The accounts for Financial Year 09-10 were audited by an auditor say named ABC. Preliminary Expenses in that year were not written off both in accounts as also in the Income Tax Return. Now, a new auditor XYZ is appointed for Financial Year 10-11 and its books haven't been audited till date.

What should the new auditor do regarding treatment of Preliminary Expenses? Should he advise the management to write them off completely or just 1/5th?

If completely, what of the following will be the effect in P/L as far as Income tax Return is concerned:
1) 1/5th of 13000 i.e. 2600 will be shown as expense u/s 35D
2) Entire 13000 will be allowed u/s 35D
3) The limit of 13000 is upto 5% of capital employed or 5% of cost of project. Assuming cost of project is negligible, 5% of Capital employed is 5% of 1 lac i.e 5000. So only 1/5th of the same i.e. 1000 will be allowed as expense u/s 35D

Also, is there any chance that the Preliminary Expenses are just carried forward for another year?


CA. Anirban Mukherjee
29 March 2012 at 15:56

Form 23 & 66

A pvt wishes to raise Authorised & paid up capital from 10lacs to 2.5 crores and has passed a ordinary resolution in a EGM fro that:-
1. Is it compulsory for the company to file Form 23?

2. If yes then whether it can be filed after filing Form 5?

3. Is it compulsory for the company to file Form 66?


SATYAJEET
29 March 2012 at 15:46

Company formation

Dear Sirs,

I have 2 queries:

1. How can I check through MCA portal whether a company name is available or not in West Bengal? pls explain.

2. Can I get the following company name for incorporation in West Bengal:
Ambika First Patent Limited.



Anonymous
29 March 2012 at 14:47

Change in name of the company

In case of change in the name of the company, does it requires to write both i.e. previous and current name of the company in all company documents, and if yes than for how much period of time.

Please give your advice



Anonymous
29 March 2012 at 13:33

Paid up capital increase

Dear Experts
I have Pvt.Ltd. Company which has 10 Lakh Authorised Capital
I want to increase paid up capital 1 lakh to 5 lakh
for which what is procedure as per Companies Act
Should we file Form 23 and Form 2
or Only Form 2
Please let me know the Procedure for the same
asap



Anonymous

Dear Sir,
I want to know whether accumulated losses and intangible assets are also reduced from free reserves (i.e.for checking the conditions of 60% of (paid up capital + free reserves) for complying the provisions of Section 372A of the Companies Act, 1956.


Ruma

Hi I completed 4 years & 240 days in my last organisation and then resigned. Am I eligible for gratuity as when I asked HR professional of my company he said completing 5 years is necessary.



Anonymous

hi,

Cud any one guide with respect to the contents of public notice in news paper for Section 25 company?


nidhi agarwal

Sir,
Due to amendment in clause 41 of listing agreement in sub clause (1) (d) format of quarterly results changed so plz can any one provide me format of quarterly results for the quarter ended 31st March 2012.

Regards
Nidhi Agarwal
ACS


Sowmya.S.Balan
28 March 2012 at 22:06

Amalgamtion of an indian pvt ltd co

what are the proceedures for amalgamtion of an indian pvt ltd company with another indian pvt ltd company






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