CA,CS Robin Sojrani
03 May 2010 at 10:36

Taxability of Director Fees

Rendering of professional services by a non - executive director in his professional capacity does not amount to holding of office or place of profits. However if the services are rendered on regular retainer basis, it would amount to holding of office or place of profit.

Under which head it would be taxable in the hands of director i.e. Other sources (Director Fees) or PGBP(Proffesional Fees)?

Also whether the Reimbursement of expenses incurred by the director for providing the financial service would be taxable in the hands of director?

Also whether the same provisions/principle applies if the director is a Non- Resident?



Anonymous
01 May 2010 at 17:28

opposition of a company name

hi,

i am working for a society which has been registered under society registration act since 1953 and also have trade mark of the socity name.

Somebody got register a Company of same kind under section 25 of the companies in 2008 using my society name.

can i oppose that company under section 22 of companies act in Roc.

if yes can u please suggest me the procedure with appropriate form for the opposition.





Guest
01 May 2010 at 16:45

is clb now nclt?

Hello,
I wanted to ask whehter the COMPANY LAW BOARD is now NCLT- NATIONAL COMPANY LAW TRIBUNAL? What reference should I make in my upcoming June 2010 exams?



Anonymous

The Pvt Ltd Company having a nominee director appointed by the investor company. And there is alternate director for a nominee director. Now the investor company replacing the nominee director.

Now my questions are

whether the alternate director of the 1st nominee director will automatically become a alternate to second director? If not what is procedure for appointing the same person as the alternative director to 2nd nominee director?

Whether I have to file Form 32 for ceasation of alternate director along with the 1st nominee director?




CA Alpesh Tated

Synopsis of COMPANY PROFILE-

There will be an online network or hub of buyers & sellers on my client website.
Buyers & sellers will be registered on my client website by paying registration fees.
The buyer will give his requirement of goods to Co. and the Co. will then search for goods as per buyer's requirement & provide him the comparison of rate & quality of all the goods available from the Seller's database.
The buyer will choose the goods from the comparison chart & the Co. will arrange for home delivery for which a small some is charged extra.

The seller will raise the invoice to Co. & the Co. will raise the Invoice to Buyer's.

Also, there will be income from advertisements on the website of Co.

Initially, the scheme of home delivery is launched for Udaipur, Nathdwara & Kankroli.

The Co. will be free to deal in any goods & services & in any region in future.

Pls. suggest Main Object to be written in Form 1A.


Vikram

Dear Sir,

I am into web hosting and designing business and run my business as a sole proprietor.

Here is a bit details of my business:
1. We design websites and develop applications for both Indian and International clients.
2. We receive payments from International clients via credit card and via paypal.
3 .Also we lease/colocate dedicated servers from India as well as US Vendors. For US servers we either pay using paypal balance or credit card. We then sell hosting on this servers to both Indian and International clients.

We do not have service tax number as our turnover was less then 10 lacs and also we do not deduct TDS as it was not required as we are sole proprietor with no audit required. But this march end we reached the 10 lacs figure and current year will will cross this figure easily.

So instead of getting service tax and TAN number on my propriertorship firm, would u advice me to form a pvt. ltd. company and move my whole business into this company? As the business is growing and having a pvt. ltd. company gives more trust to international and corporate clients, I wanted to go for a pvt. ltd. company. But a few people suggesed that it involves much paper work and much restrictions for payments.

If I form a pvt. ltd. company, what will be the approx. annual charges of all accounting and auditing etc. and what will be the apprx. formation charges? Also as a pvt. ltd. company will there be any restrictions on making payments to international vendors ? When we make payment to international vendors for leasing dedicted servers, do we need to deduct TDS?

Pls suggest and help me decide to get service tax numbers and TAN as sole proprietor or a pvt. ltd. company.




Anonymous
30 April 2010 at 18:10

Query

Sir,

If an additional director of a public unlisted company becomes Whole time director , without appointing him as a director is it possible?
Also, tell me the procedure for his appointment as whole time director in a public unlisted company.

Thanks & Regards,
ACS Preeti


Bhaskaran Chackrapani Warrier
30 April 2010 at 16:31

ROC e-payment.

e-stamp duty (online payment) of incorporation documents could not be made since internet connection failed immediately after paying MCA service fee. Seeks remedy.



Anonymous
30 April 2010 at 16:18

Reason for Delay

We have file Form 25C with ROC which is five years back dated and was not filed till date.

Now, ROC has asked for clarification for delay in filing Forms.

CAn you suggest the sufficient reason for the same.


Padma

What is the procedure for formation of a Foreign Company under Companies Act, 1956? I need to know it from the practical angle nad its pretty urgent. Please help.

Thanks
Padma






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