MY QUERY IS, A PVT. LTD. CO. WHOSE AUDITOR HAS BEEN EXPIRE APPOINT ME AS AUDITOR IN JULY'09, WRONGLY WE HAVE NOT FILE THE FORM 23B IN ROC UPT TO 30TH SEPT. 2009, & NOW WE FILE THE FORM NO. 23B IN IST WEEK OF OCTOBER'2009 IN THIS SITUATION PLEASE TELL US THE STATUS OF PENALTY IF ANY FOR LATE FILLING FORM 23B.

THANKS

CA M.K. JAIN

WE HAVE APPOINTED A AUDITOR IN CASE OF CASUAL VACANCY ARRISE DUE TO DEATH OF PREVIOUS AUDITOR, WRONGLY WE HAVE NOT FILE THE FORM NO. 23B IN TIME & TODAY WE HAVE FILE THE FORM 23B AFTER 30 DAYS PRESCRIBED LIMIT OF RECD. OF APPOINTMENT LETTER, PLEASE CLARIFY THE POSITION IN SUCH SITUATION.

If an asset is procured with payment of Cenvat. For E.g. Cost of Asset 10 Lakh, Cenvat 1 Lakh.
1. Can the asset to be capitalised for 11 Lakh.
a). What is the treatment when Cenvat Credit not availed.

b). What is the treatment when Cenvat Credit availed for Full value of Cenvat Paid.

C). What is the treatment when Cenvat Credit availed Partial in current financial year and remaining in the next financial year.

Iam thanking you all in advance to help me to find solution.

Hi Frendz,

I am confronting difficulty in fillin the 9th clause of Form 5 required to be filed in case of increase in authorised share capital. Can nyone help me out...

Thanks in advance!!!!

In the case of existing auditor, who has been appointed in the last AGM ( held in the year 2008), has submitted his resignation or he has notified in writing his unwillingness to be re-appointed before the next AGM ( to be held in the year 2009.

Was a special notice under section 225 of the Companies Act,1956 is necessary to appoint the new auditor ?

As per Indian companies Act, a company will have authorized share capital. When the company issues shares, a share cetificate will be issued with the details of number of shares and the face value per share. Every further issue if made to the same person will be done in the same procedure as a new investment.

For US companies, the incorporation certificate shows the no. of shares they are authorized to issue. Break up of face value per share is not specified. Now, I got the information that there is no concept of face value per share in US. They don't provide any documentation for the sharecapital issued.

So, I would like to know what is the actual procedure followed in US for issuing shares (to anyone and in particular to Indian companies). If the information received to me is correct, how do they value the share of the share holder in the company.

Can an auditor appointed in EGM? What would be the requirement in case of
A. Private Limited company?
B. Public Limited company ?

Thanks

Ca Subhash Singh

Dear Colleauges,Is there any rule by which a digital signature can be revoked by the MCA?Prescrutny was done without any errors,but on uploading,an error message showing that digital signatures attached were revoked was received.

N was appointed as Additional director of S private ltd.co.on 15th August 2008 in a board meeting and Form 32 & 23 were duly filed in this respect.AGM of S pvt.ltd.was held on 30th September 2008 and N was appointed as director in the AGM,but Form 32 was not filed in connection with the same for change in designation from Additional director to Director.He was designated as an additional director in the Form 20 B filed for the year 2007-08.On 20th September 2009, N was appointed as Managing Director of the company and Form 32 and 23 were duly filed.Is the action regular?Can the Form 32 for change in desigantion from additional director to Director can be validly filed now?
Please reply

In Form 20B, for mentioning the date of signing the Annual Return,

Can we put the date of AGM only, as the system will accept the date ‘on or after the AGM date’?

Please confirm whether I shall put the AGM date as the date of signing the Annual Return.

Experts' views are appreciated.