Ashish
01 May 2020 at 13:54

QUERY ON CFSS

Dear all,

I understand that as per General Circular 25th March 2020 MCA has granted exemption of late fee for moratorium period up to 30th September for all returns statement and forms.

Further , CFSS has been introduced , my query is even if we default in any statutory form which is due on or after 1st April 2020 do we need to do the filing only after applying to CFSS? Or CFSS is applicable for non filing which has been taken place before 31st March 2020.

Further what about those form which do not have filing fee but due dates and penalty provision does any late filing attract penalty for suh non -filing for e.g. MSME Return.

Due to lockdown and non-availability of the data we can not file MSME Return as on 31st March 2020 on due date. what should be our course of action ? I understand CFSS does not cover MSME Return and Section 405 penalty forms?

What if we file it within next few days ? will we able to file form ?

Further




CA ANKIT GADA

Dear Sir,

Prescrutiny Error is coming while uploading Spice+ form on resubmission. Do you have any idea how to resolve this ? Thanks in advance.


Dinesh Dubariya

Company: Private Limited
No. of Directors: 3
Company Incorporated: 01/04/2019
Year closed on 31/03/2020
None of them are appointed as MD/WTD/Manager vide AOA/Board Meeting/GM
But all three worked actively in Company. They are to be given salary/remuneration for 2019-20.
Please explain giving reference to provisions of Companies Act, 2013, how can they be given salary?


Dinesh Dubariya

Dear Sir/Madam,

This query is regarding "Subscriber's proof of payment for value of shares" to be attached in INC-20A. The problem is subscriber has given share capital amount & loan amount together vide a single cheque payment.
So, the bank statement entry is not matching with share capital but it is more than share capital.

Is this allowed under the Companies Act, 2013?
Can this be problem?

Regards,
Dinesh Dubariya


Helper
24 April 2020 at 20:58

Section 2(85) - Small Company

Dear Expert,
The definition of Sec 2(85) says ‘turnover as per profit and loss account for the immediately preceding financial year does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than one hundred crore rupees…”.

So what is the turnover threshold for getting classified as Small Company currently ?
Is it two crore, 100 crore or is there any other amount prescribed by the MCA.
Pls update since the turnover of my client is 5cr as per last year audited FY.


harish
18 April 2020 at 18:21

ROC CHARGE REGISTRTION

Dear Sir,
please guide us
today I gone for Lakshmi Vilas banks statutory audit, in one of the account, the company has not done charge registration which is a mortgage with the banks
The bank's manager version is the assets are the property of the Directors daughter, hence charge registration not required
Pls, confirm that charge registration is mandatory to be made for assets of the company/assets of the Director or any one's assets?
please confirm how to much with the above situation!!



Amit

A Farmer Producer Company is newly incorporated and is continuously receiving share application money from members. How many times in a year, shares can be allotted to members. Is there any restriction with regard to receipt of share application money or issue of shares to its members with whom share application money is received.


Lekha Dattatray Mahindre

Can we utilise share application money before allotment of shares under Rights Issue?


Dipak Joshi

Respected members,

I got a situation where company is required to increase Share Capital to support it's Net Owned Fund, so the company can get RBI Licence to commence it's Business.

Now on MCA Portal is not allowing to file Forms to Increase company's Autohorised Share capital before filing Declaration for commencement of Business in form INC-20A.

If any one know how to resolve this problem please guide.


shilpa
08 April 2020 at 22:02

Freelance Photography

Hi all,
A freelancer photographer earlier a salaried employee in an MNC wants to register himself as a photographer. Following are queries:
1) will it be a profession or business
2) will it be sole proprietorship or LLP ,benefits into consideration, which would be more beneficial.
3) where to register himself, which website
4)will he be requiring trade license
5) will he be requiring GSTIN.
6)REGISTERATION OF TRADEMARK , is it mandatory.

Thanks all.





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