a company whose main object is trading, has not done any trading business in last 2 years.

co is having surplus fund which it has given to some unreltaed co as ICD @ 17% p.a.

now it is having whole income from interest.

whether there is any restriction with respect to NBFC as it is having income from Interst (100%).

Is sec 295 applicable for a transaction between two public companies?

Ex- A public company (S co Ltd) which is subsidiary co of Holding Company (H co Ltd) pledged shares held by it as security for a loan taken by H Co Ltd. H co ltd & S co ltd have two common directors.
No board approval was taken for this share pledge.

Is it a violation of sec 295. If yes, what is the remedy?

Pls advise

ABC Company - Brief facts of the case:
1. Date of incorporation : 23/05/2006
2. Share Holding pattern of company ABC
XYZ an Indian Company : 49%
PQR an Foreign Company : 51%
3. Receipt of Share Application Money amounting to Rs.20,00,000 on 08/12/2006 from PQR foreign company. The same is being remitted in Indian currency and no foreign currency has been received.
4. The same is also not kept in separate bank account and also used by the company in the normal course of business.
5. Due to some dispute between the Directors no further calls were made and share application money is pending in the books of accounts.
6. The same is being represented in the Balance Sheet of ABC under head “Share Application Money Pending Refund”.
7. During year 2010-11 , XYZ Indian Company has acquired shares of PQR foreign company and thus ABC company is subsidiary to the XYZ Indian Company who held previously 49% of shares.

Issues
M/s ABC is merging with XYZ and following issues needs to be resolved
1. Whether the “Share Application Money pending Allotment” can be forfeited in the current financial year and transfer to Capital Reserve or it is to be transferred to Investor Education Protection Fund?
2. What are the documents to be executed and procedure to be followed for the option as mentioned in 1 above?
3. With regards to Income tax, what should be the accounting treatment? Whether it has to be treated as Capital Receipt or Revenue Receipt.
4. Can the “Share Application Money pending allotment” treated as Long Term Capital gain in respect of cessation of rights as per definition of transfer under Section 2(47).
5. What are the violations under FEMA Act due to non-payment of Share Application Money.


Hope the details are clear.

sir, kya ca final nov 14 attempt ke liye new company bill applicable hai kya

Dear all,

I am working in a mid sized company. One Compliance officer was appointed 1 year back. he is semi qualified person (CS) but he is well experianced in the field. 6 months back the company appointed a company secretary (qualified). He has only 1.5 years experience. A cold war begun between them who capture the authority? The management kept silent and directed the compliance officer to take general admin work. the company is a unlisted public company. the company secretary wants the compliance officer should work under him. but the complinace officer afraid? how to resolve the issue? please help this is very very urgent.

Sir my clients balance sheet for F.Y. 2011-12
have get audited as on 08/07/2013. How to file Form 23AC, 23ACA and 20B and what days for quote for
Due date of AGM
Held date of AGM
Notice date
BOD reports date
to get minimum fine/penaulty

A Pvt Ltd. company is following the policy of writing off its fixed assets in three years from the date of its Purchase. Hence charging depreciation @ 33.33% p.a. on SLM basis.
The first FY for the company was from April 2009 to March 2010. Second FY from April 2010 to March 2011 and Third FY from April 2011 to March 2012.
Now the company intends to change its FY as April to December. And for this purpose the company is preparing Financial Statements for the period April 2012 to Dec 2012.
Now, lets assume if the company had purchased a Fixed Asset in June 2009, its three years are completing in June 2012.
My Query: Whether this particular asset should be written off from the books of Accounts as per policy of the company or the Depreciation should be charged only for the 9 months period from April 2012 to Dec 2012.

What steps is required for sell of private limited company & whats is the steps on buyer point of view & seller point of view?
Please suggest me on the above.

respected experts,

please provide list of compliance to be followed by private company, from 1/april to 31/march. along with due dates,last date, etc.

Sir/ Mam

is there any provision for appointment of polling officers for AGM by Board of Directors?