CA Shraddha Vora
19 July 2018 at 16:30

Section 185 of the companies act

As per Amendment in Section 185 of the Companies Act, 2013, a company can provide loan to person in whom director is interested subject to the condition that special resolution for the same is passed. In view of the aforesaid amendment we have the following queries:

1. Whether the shareholders’ approval required is “prior” i.e. before advancing of any loan or “post” i.e. after the grant of loan?

2. In case if the approval to be obtained is post i.e. after the grant of loan, whether the Company can take approval for all loans/guarantees/securities given during the year in the ensuing AGM? (For eg.- Can we obtain approval of shareholders in the AGM to be held in the year 2019 for all the loans/guarantees/ securities given by the Company during the period 7th May, 2018 to 31st March, 2019?)



Anonymous

One of my client is having income from professional fees. The TDS has been deducted at the time of payment but it has yet not been deposited pertaining to p.y. 2017-18. Since the due date is approaching for filing of income tax return, so shall his income tax return be filed with out claiming tds by claiming tds in next year or i should claim tds and file return and don't bother about whether TDS is reflected in Form 26AS.

The company which has deducted TDS is claiming that it would pay but since last 6 months we are following up for TDS Certificate but the company is not responding.

Please guide


ARCHANA

Sir,

I had Purchase Tax invoice ITC not claimed in the month of october 2017 but it is not included in October 2017 GSTR3B, we think we can accept GSTR2 but GSTR 2 Notification Not released, it is showing in GSTR2A view

So, we are claiming ITC Refund and shall I take october 2018 ITC in this month ie July 2018 if we take any problem in Refund and fy wise

Please clarify and if we take which section it is applicable

Thanking you



Anonymous

Sir/Madam
A private Limited Company with 2 directors One director retires and files DIR-11 on 26/04/2018 without intimation. He sends Late intimation to Company on 10/06/2018. New director has been finalized and DIN of new director received now. Company has not filed DIR-12 for appointment of New director nor has it filed cessation of retiring Director yet.
What is the way forward in this matter. What will be the Implications on the Company.
Thanks


shivam jain
19 July 2018 at 13:37

Deduction u/s 80c

DEDUCTION WILL BE THERE , IF LIC PREMIUM IS LESS THAN 10% OF SUM ASSURED .....

IF INSTALLMENT OF LIC IS QUATERLY,,,THEN 10% WILL BE CLACULATED ON WHAT BASIS ???
MEANS YEARLY OR QUATERLY ???


Prem Moolwani

I have a proprietory business. I have filed since last 3 years ITR-4 (Sugam).

In Coloum E-11, regarding partners/members capital. Is it necessary to show Proprietor's Capital or not.

Can I show my LAST THREE YEAR'S PROFIT as Proprietor's capital or not?

Please give me your expert advice.


Chinki Sharan
19 July 2018 at 13:08

Dividend on preference shares

hi

My company has foreign corporate as preference shareholders. we have not paid dividend on the same for 2 continuous years. In terms of sec 47 this non payment will lead to assigning of equal voting rights to the mentioned pref. shareholders.

We do not have adequate profit and also no free reserve. Request you to guide me to resolve the issue.

Thanks and regards!


manoj sonalkar
19 July 2018 at 13:02

Residential status

1. A Ltd.is US based company. A ltd has many subsidiary companies all over.
2. A Ltd has a subsidiary in India - A India P Ltd
3.Mr.X is employee of A Ltd US. He came to India & perform expert services at A India P Ltd.
4.A India P Ltd is not paying anything to Mr.X. nor reimburses his expenditure
5.Mr. X is india for more than 182 days in FY 17-18.
6.In FY 17-18 , Mr.X has only one source of income ie salary from A Ltd. US.

Will salary of Mr.X will be charged to tax in India.



Anonymous
19 July 2018 at 12:53

Variance notice section 143(1)(a)

The notice is about disallowance of expenditure indicated in audit report but not taken into account in computing total income in ITR u/s 143(1)(a)(iv)
.Particulars: As per ITR As per Tax Audit
Report
Inconsistency in amount 0 say 2/- lac
disallowable under section 40(a)(i),
on account of non compliance with the
provisions of chapter xvii-B sec 40
Query: How to rectify this inconsistency? We have mentioned erroneously amount under column of section 40(a)(i) instead of 40(a)(ia)in tax audit report. We have uploaded revised audit report by correctly mentioning amount under column 40(a)(ia). Whether we need to revise ITR also since there is no mistake in ITR.

How to answer the query when the below mentioned 3 options are coming:
1.Agree (file revised ITR return)
2.Partially Agree (file revised ITR return)
3.Disagree (Response).


JITENDRA SINGHVI

ONE OF MY CLIENT WAS DOING JOB IN INDIA TILL AUGUST 2017 AND HE GET TRANSFFERED TO DUBAI FROM SEPTEMBER...WHETHER HIS DUBAI INCOME WILL BE TAXABLE IN INDIA....?





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