Anonymous
27 December 2018 at 12:39

Fees of mgt-7 and aoc-4

Sir,
What will be the Total Fee including Late Fee for Filing MGT-7 and AOC-4 of a Private Limited Company for the Financial Year 01/04/2017 - 31/03/2018 having an Authorized Capital of 5,00,000. Whose AGM has been held on 30/09/2018.
If it is filed today i.e. 27/12/2018

Thanks in Advance

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Daivik Shah

We are the statutory auditor of a company X Pvt Ltd and the same company has acquired loan for the purpose of acquisition of shares of the other company say Y Pvt Ltd. These both companies are private company.The X Pvt Ltd has acquired 51% shares in following company. Now my question is whether the X Pvt Ltd will get benefit of deduction of interest paid on such loan u/s 36(1)(iii) of Income Tax act 1961. Please give your comment.

Thank you.

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monosish

Sir, I am registered dealer under GST for sale of goods in West Bengal , besides i have given my vehicles on hire to a GTA ,(though i have not taken registration for that ) , now my question is who will pay GST on transportation service, me or GTA ? and if the service is exempt from GST should i amend my registration ?

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Anonymous

Treatment of corporate donations

As per the FCRA act, if a company falls under any of the below 3 category, they should be treated as foreign source

1) A foreign company as defined u/s 2(1) (g) of FCRA, 2010.
Definition of “Foreign Company” under section 2 (1) (g) of FCRA Act 2010 w.e.f 1st May 2011 :
“Foreign company” means any company or association or body of individuals incorporated outside India and includes (i) foreign company within the meaning of section 591of the Companies Act, 1956 (ii) a company which is a subsidiary of foreign company (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause(ii) (iv) a multi-national corporation
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories
OR
2) A foreign subsidiary as u/s 2 (87) of the Companies Act, 2013
Definition of subsidiary as defined under section 2(87) of the Companies Act.
(87) “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company— (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company’s Board of Directors shall be deemed to
be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression “company” includes any body corporate; (d) “layer” in relation to a holding company means its subsidiary or subsidiaries;
OR
3) A Multi-National Corporation as defined u/s 2(1) (g) (iv) FCRA 2010
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories

On the other hand,
As per amendment to Section 2 (1) (j) (vi) in the Finance Act 2016 (and subsequently Finance Act 2018) if a NGO received a donation or a grant from a company which was an Indian company registered under the Indian Companies Act, but, with more than fifty per cent share-holding by foreign investors, such a company was no more considered as “foreign source”.

Hence, the question is, whether the following companies i.e. Apple India Private Ltd, Franklin Templeton Asset Management India P.Ltd, Altico Capital India Pvt.Ltd and DSP Merrill Lynch Ltd fall under the category of Foreign Subsidiary? Or under the amended section2 (1) (j) (vi)

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Anonymous
20 December 2018 at 20:38

Depriciation under companies act, 2013

Please answer,

FOR DEPRICIATION UNDER COMPANIES ACT, 2013

LED LIGHTS COMES UNDER OFFICE EQUIPMENTS OR ELECTRICAL EQUIPMENTS, ?

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Priyanka Roy
19 December 2018 at 12:50

Tds under gst

We received a invoice for sales promotion which details under below:- value 76000 & gst 13680 total amount is 89680 now because its a sales promotion bill can we have to deduct TDS BEFORE PAYMENT. & how we calculate this is because its a gst bill

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junaid
14 December 2018 at 18:53

How to get c from from old tn vat website

I am unable to download c forms for year 2015 upto 2016 may which is in the OLD TNVAT portal and unfortunately it has been shut down. Is there any way that I can retrieve these forms as the missed out invoices are of large value.
It will be of great help If anyone can guide me through this.

Thanks

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DEVENDRA SINGH
14 December 2018 at 12:49

Not able to download tax audit form 3ca3cd

Dear Sir,
I have downloaded the Java in my laptop still i am not able to download Tax audit form 3CA3CD. I could not identify my mistake.Kindly advise.

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Anonymous
12 December 2018 at 15:12

Disqualification of director u/s 164.

Can a Private / Public Limited Company remove director on the basis of disqualification u/s 164 of the Companies Act, 2013??

and if yes what are the evidence of cessation to be attached to form DIR-12 on MCA?

Please Reply....

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Anonymous
12 December 2018 at 13:15

Gst on catering business

What is the GST rate for industrial catering service provider on contractual basis ?
As per Notification 13/2018 dated 26.07.18 it states 5% of GST
whereas as per AAAR/SS-RJ/12/2018-19 dated 01.11.18, it states 18%

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