Dear Experts,

In one of the cases , buyer of the property has not paid 1% of transaction amount towards TDS. What can a seller of the property do to claim TDS? Can he officially intimate income tax department about non compliance on buyer's part?

Also will the buyer receive any notice from income tax department for not paying TDS? If yes, within what time? It is already 9 months from date of registration of property.

Regards,

Dear Mam/Sir,

What is the SAC Code for Interest Received from Customer on Late Payment?

Respected Expert

Kindly let me know any chance to start E- Invoicing for exceeding 5 cr turnover w.e.f. 1-4-23 ?

Please provide reply as we are working of ERP system.

Your positive & early response shall be highly appreciated.

Dear Sir

I Have linked pan with aadhar but portal is showing the pan aadhar link status from 10 days. and when i was callijng for OTP , portal saying that link aadhar.

Pls help !!!

Form CSR-2 asks for the financial figures like Net Profit, Turnover and Net Worth which shall correspond to the amount mentioned in AOC-4. My query is do we need to mention SRN of AOC-4 of FY 21-22 or 20-21 for filing related to FY 2021-2022.
The instruction kit to the form is silent on the subject matter. Please suggest.

How To file PRTC return Form IIIB for the month of February 2023 it
showing error ERROR DESCRIPTION Sr. No. Line No. Box Name Error
Description 1 16 To 20 Computation of Professional Tax Enter data only
in March to Jan Column

As per section 149 of the Companies Act, 2013 the maximum no. of directors which can be appointed in a company cannot exceed 15.
Provided that a company may appoint more than fifteen directors after passing a special resolution.

Question No. 1
Can a company specify lower limit (but not less than 3 in case of public company,2 in case of Private Company and 1 in case of OPC) than 15 directors in its articles? If yes, than as per which provision/section it is permissible?
For Example- A public limited company specified in its articles that maximum number of directors shall be 12 in there company. Is it valid to specify lower limit than 15 in the articles? If yes, than as per which provision/section it is permissible?

Question No. 2
Whether the articles of the company can state the maximum limit of directors higher that the statutory maximum limit i.e. 15?
For Example - A public limited company want to specify in its articles that maximum director in the company will be 17. So whether the company can specify maximum number of directors more than 15 in its articles?

Question No. 3
As we know that maximum limit of director in a company can be 15 as per act. More than 15 can be appointed by passing special resolution
So which of these options is correct for appointment of director in ABC Ltd?
Maximum Limit as per Act – 15 Directors
Maximum Limit as per Articles of ABC Ltd. – 13
Number of Existing Directors in ABC Ltd. – 11
Number of New Directors to be appointed in ABC Ltd. – 6
Total Number of Directors in ABC Ltd after appointment of new directors will be – 17(11+6)
Now to appoint new directors in ABC ltd. which of the following option is correct?

Option A –
In General Meeting - 2 Ordinary Resolution will be passed u/s 152(2) to appoint 2 new directors out of the 6 new directors to be appointed as the maximum limit provided in articles of ABC Ltd. is 13 and existing directors are 11 only so 2 new directors can be appointed simply by passing ordinary resolutions.
AND
In General Meeting – 4 Special Resolutions will be passed to appoint remaining 4 new directors out of the 6 new directors to be appointed as the maximum limit provided in the articles is 13 only and we have already appointed 13 directors (11 existing directors + 2 new directors appointed by passing 2 ordinary resolutions in general meeting).

Option B -
Firstly, In General Meeting – 1 Special Resolutions will be passed u/s 14 to alter the articles of ABC Ltd. so that the existing limit of maximum number of directors given in articles of ABC Ltd. as 13 can be altered and changed to maximum number of directors as 17. (This is possible only if it is permissible that articles of company can state the maximum limit of directors higher that the statutory maximum limit i.e. 15).
AND
In General Meeting – 6 Ordinary Resolutions will be passed u/s 152(2) to appoint 6 new directors in the ABC Ltd. (No special resolution will be required to appoint the 6 new directors as the now the articles of the ABC Ltd. has been altered and changed that maximum number of directors which can be appointed in the ABC Ltd. is 17 by passing special resolution in general meeting).

Option C-
Firstly, In General Meeting – 1 Special Resolution will be passed u/s 14 to alter the articles of ABC Ltd. so that the existing limit of maximum number of directors given in articles of ABC Ltd. as 13 can be altered and changed to maximum number of directors as 15. (This is possible when articles of company cannot state the maximum limit of directors higher that the statutory maximum limit i.e. 15).
AND
In General Meeting – 4 Ordinary Resolutions will be passed u/s 152(2) to appoint 4 new directors out of the 6 new directors to be appointed in the ABC Ltd. (No special resolution will be required to appoint the 6 new directors as the now the articles of the ABC Ltd. has been altered and changed that maximum number of directors which can be appointed in the ABC Ltd. is 15 by passing special resolution in general meeting).
AND
In General Meeting – 2 Special Resolutions will be passed to appoint remaining 2 new directors out of the 6 new directors to be appointed in the ABC Ltd. as per proviso of section 149(1) which states that “Provided that a company may appoint more than fifteen directors after passing a special resolution”.

Regards,
Shruti Agarwal

Sir,
A registered regular scheme dealer itc claim difference gstr3b vs gstr2b f y 22-23
Some months itc claim shortfall gstr3b vs gstr2b
Some months itc excess claim gstr3b vs gstr2b .
Question:
Dealer difference gstr3b vs gstr2b itc show in gstr3b for march-23 return compulsory

We exported services without payment of Integrated Tax under Letter of Undertaking as per Section 16 of Integrated Goods and Service Tax Act, 2017 read with Rule 96A & 96B of Central Goods and Service Tax Rules, 2017.

But we could not receive the payment within one year from the date of issue of the invoice for export of services, according to GST provisions related to exports and we have paid the tax i.e IGST along with interest.

Now we received the payment. Please do let us know, how can we claim refund of IGST paid along with Act, Rules and provisions.

Regards
Dinesh

Is e-invoice in GST mandatory for export of services irrespective of turnover? Our Turnover is less than 10 crores in each FY from 2017-18 to current FY.