Company law query


This query is : Resolved 

(Querist)
01 December 2012 can a public limited Co. take unsecured interest free loan from its shareholders?
is there any compliance requirement under Companies act?
will it be included in minuted of board meeting?

V K Bajaj (Expert)
03 December 2012 Yes

No special compliance please.

But at the time of annual e-filing details should be reflected.

Rakhi (Querist)
03 December 2012 thanks for the reply but confirm me how will it be reflected at the time of annual filing?

V K Bajaj (Expert)
03 December 2012 You will fill up Form 58A.

However, it is advised to check at the time of e-filing if there is any change in procedure.

In the Form 58A the details like Name of Depositor, PAN of Depositor, Address of Depositor, Minimum and Maximum balance during the year, Interest credited or paid, TDS etc.etc.

This is a part of Tax Audit Report so your CA will or should guide.

Rakhi (Querist)
03 December 2012 with due respect your answer but this is a interest free loan then is it required to file form 58A?

V K Bajaj (Expert)
04 December 2012 Basically form 58A is for unsecured fixed deposits so it is to be filled. If no interest then fill ZERO and ZERO as well as in TDS column.

Rakhi (Querist)
04 December 2012 thanks sir, please tell me where i can get this form 58A as this is not shown to the MCA site.

V K Bajaj (Expert)
04 December 2012 Ms Rakhi

You have to compile yourself with the columns as detailed in my first reply. ROC is not concerned with this form.

Further it would be a part of Tax Audit Report Form 3CD. Sr No 24 (b) be visited. Form 58A was the name given to it when manual filing of Return was done.

Now a days Tax Audit Report is not e-filed with any deptt but MUST be kept duly signed by CA.

for further please

contact@vkbajaj.co.in

Rakhi (Querist)
04 December 2012 thank you very much sir, now i got it.


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