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S Ganesh

Note: Our Company is a Startup Company (Pvt Ltd)  with 18 Employees at present.  Our Director asks for suggestions:  1.  Get the EPF registration (or) 2. Contribute to Corporate NPS. 

Question:  1. Which one is Safe (Statutory need Purpose) for the Company in the Future? 2. Which one is better benefits to the employee and employer?   3. For Example Each Employee's Gross Salary is Rs.50,000/-  per month which one is cost-wise effective for the company?

Please guide me and also give your best suggestion.

Thanks.

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keyur

Sir/Madam

I have following queries against Company paid Apprentice Wages paid on monthly basis to our Apprentice joined in the company-

1) Refund claimed for the fy-2022-23 ag.Apprentice Wages paid to the employees
2) Refund claimed for the fy-2023-24 ag.Apprentice Wages paid to the employees

Company can claim refund amount against the Scheme NAPS as well as MATS scheme of Gujarat Govt.??

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Somnath

Dear All
At present , we are using revenue stamp for all cash transaction above Rs 5000/- for West Bengal.

Is there any latest update in Stamp Act regarding this limit ?

Regards

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abhijit majumder

To
The experts
Two companies say A Ltd (transferor Company) merged with B Ltd(transferee Company).
Both are registered under under employees provident fund act .

What will be the procedure under epf act to transfer all the employees of A Ltd to employees of B Ltd.
Kindly advice.
Regards
Abhijit

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CA Chandan Samdani
27 February 2024 at 16:05

PF Registration with company registration

I have applied for company registration but PF establishment number i.e PF registration also generated with the company registration. Is PF registration mandatory for every Private limited company? PF registration are automatically granted with company registration?

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k chakraborty

sec 59(2) of partnership Act states "The firm, which is registered, shall use the brackets and word (Registered) immediately after its name."
But the wording of the section is different than in companies act which says " the name of the company with the last word ―Limited‖ in the case of a public limited company, or the last words ―Private Limited‖ in the case of a private limited company" , notice the difference in "after the name" vs "with last word".
Moreover, the registration certificate of the registrar of firm uses original name without suffix.
Given this do i need to change the name in PAN and GST? note that the PAN is also submitted to registrar at the time of registration. If we don't change our name how would i issue invoice with (registered) after the name? if we don not need such change in invoice when should i use (registered)? in signboard and letter heads only? please advice?

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Shambhavi Sabarish

As per section 36 of Companies Act 2013,

Any person who, either knowingly or recklessly makes any statement, promise or forecast which is false, deceptive or misleading, or deliberately conceals any material facts, to induce another person to enter into, or to offer to enter into:

c) any agreement for, or with a view to, obtaining credit facilities from any bank or financial institution , shall be liable for action under section 447.

Further as per Section 37, a suit may be filed or any other action may be taken under section 34 or section 35 or section 36 by any person, group of persons or any association of persons affected by any misleading statement or the inclusion or omission of any matter in the prospectus .


My questions are the following:

1) Does "statement , promise or forecast" mentioned u/s 36 mean the prospectus or can it be any other statement not being a prospectus? As suit can be filed only if misstatement is related to prospectus as per section 37, so should we assume that this statement given to induce an agreement is prospectus only?

2) Further what does "inducing a person to enter into an agreement for or with a view to obtaining credit facility from a bank" mean? Are we making an agreement with another individual to improve our credit worthiness in order to obtain credit?

3) To make someone liable u/s 447 should the suit be filed only by persons mentioned under section 37 ( that is an investor who was affected by the misstatement in the prospectus) ?

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Shambhavi Sabarish

As per Companies Act, 2013 a company which is a holding or subsidiary or associate of a company incorporated outside India may be required to follow a different financial year for consolidation of its accounts and may apply to Central Government who may allow any period as Financial year whether or not the period is a year. (From ICAI material)
My questions are:

1) Why will an associate company need to consolidate its FS with another company?
2) Why will the Holding company(Foreign company) in India need to follow a financial for its subsidiary outside India? Doesn't the subsidiary always follow the holding company?
2) What is meant by "any period" is taken as a financial year? Will even few months be taken as a year? If so, can any date be the balance sheet date? If an example of this is provided it will really help me .

Thank you .

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deepa iyer
22 August 2023 at 11:28

PF Withdrawal Rejection

Hi Sir,
I tried to withdraw some amount from my PF on 31st July, this morning i got a message that "CLAIM REJECTED PASSBOOK NOT ATTESSTED" in this case should i go to bank & get stamp done on passbook or shall i just sign over my passbook?
Please advise.

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Stephen Marks
16 August 2023 at 11:07

Common path - registered

Respected Experts,

In 2001 we bought a land that showed common path way between other plot. But in 2020 a person has registered the other plot including the common path. Now I have no option for path in front of my land. I dont know what to do

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