References to companies act 2013
This query is : Resolved
25 December 2014
Dear experts,
Marry Christmas!!!
My query is:
The Companies Act 1956 has been replaced by the brand new act 'The Companies Act 2013' so I generally found references of the above old act in other statues for any particular provision say e.g. Income Tax Act 1961
Now how should i deal with these references as the old act is no longer in existence.
Whether the old act will be deemed to be alive to the extent of references contained in other statues or now these references shall be deemed to be made to the new act.
please mention any departmental clarification if any issued in this behalf
25 December 2014
Please reply me experts...
20 July 2025
Merry Christmas! 🎄
Regarding your query on references to the Companies Act, 1956 in other statutes (like the Income Tax Act, 1961), here’s how it generally works:
Repeal of Companies Act, 1956:
The Companies Act, 1956 was repealed and replaced by the Companies Act, 2013, which came into force in phases starting from 2013.
References in other statutes:
Many older statutes and rules still contain references to the Companies Act, 1956 because they were not amended or updated immediately.
Deemed references:
As per legal principles and clarifications by authorities (including the Ministry of Corporate Affairs and CBDT), where references are made to the Companies Act, 1956 in other statutes, those references are to be read as references to the corresponding provisions of the Companies Act, 2013, unless the context requires otherwise or the provision has no counterpart.
Departmental Circulars and Clarifications:
The Ministry of Corporate Affairs (MCA) issued various notifications and circulars clarifying the transition from the Companies Act, 1956 to the Companies Act, 2013.
Income Tax Department has also accepted the references to Companies Act, 1956 to be read as references to Companies Act, 2013 for relevant provisions, especially relating to matters like company status, share capital, etc.
Judicial Interpretation:
Courts have also held that unless explicitly stated otherwise, references to repealed statutes are to be construed as references to the new statute.
Summary:
The Companies Act, 1956 is repealed and no longer in force.
References to the old Act in other laws are generally deemed to mean the corresponding provisions in the Companies Act, 2013.
You should check for updated statutes or notifications, but this is the general accepted practice.
Regarding your query on references to the Companies Act, 1956 in other statutes (like the Income Tax Act, 1961), here’s how it generally works:
Repeal of Companies Act, 1956:
The Companies Act, 1956 was repealed and replaced by the Companies Act, 2013, which came into force in phases starting from 2013.
References in other statutes:
Many older statutes and rules still contain references to the Companies Act, 1956 because they were not amended or updated immediately.
Deemed references:
As per legal principles and clarifications by authorities (including the Ministry of Corporate Affairs and CBDT), where references are made to the Companies Act, 1956 in other statutes, those references are to be read as references to the corresponding provisions of the Companies Act, 2013, unless the context requires otherwise or the provision has no counterpart.
Departmental Circulars and Clarifications:
The Ministry of Corporate Affairs (MCA) issued various notifications and circulars clarifying the transition from the Companies Act, 1956 to the Companies Act, 2013.
Income Tax Department has also accepted the references to Companies Act, 1956 to be read as references to Companies Act, 2013 for relevant provisions, especially relating to matters like company status, share capital, etc.
Judicial Interpretation:
Courts have also held that unless explicitly stated otherwise, references to repealed statutes are to be construed as references to the new statute.
Summary:
The Companies Act, 1956 is repealed and no longer in force.
References to the old Act in other laws are generally deemed to mean the corresponding provisions in the Companies Act, 2013.
You should check for updated statutes or notifications, but this is the general accepted practice.
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