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Christine Diaz   12 May 2021

Financial statement showing company in poor light

If the auditor files the financial statement with the ROC, and if it shows company in poor light, what will ROC do?

If Company receives 54 lakhs yearly income. 36 lakhs director salary.

18 lakhs net income .

Taxes for company = gst + company tax = 11 lakhs +4.5 lakhs = 15.5 lakhs

profit after taxes = 2.5 lakhs

Gross income = 54 lakhs

Does this show company in poor light ? Thanks :)

 2 Replies

yasaswi gomes

yasaswi gomes (My grammar is 💯 good I)     12 May 2021

I’m sorry it looks fantastic for an opc or limited partner with no employees. How will they pay salaries with twenty or ten employees? Statement had been wrongly filed. Taxes are so heavy, is it into merchandising? There is a sick companies act 2013. They have to follow those guidelines.

1 Like
yasaswi gomes

yasaswi gomes (My grammar is 💯 good I)     12 May 2021

Ok ROC called this company as sick because the director Ian getting remunerated above the legal law

According to second proviso to section 197(1)(i) of the Act, except with the approval of the company in general meeting, the remuneration payable to any one managing director; or whole time director or manager shall not exceed 5% of the net profits of the company and if there is more than one such director remuneration shall not exceed 10% of the net profits to all such directors and manager taken together. However, in case of these limits can be paid with the approval of the members of the company by passing a special resolution and prior approval of any bank or public financial institution or non-convertible debenture holders or any other secured creditor is also required in case of defaulting company, but subject to the upper limit of  is for public limited. 

Hence, directors remuneration is a good tax planning and a private company director can withdraw any amount. If that company is classified as sick, on what parameters?

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