Managing Director - disclosure of interest

Hi,

I would like to draw your kind attention towards proviso to Section 309(1) which reads as follows:

“Provided that any remuneration for services rendered by any such director in any other capacity shall not be so included if –

                        (a)        the services rendered are of a professional nature, and

                        (b)        in the opinion of the Central Government, the director possesses the requisite qualifications for the practice of, the profession.”

Thus on the basis of above provision and in your case such payment to MD shall not be treated as remuneration to director if and only if such the 2 conditions mentioned above fulfill simultaneously.

In proviso to Section 309(1) above you have to file application to CG in order to obtain CG approval.