SECTION 297

1326 views 2 replies

sir,

My company is purchasing goods from one of the Director of the company for which it has non-complied some of the formalities under section 297.

we are buying raw material from our director of the company since 2003-04. the paid up capital of the company was 4.94 crores since 203-04. But we have bought the material at prevailing market price for 1 month credit payment.

We have not filed Form - 24A to ROC since 2003-04 till date. however we have taken consent of Board of Directors.

please tell me there is any escape from this situation.

If we have bought the goods at prevailing market price then can we prove our case by saying that we have taken only one month credit facilty?

What is the meaning of CASH under Section 297(2)(a)?

Whether we are actually a defaulter? If yes, what should we plead to prove our case?

rakes2004 @ gmail.com and auroma9_hd @ yahoo.co.in

I am waiting for your help in this matter....

Thanking you

regards,

Rakesh Srivastava.

 

Replies (2)

The term CASH in the section must be interpreted as including otehr modes od payment like Cheque, bill or hundi which is payable on demand. All these payments would tantamount to payment in cash vide department circular no.8/2(Misc)/75 dated 6 june 1975.

Therefore exemption under sec.297(2) can be availed in this case.

Originally posted by :Radhika
"

If the cheque is received after one month or if it is post-dated, then it cannot be interpreted as for Cash.

The exemption will not be available in such cases.

Terminate the contract and Apply for CG approval as if a fresh contract. Approach CLB u/s.621A for composition of offence. 

"


 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details