Practicing Company Secretary
1016 Points
Joined May 2012
Dear experts,
Thanks for your valuable comments.
In this connection, I have just one more query.
As per revised Schedule-VI,if a company receives excess share application money, it has to specifically state in the Balance Sheet whether it has sufficient Authorised Capital resulting from allotment of shares against share application money.
In view of the above, can a Pvt. Ltd. Company retain the excess application money till allotment or it has to immediately refund the same ,if its authorised capital is already equal to its Paid-up Capital ? Will it be better to show it as an interest free unsecured advance to be adjusted against Share Capital and obtain a declaration from the shareholders that they will not withdraw the money till allotment.
I shall be much obliged , if you would kindly express your views with reference to the latest provisions of the Companies Act to be read with the Income Tax act.