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ANNUAL RETURN UNDER COMPANIES ACT 2013

All types of company, whether having share capital or mandatorily required to file the annual return. Annual return shall contain the particulars as they stood on the close of the finacial year and not on the date of the Annual General Meeting. Signing of Annual return : Annual return is required to be signed by one director along with company secretary and where there is no company secretary by a company secretary in whole time practice. In relation to one person company and small company , the annual return shall be signed by the company secretary or where there is no company secretary, by the director of the company. Certification : In case of the listed company ( irrespective of paid up share capital or turnover) or by a company having paid up share capital of 10 crore rupees or more or turnover of 50 crore rupees or more, the annual return shall be certified by a company secretary in practice and certificate shall be in Form MGT 8. Thus, certification of annual

IS GOVERNMENT COMPANY A GOVERNMENT?

Government company is not a government, as a company from under the Companies Act had an identity of its own. property of government company is not the property of the government. employees of government company are not Government employees. However, as per article 12 of the constitution, the term state includes the government and Parliament of India and the government and the Legislature of each of the states and all local or other authorities within the territory of India or under the control of Government of India.  it is true that the government company is under control of the government. hence, Supreme Court has held that a government company is a state under article 12 of the constitution of India

CAN COMPANY ENTER INTO PARTNERSHIP?

    Yes. A company can enter into a partnership with other  person or company, only if there is some power in its Memorandum  of Association or Articles of Association.  [Circular No. 1-81-CL    V].

HOW TO REGISTER PRIVATE LIMITED COMPANY IN INDIA?

1 . Now an application for reservation of Name can be filed by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32). 2.  After getting the name approved, file  [1] form SPICe+ :  INC-32(Incorporation application). Once the SPICe+ is filled, the same then would have to be converted into pdf format, with just click of a mouse button, for affixing DSC. ATTACHMENTS : 1. MOA and AOA, only in case of Section 8 companies or, any of the first subscribers are based outside India or total subscribers are more than SEVEN. 2.Registered office address proof (Electricity Bill Copy | Telephone Bill), Rent agreement, NOC from the landlord. 3. Copy of Certificate of Incorporation in case subscriber to The proposed company is Foreign Body Corporate. 4. Shareholders Id proof:  Voter Id | PAN card | Adhar Copy 5. Shareholders Address proof: e.g.  Bank Statement (Not older than 2 months) 6. Directors Id proof. 7. Dir

BUDGET 2018: HIGHLIGHTS

1. No change in the Tax rate for Individuals, but for the salaried taxpayer: standard deduction: Rs. 40000/- in lieu of conveyance & medical. 2. Tax exemption for farmer producer companies. 3. Real Estate: 50C/43CA: Hardship minimized 5% difference allowed. 4. Domestic Companies having a total turnover or gross receipts not exceeding 250 Cr during the FY 2016-17 shall be liable to pay tax @ 25% 5. Education cess is being increased from 3 to 4% and now known as Education and Health Cess 6. LTCG exemption u/s 10(38) in respect of listed STT paid shares being withdrawn. However, capital gain up to 31.01.2018 shall not be taxed. Further, the said LTCG shall be exempt up to 1 Lakh, beyond 1 lakh there shall be tax @ 10%. 7. Std deduction of Rs. 40,000 for salaried persons. However, Transport allowance and Medical reimbursement have been withdrawn.

HOW TO REGISTER OR UPDATE DSC(DIGITAL SIGNATURE CERTIFICATE) ON MCA SITE?

Normally, the procedure to register or update DSC is given on MCA (Ministry of Corporate Affairs) site still, you can adopt following tips which may help you: 1. Use Java 8 update 45 or Java 8 update 92 : To check what Java version is stalled in your system, open Java configuration. 2. Use Internet Explorer 11 or above . Then restart your system. It will work. Else, I will help you. just mail me.

WILL “NATIONAL ANTI-PROFITEERING AUTHORITY” SURVIVE IN GST?

Most of us are aware about National Anti-profiteering Authority (“Authority”) under GST but the question is why there is need for this Authority? Its main function is to see whether the benefits of reduction in rates reach to final consumers. It means whenever there is a reduction in rates of Taxes of any commodity/service under GST, the supplier has to reduce the prices of the commodity/service and as a result, thereof their profit remains the same. But the point is in the era of cut-throat competition; price reduction can be automatically decided or determined by the market forces, then why there is need of this new Authority in GST regime. The question as to reduce price or not is more related to the commercial decision of Suppliers. Let me tell you there is already an authority which is Competition Commission of India (“CCI”) which ensure the healthy competition and curb the malpractice such as cartelization, abuse of dominant position or any activity which disturb th