8/30/2015

CA Final FR AS 15 Employee Benefits Notes with Flowchart

PART – II  ISSUES

Q.1 Revised AS 15, Employee Benefits is applicable from when and applicable to which entities?

Revised AS 15, Employee Benefits was originally to be made applicable in respect of accounting periods commencing on or after April 1, 2006. However, the council of Institute of Chartered Accountants of India, decided to defer the date of applicability of AS 15, by making it applicable for accounting periods commencing on or after December 7, 2006. The Central Government, on 07-12-2006, issued the Companies (Accounting Standard) Rules, 2006.

As per the notified rules, AS 15, (revised) is applicable for all accounting periods commencing on or after 07-12-2006. Thus, for Companies, whose accounting year ends on 31-12-07 or 31-03-08, will have to comply with the revised AS 15.

The AS 15 (revised) issued by the ICAI, has categorised a Level II enterprise as an enterprise which is not a Level I enterprise and whose average number of persons employed during the year is 50 or more. Whereas Level III enterprise is an enterprise which is not a Level I enterprise and whose average number of persons employed during the year is less than 50. Based on the Level of enterprise ICAI had given exemption from the applicability of certain paras of the revised AS 15. However, as companies are now governed by Companies (Accounting Standard) Rules, 2006, the criteria of categorising companies is two only. Small and Medium sized companies (SMC) and Non-Small and Medium sized companies. AS 15 is applicable in entirety to Non-SMC whereas SMC enjoy the following exemptions :

(a) Para 11 to 16 of the AS, to the extent they deal with recognition and measurement of short-term accumulating compensated absences which are non vesting.

(b) Para 46 and 139 of the standard which deal with discounting of amounts that fall due more than 12 months after the balance sheet date.

(c) Paras 50 to 116 dealing with recognition and measurement principles in respect of accounting for defined benefits plans. However, such companies should actually determine and provide for the accrued liability in respect of defined benefits plans using the projected unit credit method and the discount rate used should be determined by reference to market yields at the balance sheet date on Government bonds as per para 78 of the Standard.

(d) Paras 117 to 123 of the Standard dealing with the disclosure requirements in respect of accounting for defined benefit plans, except disclosing actuarial assumptions as per Para 120 (l) of the Standard.

(e) Paras 129 to 131 of the Standard dealing with recognition and measurement principles in respect of accounting for other long-term employee benefits. However, such companies should actuarially determine and provide for the accrued liability in respect of defined benefits plans using the projected unit credit method and the discount rate should be determined by reference to market yields at the balance sheet date on Government Bonds as per Para 78 of the Standard.

Catergorisation of Level II and Level III enterprise as per AS 15 (revised) will apply now only to non-corporate enterprises such as partnership, sole proprietor, co-operatives, trusts, AOP, etc.

Q.2 Viceroy Ltd. pays yearly performance incentive to its employees as well as has a policy to pay long service incentives depending upon number of years service with the company. The above are payable over and above, bonus, gratuity and pension as payable under the statute till 31-03-07. The company was accounting for the same in the year of payment. For accounting year ending 31-03-2008 is provision required?

“Short term employee benefits are employee benefits (other than termination benefits) which fall due wholly within twelve months after the end of the period in which the employees render the related service”. Therefore, payment in nature of yearly performance incentive is in nature of “short term employee benefit” as the same falls due within 12 months after the end of the period in which the employees render the related services. The company should recognise the undiscounted amount of short-term employee benefit i.e. performance incentive as at 31-03-2008 as an expense in the profit and loss statement and as a liability, in the balance sheet.

“Other long term employee benefits are employee benefits (other than post employment benefits and termination benefits) which do not fall due wholly within twelve months after the end of the period in which the employees render the related service”. Payment of long service / stay incentive is in nature of “other long-term employee benefits” as they do not fall due wholly within 12 months after the end of the period in which the employees render the related service. Expense and liability should be recognised by the company. The amount of liability to be recognised, is the present value of the defined benefit obligation at the balance sheet date using the projected unit credit method to determine the related current service cost and past service cost. Since, no provision existed prior to 01-04-2007, the entire amount will be provided as an expense in the profit and loss statement unless otherwise permitted by the transitional provisions for accounting of liability prior to 01-04-2007.

Q.3 Employees of Happy Ltd., are entitled to three types of leave : annual leave (AL); sick leave (SL) and casual leave (CL). CL is credited to employees in April and can be utilised during the financial year and no carry over of the CL is permitted. SL is credited at the rate of 10 days on the first day of April to all employees. There is no limit to the number of SL that can be carried forward. On retirement balance of SL, subject to maximum of 150 days can be encashed. AL is credited based on the number of years of service as follows :


Service less than 5 years Service of 5-10 years Service of 10 -15 years Service of 15 years & above


: 15 days

: 17 days

: 19 days

: 21 days


The maximum number of AL balance that can be carried forward as on 31st March is 250 days. AL is encashable during service upto 50%.

The question for consideration is should the company treat the above as short term employee benefit, or post retirement benefit or other long term employee benefits and whether the company will need to follow differential treatment for AL / SL since part of AL is encashable during service but SL is encashable only on retirement, though both can be availed fully during service.

As Casual Leave (CL) is non-accumulating i.e. it can not be carried forward, they lapse during the current year if not used and do not entitle the employees to a cash payment for unused entitlement on leaving the company. The company recognises no liability or expense for CL which remains unutilised at year end, since they lapse and are not carried forward. Such will also be the case for maternity or paternity leave.

The AL and SL entitlement of the employees of the company can be carried forward for more than twelve months after the end of the period in which employees render the related service, which can be either availed or encashed, as the case may be. Therefore, the benefit arising to the employees on account of AL and SL falls within the category of “other long-term employee benefits”. Since the benefits are not payable after the completion of employment, the same cannot be termed as “Post employment benefits”.

The recognition and measurement of AL and SL should be on actuarial basis using the projected unit credit method. The standard contains detailed requirements in this regard in paragraphs 129 and 130. However, their measurement basis may be different which should be taken care of in the actuarial valuation.

Q.4 Highprofits Ltd. has a profit-sharing plan with its employees, whereby 3% of profits is paid to employees who remain with the company throughout the year and till the date of payment i.e. till 30th September. Such scheme is also extended to contract employees. Uptil now Highprofits Ltd. was debiting the expense in the year of payment. Will the position change after revised AS 15 comes into force, for the year ending 31st March 2008?

As per AS 15 (revised), an enterprise should recognise the expected cost of Profit-sharing and bonus, when and only when;

(a) the enterprise has a present obligation to make such payments as a result of past events and

(b) a realiable estimate of the obligation can be made.

A present obligation exists, when, and only when, the enterprise has no realistic alternative but to make the payments.

Based on above, Highprofits Ltd., for the year ending 31st March 2008, will have to recognise a provision for profit-sharing payable to employees assuming (considering the probability factor that some employees may leave the company without receiving profit-sharing payments.

As per the standard, full-time, part-time, permanent, casual or temporary employees are also covered. Employees would also include whole-time directors or other Management Personnel. Since, persons taken through contract are termed and construed as employees of the company, Highprofits Ltd., will also have to provide for the profit sharing payable to such contract employees, assuming that some contract employees may leave without receiving profit-sharing payments. Thus, in case of contract employees, all employee benefits such as short-term employee benefits, post-employment benefits, other long-term employee benefits as well as termination benefits will have to be accounted on accrual basis as per requirement of AS 15 (revised) and not on payment basis.

Q.5 Spectrum Ltd.’s, Employees Provident Fund is administered and managed by Spectrum Ltd. However, the rate of interest on Provident Fund is linked with the rate payable on Government Provident Fund. Spectrum Ltd. has guaranteed to compensate for the deficiency in the form of additional contribution, should the interest return on investments be less than interest payable as declared by the government managed Provident Fund. Would such plan be considered as defined contribution or defined benefit and what would be the consequences on Spectrum Ltd., if the same is considered as defined benefit plan?

Provident Fund is a Post-employment benefit. Post employment benefits are classified as either defined contribution plan or defined benefit plan. Under defined contribution plans, the enterprise’s obligation is limited to the amount that it agrees to contribute to the fund, as a consequence the actuarial risk and investment risk fall on the employee; whereas, under defined benefit plan, the enterprise’s obligation is to provide the agreed benefits and the actuarial risk and investment risk fall on the enterprise.

Thus, in case of Spectrum Ltd., though contributions in form of Provident Fund is defined i.e. a percentage of salary, the contribution it agrees to pay to meet the interest shortfall makes the plan a defined benefit plan in accordance with the requirements of paragraph 26(b) of the AS 15. Spectrum Ltd. needs to actuarially value the difference in interest earnings as a result of difference between guaranteed rate of interest and actual rate of interest being earned. The differential will relate to future term of existing liabilities on valuation date i.e. say 31st March, 2008

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8/29/2015

CA Final all Accounting Standards Summary for Nov 2015.

ALL ACCOUNTING STANDARDS
Accounting Standards are the defined accounting policies issued by Government or expert institute. These standards are issued to bring harmonization in follow up of accounting policies.
Presently, Institute of Chartered Accountants of India has issued 29 Accounting Standards as listed below.


AS 01. Disclosure of Accounting Policies
AS 02. Valuation of Inventories
AS 03. Cash Flow Statements
AS 04. Contingencies and Events Occurring After the Balance Sheet Date
AS 05. Net Profit or Loss for the Period, Prior Period Items and Changes in Accounting Policies
AS 06. Depreciation Accounting
AS 07. Construction Contracts
AS 08. Accounting for Research and Development (Not Applicable now)
AS 09. Revenue Recognition
AS 10. Accounting for Fixed Assets
AS 11. Accounting for the Effects of Changes in Foreign Exchange Rates
AS 12. Accounting for Government Grants
AS 13. Accounting for Investments
AS 14. Accounting for Amalgamation
AS 15. Accounting for Retirement Benefits in the financial Statements of Employers
AS 16. Borrowing Costs
AS 17. Segment Reporting
AS 18. Related Party Disclosure
AS 19. Leases
AS 20. Earning Per Share
AS 21. Consolidated Financial Statements
AS 22. Accounting for Taxes on Income
AS 23. Accounting for Investments in Associates in Consolidated Financial Statements
AS 24. Discontinuing Operations
AS 25. Interim Financial Reporting
AS 26. Intangible Assets
AS 27. Financial Reporting of Interests in Joint Ventures
AS 28. Impairment of Assets
AS 29. Provisions, Contingent Liabilities & Contingent Assets
Procedure for Issuing Accounting Standards

Accounting Standard Board (ASB) determines the broad areas in which Accounting Standards need to be formulated.



In the preparation of AS, ASB is assisted by Study Groups.




ASB also holds discussions with representative of Government, Public Sector Undertakings, Industry and other organizations (ICSI/ICWAI) for ascertaining their views.

An exposure draft of the proposed standard is prepared and issued for comments by members of ICAI and the public at large.

After taking into consideration the comments received, the draft of the proposed standard will be finalized by ASB and submitted to the council of the Institute.

The council of the Institute will consider the final draft of the proposed Standard and If found necessary, modify the same in consultation with ASB. The AS on the relevant subject will then be issued under the authority of the council.



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8/27/2015

Professional Tax Slabs State wise

Professional Tax Slabs State wise 
Professional Tax Rates State wise 

Andhra Pradesh & Telangana
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 15,000/- Nil
Rs 15,001-Rs 20,000/- Rs 150
Rs 20,001/- or Above Rs 200

Assam
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 10,000/- Nil
Rs 10,001- Rs 14,999/- Rs 150
Rs 15,000- Rs 24,999/- Rs 180
Rs 25,000/- or Above *Rs 208 & 212
*Professional Tax is payable @Rs 208 for first 11 months and Rs 212 in the last month.

Bihar
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 25,000/- Nil
Rs 25,001-Rs 41,666/- Rs 83.33
Rs 41,667-Rs 83,333/- Rs 166.67
Rs 83,334/- or Above Rs 208.33

Chattisgarh
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 12,500/- Nil
Rs 12,501-Rs 16,667/- Rs 150
Rs 16,668-Rs 20,833/- Rs 180
Rs 20,834-Rs 25,000/- Rs 190
25,001/- or Above Rs 200

Gujarat
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 5,999/- Nil
Rs 6,000-Rs 8,999/- Rs 80
Rs 9,000-Rs 11,999/- Rs 150
Rs 12,000/- or Above Rs 200

Jharkhand
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 25,000/- Nil
Rs 25,001-Rs 41,666/- Rs 100
Rs 41,667-Rs 66,666/- Rs 150
Rs 66,666-Rs 83,333/- Rs 175
Rs 83,334/- or Above *Rs 208
*Professional Tax is payable @Rs 208 for first 11 months and Rs 212 in the last month.

Karnataka
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 15,000/- Nil
Rs 15,001/- or Above Rs 200

Kerala
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 1,999/- Nil
Rs 2,000- Rs 2,999/- Rs 20(120)
Rs 3,000- Rs 4,999/- Rs 30(180)
Rs 5,000- Rs 7,499/- Rs 50(300)
Rs 7,500- Rs 9,999/- Rs 75(450)
Rs 10,000- Rs 12,499/- Rs 100(600)
Rs 12,500- Rs 16,666/- Rs 125(750)
Rs 16,667- Rs 20,833/- Rs 166(1000)
Rs 20,884/- or Above Rs 208(1250)
Payable Semi Annually. In bracket Professional Tax payable Semi Annually is mentioned.

Madhya Pradesh
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 12,500/- Nil
Rs 12,501-Rs 14,999/- Rs 125
Above Rs 15,000/- *Rs 208 & Rs 212
*Madhya Pradesh levies Professional Tax @ Rs 208 for 11 months and Rs 212 for the last
month.

Maharashtra
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 7,500/- Nil
Rs 7,501-Rs 10,000/- Rs 175
Above Rs 10,001/- *Rs 200 & Rs 300
*Maharashtra Government levies Professional Tax @ Rs 200 for 11 months and Rs 300
for the last month.
**Women who earn Salary up to Rs 10,000/- per month are exempted from paying
Professional Tax.

Meghalaya
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 4,166/- Nil
Rs 4,167- Rs 6,250/- Rs 16.50
Rs 6,251- Rs 8,333/- Rs 25
Rs 8,334- Rs 12,500/- Rs 41.50
Rs 12,501- Rs 16,666/- Rs 62.50
Rs 16,667- Rs 20,833/- Rs 100
Rs 20,834- Rs 25,000/- Rs 125
Rs 25,001/- or Above *Rs 208 & Rs 212
*Professional Tax is payable @Rs 208 for first 11 months and Rs 212 in the last month.

Orissa
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 13,304/- Nil
Rs 13,305- Rs 25,000/- Rs 125
Rs 25,001/- or Above *Rs 200 & Rs 300
*Professional Tax will be payable @ Rs 200 for first 11 months and Rs 300 in the last
month.

Tamil Nadu
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 3,500/- Nil
Rs 3,501-Rs 5,000/- Rs 16.66(100)
Rs 5,001-Rs 9,000/- Rs 40 (235)
Rs 9,001-Rs 10,000/- Rs 85(510)
Rs 10,001-Rs 12,500/- Rs 126.67(760)
Above Rs 12,501/- Rs182.50 (1095)
Collectible Semi- Annually. In bracket Professional Tax payable Semi Annually is
mentioned.

Tripura
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 5,000/- Nil
Rs 5,001- Rs 7,000/- Rs 70 (420)
Rs 7,001- Rs 9,000/- Rs 120(720)
Rs 9,001- Rs 12,000/- Rs 140(840)
Rs 12,001- Rs 15,000/- Rs 190(1140)
Rs 15,001/- or Above Rs 2496(208)
Collectible Semi-Annually. Amount given in bracket is the Professional Tax payable Semi
Annually.



West Bengal
Monthly Salary Professional Tax Levied (P.M)
Up to Rs 8,500/- Nil
Rs 8,501-Rs 10,000/- Rs 90
Rs 10,001-Rs 15,000/- Rs 110
Rs 15,001-Rs 25,000/- Rs 130
Rs 25,001-Rs 40,000/- Rs 150
Above Rs 40,001/- Rs 200

For Below States and Union Territories where Professional Tax is Not Applicable

Arunachal Pradesh
Andaman & Nicobar
Chandigarh
Dadra & Nagar Havelli
Daman & Diu
Delhi
Goa
Haryana
Himachal Pradesh
Jammu & Kashmir
Lakshadweep
Nagaland
Punjab
Rajasthan
Uttaranchal
Uttar Pradesh
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8/22/2015

Income Tax Calculator for Individual, Company & Firm for AY 2016-17 in Excel free

Version 5 Income Tax Calculator - Individual, Company & Firm Following type Income Calculate Tax for Assesment Year 2016-17 & Financial Year 2015 -16 
Also Its include 2015- 16 AY Tax calculator




1) Salary income 
2) House property 
3) PGBP Income 
4) Capital gain:- :- U/s 111A :- U/s 112 and Normal capital gain 
5) Other source income 
6) Agriculture income Interest calculate Under section 234A, 234B and 234C Also HRA Calculation & Advance Tax Calculator
 AND MANY FEATURES DONT MISS
Credits: Rahul Roshan

CLICK BELOW LINKS TO DOWNLOAD INCOME TAX CALCULATOR FOR AY 2016-17 IN EXCEL FORMAT FREE
LINK 1
LINK 2

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CMA format for Bank Loans in Excel format free

1. Gross Sales i) Domestic Sales ii) Export Sales TOTAL SALES 2. Less Excise duty - 3. NET SALES - 4. % age rise or fall in net sales as compared to previous year 5. COST OF SALES i) Raw materials(including stores & other items used in the process of manufacture a. Imported b. Indigenous SUB - TOTAL ii) Other spares a. Imported b. Indigenous SUB - TOTAL iii) Power & fuel iv) Direct labour (factory wages & salaries) v) other mfg expenses vi) Depreciation SUB - TOTAL ADD: Opening stocks in process LESS: Closing stocks in process - COST OF PRODUCTION = = NAME OF THE COMPANY : = - - PARTICULARS - ADD: Opening stocks of F.Goods LESS: Closing stocks of F.Goods TOTAL COST OF SALES 6. Selling, general & administrative expences 7. SUB TOTAL (5+6) 8. OPERATING PROFIT before Interest 9. Interest 10. OPERATING PROFIT after Interest 11. i) Add other non operating income a. Exchange gain b. Other Misc. Income SUB TOTAL (income) ii) Deduct other non- operating expences a. MTM Loss/FCCB Reinstatement b. Prov. For bad debt c. Others SUB TOTAL (expenses) Net of other non operating income/expenses 12. PROFIT BEFORE TAX/LOSS 13. Provision for taxes - 14. NET PROFIT/LOSS - 15. a. Equity dividend paid b. Dividend rate 16. Retained profit 17. Retained profit/Net Profit (%) =



ANALYSIS OF BALANCE SHEET = NAME OF THE COMPANY = - PARTICULARS - LIABILITIES =========== CURRENT LIABILITIES ------------------- 
1. Short term borrowings from banks (inclg. BP/BD and the excess borrowings placed on repayment basis but exclude bills drawn under LCs) i) From applicant bank ii) From other banks iii) (of which BP & BD ) - SUB TOTAL (A) - 2. Short term borrowings from others /ICDs taken 3. Sundry creditors (trade) 4. Advances payments from customers, deposits from dealers 5. Provision for taxes 6. Dividend payable 7. Other statutory liabilities (due within one year) 8. Deposits/Instalments of term loans/DPGs/debentures etc (due within one year) 9. Other current liabilities & provisions(due within one year) specify major items a. Other liab. & provisions b. ;Advertisement c miscellaneous -

Dont get confusion, just download below attachment. and enjou\y feature

CLICK HERE TO DOWNLOAD CMA FORMAT FOR BANK LOANS EXCEL FILE
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Memory Chart of Company Act 2013

Chapter I
(1-2)PRELIMINARY
1. Short title, extent, commencement and application.
2. Definitions.
Companies (Specification of definitions details) Rules, 2014
Chapter II(3-22)
INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO
3. Formation of company.
4. Memorandum.
5. Articles.
6. Act to override memorandum, articles, etc.
7. Incorporation of company.
8. Formation of companies with charitable objects, etc.
9. Effect of registration.
10. Effect of memorandum and articles.
11. Commencement of business, etc.
12. Registered office of company.
13. Alteration of memorandum.
14. Alteration of articles.
15. Alteration of memorandum or articles to be noted in every copy.
16. Rectification of name of company.
17. Copies of memorandum, articles, etc., to be given to members.
18. Conversion of companies already registered.
19. Subsidiary company not to hold shares in its holding company.
20. Service of documents.
21. Authentication of documents, proceedings and contracts.
22. Execution of bills of exchange, etc
Companies (Incorporation) Rules, 2014
Chapter III(23-42)

PROSPECTUS AND ALLOTMENT OF SECURITIES
PART I.—Public offer
23. Public offer and private placement.
24. Power of Securities and Exchange Board to regulate issue and transfer of securities, etc.
25. Document containing offer of securities for sale to be deemed prospectus.
26. Matters to be stated in prospectus.
27. Variation in terms of contract or objects in prospectus
28. Offer of sale of shares by certain members of company.
29. Public offer of securities to be in dematerialised form.
30. Advertisement of prospectus.
31. Shelf prospectus.
32. Red herring prospectus.
33. Issue of application forms for securities.
34. Criminal liability for mis-statements in prospectus.
35. Civil liability for mis-statements in prospectus.
36. Punishment for fraudulently inducing persons to invest money.
37. Action by affected persons.
38. Punishment for personation for acquisition, etc., of securities.
39. Allotment of securities by company.
40. Securities to be dealt with in stock exchanges.
41. Global depository receipt.
PART II.—Private placement
42. Offer or invitation for subscription of securities on private placement.
Companies (Prospectus and Allotment of Securities) Rules, 2014
Chapter IV (43-72)

SHARE CAPITAL AND DEBENTURES
43. Kinds of share capital.
44. Nature of shares or debentures.
45. Numbering of shares.
46. Certificate of shares.
47. Voting rights.
48. Variation of shareholders' rights.
49. Calls on shares of same class to be made on uniform basis.
50. Company to accept unpaid share capital, although not called up.
51. Payment of dividend in proportion to amount paid-up.
52. Application of premiums received on issue of shares.
53. Prohibition on issue of shares at discount.
54. Issue of sweat equity shares.
55. Issue and redemption of preference shares.
56. Transfer and transmission of securities.
57. Punishment for personation of shareholder.
58. Refusal of registration and appeal against refusal.
59. Rectification of register of members.
60. Publication of authorised, subscribed and paid-up capital.
61. Power of limited company to alter its share capital.
62. Further issue of share capital.
63. Issue of bonus shares.
64. Notice to be given to Registrar for alteration of share capital.
65. Unlimited company to provide for reserve share capital on
conversion into limited company.
66. Reduction of share capital.
67. Restrictions on purchase by company or giving of loans by it for
purchase of its shares.
68. Power of company to purchase its own securities.
69. Transfer of certain sums to capital redemption reserve account.
70. Prohibition for buy-back in certain circumstances.
71. Debentures.
72. Power to nominate.
Companies (Share Capital and Debentures) Rules, 2014
Chapter V(73-76)
ACCEPTANCE OF DEPOSITS BY COMPANIES
73. Prohibition on acceptance of deposits from public.
74. Repayment of deposits, etc., accepted before commencement of this Act.
75. Damages for fraud.
76. Acceptance of deposits from public by certain companies.
Companies (Acceptance of Deposits) Rules, 2014
Chapter VI (77-87)
REGISTRATION OF CHARGES
77. Duty to register charges, etc.
78. Application for registration of charge.
79. Section 77 to apply in certain matters.
80. Date of notice of charge.
81. Register of charges to be kept by Registrar.
82. Company to report satisfaction of charge.
83. Power of Registrar to make entries of satisfaction and release in absence of intimation from company.
84. Intimation of appointment of receiver or manager.
85. Company's register of charges.
86. Punishment for contravention.
87. Rectification by Central Government in register of charges.
Companies (Registration of Charges) Rules, 2014
Chapter VII (88-122)
MANAGEMENT AND ADMINISTRATION
88. Register of members, etc.
89. Declaration in respect of beneficial interest in any share.
90. Investigation of beneficial ownership of shares in certain cases.
91. Power to close register of members or debenture holders or other security holders.
92. Annual return.
93. Return to be filed with Registrar in case promoters' stake changes.
94. Place of keeping and inspection of registers, returns, etc.
95. Registers, etc., to be evidence.
96. Annual general meeting.
97. Power of Tribunal to call annual general meeting.
98. Power of Tribunal to call meetings of members, etc.
99. Punishment for default in complying with provisions of sections
96 to 98.
100. Calling of extraordinary general meeting.
101. Notice of meeting.
102. Statement to be annexed to notice.
103. Quorum for meetings.
104. Chairman of meetings.
105. Proxies.
106. Restriction on voting rights.
107. Voting by show of hands.
108. Voting through electronic means.
109. Demand for poll.
110. Postal ballot.
111. Circulation of members' resolution.
112. Representation of President and Governors in meetings.
113. Representation of corporations at meeting of companies and of creditors.
114. Ordinary and special resolutions.
115. Resolutions requiring special notice.
116. Resolutions passed at adjourned meeting.
117. Resolutions and agreements to be filed.
118. Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot.
119. Inspection of minute-books of general meeting.
120. Maintenance and inspection of documents in electronic form.
121. Report on annual general meeting.
122. Applicability of this Chapter to One Person Company.
Companies (Management and Administration) Rules, 2014
Chapter VIII (123-127)

DECLARATION AND PAYMENT OF DIVIDEND
123. Declaration of dividend.
124. Unpaid Dividend Account.
125. Investor Education and Protection Fund.
126. Right to dividend, rights shares and bonus shares to be held in
abeyance pending registration of transfer of shares.
127. Punishment for failure to distribute dividends.
Companies (Declaration and Payment of Dividend) Rules, 2014
Chapter IX (128-138)
ACCOUNTS OF COMPANIES
128. Books of account, etc., to be kept by company.
129. Financial statement.
130. Re-opening of accounts on court's or Tribunal's orders.
131. Voluntary revision of financial statements or Board‘s report.
132. Constitution of National Financial Reporting Authority.
133. Central Government to prescribe accounting standards.
134. Financial Statement, Board's report, etc.
135. Corporate Social Responsibility.
136. Right of member to copies of audited financial statement.
137. Copy of financial statement to be filed with Registrar.
138. Internal Audit.
Companies (Accounts) Rules, 2014
Rules for CSR Under Section135
Forms for Chapter IX
Chapter X (139-148)
AUDIT AND AUDITORS
139. Appointment of auditors.
140. Removal, resignation of auditor and giving of special notice.
141. Eligibility, qualifications and disqualifications of auditors.
142. Remuneration of auditors.
143. Powers and duties of auditors and auditing standards.
144. Auditor not to render certain services.
145. Auditors to sign audit reports, etc.
146. Auditors to attend general meeting.
147. Punishment for contravention.
148. Central Government to specify audit of items of cost in respect of certain companies.

Companies (Audit and Auditors) Rules, 2014
Forms for Chapter X
Chapter XI (149-172)



APPOINTMENT AND QUALIFICATIONS OF DIRECTORS
149. Company to have Board of Directors.
150. Manner of selection of independent directors and maintenance of data bank of independent directors.
151. Appointment of director elected by small shareholders.
152. Appointment of directors.
153. Application for allotment of Director Identification Number.
154. Allotment of Director Identification Number.
155. Prohibition to obtain more than one Director Identification Number.
156. Director to intimate Director Identification Number.
157. Company to inform Director Identification Number to Registrar.
158. Obligation to indicate Director Identification Number.
159. Punishment for contravention.
160. Right of persons other than retiring directors to stand for directorship.
161. Appointment of additional director, alternate director andnominee director.
162. Appointment of directors to be voted individually.
163. Option to adopt principle of proportional representation for appointment of directors.
164. Disqualifications for appointment of director.
165. Number of directorships.
166. Duties of directors.
167. Vacation of office of director.
168. Resignation of director.
169. Removal of directors.
170. Register of directors and key managerial personnel and their shareholding.
171. Members' right to inspect.
172. Punishment.
Companies Appointment and Qualification of Directors) Rules, 2014
Chapter XII (173-195)

MEETINGS OF BOARD AND ITS POWERS
173. Meetings of Board.
174. Quorum for meetings of Board.
175. Passing of resolution by circulation.
176. Defects in appointment of directors not to invalidate actions taken.
177. Audit committee.
178. Nomination and remuneration committee and stakeholders relationship committee.
179. Powers of Board.
180. Restrictions on powers of Board.
181. Company to contribute to bona fide and charitable funds, etc.
182. Prohibitions and restrictions regarding political contributions.
183. Power of Board and other persons to make contributions to national defence fund, etc.
184. Disclosure of interest by director.
185. Loan to directors, etc.
186. Loan and investment by company.
187. Investments of company to be held in its own name.
188. Related party transactions.
189. Register of contracts or arrangements in which directors are interested.
190. Contract of employment with managing or whole-time directors.
191. Payment to director for loss of office, etc., in connection with
transfer of undertaking, property or shares.
192. Restriction on non-cash transactions involving directors.
193. Contract by One Person Company.
194. Prohibition on forward dealings in securities of company by
director or key managerial personnel.
195. Prohibition on insider trading of securities.
Companies (Meetings of Board and its Powers) Rules, 2014
Chapter XIII(196-205)

APPOINTMENT AND REMUNERATION OF MANAGERIAL PERSONNEL
196. Appointment of managing director, whole-time director or manager.
197. Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits.
198. Calculation of profits.
199. Recovery of remuneration in certain cases.
200. Central Government or company to fix limit with regard to remuneration.
201. Forms of, and procedure in relation to, certain applications.
202. Compensation for loss of office of managing or whole-time director or manager.
203. Appointment of key managerial personnel.
204. Secretarial audit for bigger companies.
205. Functions of company secretary.
Companies (Appointment and Remuneration of Managerial
Personnel) Rules, 2014
Chapter XIV (206-229)

INSPECTION, INQUIRY AND INVESTIGATION
206. Power to call for information, inspect books and conduct inquiries.
207. Conduct of inspection and inquiry.
208. Report on inspection made.
209. Search and seizure.
210. Investigation into affairs of company.
211. Establishment of Serious Fraud Investigation Office.
212. Investigation into affairs of company by Serious Fraud Investigation Office.
213. Investigation into company's affairs in other cases.
214. Security for payment of costs and expenses of investigation.
215. Firm, body corporate or association not to be appointed as inspector.
216. Investigation of ownership of company.
217. Procedure, powers, etc., of inspectors.
218. Protection of employees during investigation.
219. Power of inspector to conduct investigation into affairs of related companies, etc.
220. Seizure of documents by inspector.
221. Freezing of assets of company on inquiry and investigation.
222. Imposition of restrictions upon securities.
223. Inspector's report.
224. Actions to be taken in pursuance of inspector's report.
225. Expenses of investigation.
226. Voluntary winding up of company, etc., not to stop investigation proceedings.
227. Legal advisers and bankers not to disclose certain information.
228. Investigation, etc., of foreign companies.
229. Penalty for furnishing false statement, mutilation, destruction of documents.
Companies (Inspection, Investigation and Inquiry) Rules, 2014
Chapter XV (230-240)

COMPROMISES, ARRANGEMENTS AND AMALGAMATIONS
230. Power to compromise or make arrangements with creditors and members.
231. Power of Tribunal to enforce compromise or arrangement.
232. Merger and amalgamation of companies.
233. Merger or amalgamation of certain companies.
234. Merger or amalgamation of company with foreign company.
235. Power to acquire shares of shareholders dissenting from scheme or contract approved by majority.
236. Purchase of minority shareholding.
237. Power of Central Government to provide for amalgamation of companies in public interest.
238. Registration of offer of schemes involving transfer of shares.
239. Preservation of books and papers of amalgamated companies.
240. Liability of officers in respect of offences committed prior to merger, amalgamation, etc.
Chapter XVI (241-246)

PREVENTION OF OPPRESSION AND MISMANAGEMENT
241. Application to Tribunal for relief in cases of oppression, etc.
242. Powers of Tribunal.
243. Consequence of termination or modification of certain agreements.
244. Right to apply under section 241.
245. Class action.
246. Application of certain provisions to proceedings under section
241 or section 245.
Chapter XVII(247)
REGISTERED VALUERS
247. Valuation by Registered Valuers.
Chapter XVIII (248-252)
REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER
OF COMPANIES
248. Power of Registrar to remove name of company from register of Companies.
249. Restrictions on making application under section 248 in certain situations.
250. Effect of company notified as dissolved.
251. Fraudulent application for removal of name.
252. Appeal to Tribunal.
Chapter XIX (253-269)
REVIVAL AND REHABILITATION OF SICK COMPANIES
253. Determination of sickness.
254. Application for revival and rehabilitation.
255. Exclusion of certain time in computing period of limitation.
256. Appointment of interim administrator.
257. Committee of creditors.
258. Order of Tribunal.
259. Appointment of administrator.
260. Powers and duties of company administrator.
261. Scheme of revival and rehabilitation.
262. Sanction of scheme.
263. Scheme to be binding.
264. Implementation of scheme.
265. Winding up of company on report of company administrator.
266. Power of Tribunal to assess damages against delinquent directors, etc.
267. Punishment for certain offences.
268. Bar of jurisdiction.
269. Rehabilitation and Insolvency Fund.
Chapter XX (270-365)
WINDING UP
270. Modes of winding up.
PART I.— Winding up by the Tribunal
271. Circumstances in which company may be wound up by Tribunal.
272. Petition for winding up.
273. Powers of Tribunal.
274. Directions for filing statement of affairs.
275. Company Liquidators and their appointments.
276. Removal and replacement of liquidator.
277. Intimation to Company Liquidator, provisional liquidator and Registrar.
278. Effect of winding up order.
279. Stay of suits, etc., on winding up order.
280. Jurisdiction of Tribunal.
281. Submission of report by Company Liquidator.
282. Directions of Tribunal on report of Company Liquidator.
283. Custody of company's properties.
284. Promoters, directors, etc., to co-operate with Company Liquidator.
285. Settlement of list of contributories and application of assets.
286. Obligations of directors and managers.
287. Advisory Committee.
288. Submission of periodical reports to Tribunal
289. Power of Tribunal on application for stay of winding up.
290. Powers and duties of Company Liquidator.
291. Provision for professional assistance to Company Liquidator.
292. Exercise and control of Company Liquidator's powers.
293. Books to be kept by Company Liquidator.
294. Audit of Company Liquidator's accounts.
295. Payment of debts by contributory and extent of set-off.
296. Power of Tribunal to make calls.
297. Adjustment of rights of contributories.
298. Power to order costs.
299. Power to summon persons suspected of having property of company, etc.
300. Power to order examination of promoters, directors, etc.
301. Arrest of person trying to leave India or abscond.
302. Dissolution of company by Tribunal.
303. Appeals from orders made before commencement of Act.
PART II.—Voluntary winding up
304. Circumstances in which company may be wound up voluntarily.
305. Declaration of solvency in case of proposal to wind up voluntarily.
306. Meeting of creditors.
307. Publication of resolution to wind up voluntarily.
308. Commencement of voluntary winding up.
309. Effect of voluntary winding up.
310. Appointment of Company Liquidator.
311. Power to remove and fill vacancy of Company Liquidator.
312. Notice of appointment of Company Liquidator to be given to Registrar.
313. Cesser of Board's powers on appointment of Company Liquidator.
314. Powers and duties of Company Liquidator in voluntary winding up.
315. Appointment of committees.
316. Company Liquidator to submit report on progress of winding up.
317. Report of Company Liquidator to Tribunal for examination of persons.
318. Final meeting and dissolution of company.
319. Power of Company Liquidator to accept shares, etc., as
consideration for sale of property of company.
320. Distribution of property of company.
321. Arrangement when binding on company and creditors.
322. Power to apply to Tribunal to have questions determined, etc.
323. Costs of voluntary winding up.
PART III.—Provisions applicable to every mode of winding up
324. Debts of all descriptions to be admitted to proof.
325. Application of insolvency rules in winding up of insolvent companies.
326. Overriding preferential payments.
327. Preferential payments.
328. Fraudulent preference.
329. Transfers not in good faith to be void.
330. Certain transfers to be void.
331. Liabilities and rights of certain persons fraudulently preferred.
332. Effect of floating charge.
333. Disclaimer of onerous property.
334. Transfers, etc., after commencement of winding up to be void.
335. Certain attachments, executions, etc., in winding up by Tribunal to be void.
336. Offences by officers of companies in liquidation.
337. Penalty for frauds by officers.
338. Liability where proper accounts not kept.
339. Liability for fraudulent conduct of business.
340. Power of Tribunal to assess damages against delinquent directors, etc.
341. Liability under sections 339 and 340 to extend to partners or directors in firms or companies.
342. Prosecution of delinquent officers and members of company.
343. Company Liquidator to exercise certain powers subject to sanction.
344. Statement that company is in liquidation.
345. Books and papers of company to be evidence.
346. Inspection of books and papers by creditors and contributories.
347. Disposal of books and papers of company.
348. Information as to pending liquidations.
349. Official Liquidator to make payments into public account India.
350. Company Liquidator to deposit monies into scheduled bank.
351. Liquidator not to deposit monies into private banking account.
352. Company Liquidation Dividend and Undistributed Assets Account.
353. Liquidator to make returns, etc.
354. Meetings to ascertain wishes of creditors or contributories.
355. Court, Tribunal or person, etc., before whom affidavit may be sworn.
356. Powers of Tribunal to declare dissolution of company void.
357. Commencement of winding up by Tribunal.
358. Exclusion of certain time in computing period of limitation.

PART IV.—Official liquidators
359. Appointment of Official Liquidator.
360. Powers and functions of Official Liquidator.
361. Summary procedure for liquidation.
362. Sale of assets and recovery of debts due to company.
363. Settlement of claims of creditors by Official Liquidator.
364. Appeal by creditor.
365. Order of dissolution of company.
Chapter XXI (366-378)
PART I.—Companies authorised to register under this Act
366. Companies capable of being registered.
367. Certificate of registration of existing companies.
368. Vesting of property on registration.
369. Saving of existing liabilities.
370. Continuation of pending legal proceedings.
371. Effect of registration under this Part.
372. Power of Court to stay or restrain proceedings.
373. Suits stayed on winding up order.
374. Obligation of Companies registering under this Part.
PART II.—Winding up of unregistered companies
375. Winding up of unregistered companies.
376. Power to wind up foreign companies although dissolved.
377. Provisions of Chapter cumulative.
378. Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases.
Companies (Authorised to Registered) Rules, 2014
Chapter XXII (379-393)

COMPANIES INCORPORATED OUTSIDE INDIA
379. Application of Act to foreign companies.
380. Documents, etc., to be delivered to Registrar by foreign companies.
381. Accounts of foreign company.
382. Display of name, etc., of foreign company.
383. Service on foreign company.
384. Debentures, annual return, registration of charges, books of account and their inspection.
385. Fee for registration of documents.
386. Interpretation.
387. Dating of prospectus and particulars to be contained therein.
388. Provisions as to expert's consent and allotment.
389. Registration of prospectus.
390. Offer of Indian Depository Receipts.
391. Application of sections 34 to 36 and Chapter XX.
392. Punishment for contravention.
393. Company's failure to comply with provisions of this Chapter not to affect validity of contracts, etc.
Companies (Registration of Foreign Companies) Rules, 2014
Chapter XXIII (394-395)
GOVERNMENT COMPANIES
394. Annual reports on Government companies.
395. Annual reports where one or more State Governments are members of companies.
Chapter XXIV (396-404)
REGISTRATION OFFICES AND FEES
396. Registration offices.
397. Admissibility of certain documents as evidence.
398. Provisions relating to filing of applications, documents, inspection, etc., in electronic form.
399. Inspection, production and evidence of documents kept by Registrar.
400. Electronic form to be exclusive, alternative or in addition to physical form.
401. Provision of value added services through electronic form.
402. Application of provisions of Information Technology Act, 2000.
403. Fee for filing, etc.
404. Fees, etc., to be credited into public account.
460
Companies (Registration Offices and Fees) Rules, 2014 (amendments incorporated)
Chapter XXV(405)
COMPANIES TO FURNISH INFORMATION OR STATISTICS
405. Power of Central Government to direct companies to furnish information or statistics.
Chapter XXVI
(406)NIDHIS
406. Power to modify Act in its application to Nidhis.
Nidhi Rules, 2014
Chapter XXVII(407-434)
NATIONAL COMPANY LAW TRIBUNAL AND APPELLATETRIBUNAL
407. Definitions.
408. Constitution of National Company Law Tribunal.
409. Qualification of President and Members of Tribunal.
410. Constitution of Appellate Tribunal.
411. Qualifications of Chairperson and members of AppellateTribunal.
412. Selection of Members of Tribunal and Appellate Tribunal.
413. Term of office of President, Chairperson and other Members.
414. Salary, allowances and other terms and conditions of service ofMembers.
415. Acting President and Chairperson of Tribunal or AppellateTribunal.
416. Resignation of Members.
417. Removal of Members.
418. Staff of Tribunal and Appellate Tribunal.
419. Benches of Tribunal.
420. Orders of Tribunal.
421. Appeal from Orders of Tribunal.
422. Expeditious disposal by Tribunal and Appellate Tribunal.
423. Appeal to Supreme Court.
424. Procedure before Tribunal and Appellate Tribunal.
425. Power to punish for contempt.
426. Delegation of powers.
427. President, Members, officers, etc., to be public servants.
428. Protection of action taken in good faith.
429. Power to seek assistance of Chief Metropolitan Magistrate, etc.
430. Civil court not to have jurisdiction.
431. Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings.
432. Right to legal representation.
433. Limitation.
434. Transfer of certain pending proceedings.
Chapter XXVIII(435-446)
SPECIAL COURTS
435. Establishment of Special Courts.
436. Offences triable by Special Courts.
437. Appeal and revision.
438. Application of Code to proceedings before Special Court.
439. Offences to be non-cognizable.
440. Transitional provisions.
441. Compounding of certain offences.
442. Mediation and conciliation penal.
443. Power of Central Government to appoint company prosecutors.
444. Appeal against acquittal.
445. Compensation for accusation without reasonable cause.
446. Application of fines.
Chapter XXIX (447-470)

MISCELLANEOUS
447. Punishment for fraud.
448. Punishment for false statements.
449. Punishment for false evidence.
450. Punishment where no specific penalty or punishment isprovided.
451. Punishment in case of repeated default.
452. Punishment for wrongful withholding of proaperty.
453. Punishment for improper use of "Limited" or "Private Limited".
454. Adjudication of penalties.
455. Dormant company.
456. Protection of action taken in good faith.
457. Non-disclosure of information in certain cases.
458. Delegation by Central Government of its powers and functions.
459. Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees onapplications.
460. Condonation of delay in certain cases.
461. Annual report by Central Government.
462. Power to exempt class or classes of companies from provisionsof this Act.
463. Power of court to grant relief in certain cases.
464. Prohibition of association or partnership of persons exceedingcertain number.
465. Repeal of certain enactments and savings.
466. Dissolution of Company Law Board and consequentialprovisions.
467. Power of Central Government to amend Schedules.
468. Powers of Central Government to make rules relating to winding up.
469. Power of Central Government to make rules.
470. Power to remove difficulties.
Companies (Adjudication of Penalties) Rules, 2014
Companies (Miscellaneous) Rules, 2014
SCHEDULE I 516
SCHEDULE II (amendments incorporated) 540
SCHEDULE III
SCHEDULE IV 563
SCHEDULE V 566
SCHEDULE VI 573
SCHEDULE VII

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8/15/2015

SC says Aadhar not Mandatory for Availing Welfare schemes of Govt

The Supreme Court today ruled that Aadhar is not mandatory for availing various welfare schemes of the government. The court made it clear that even for availing facilities PDS, kerosene and LPG distribution system the card will not be mandatory.

It barred the authorities from sharing personal biometric data collected for enrollment under the scheme. A three-judge bench took on record Attorney General Mukul Rohatgi's statement to this effect.



The court said the Centre shall give wide publicity through electronic and print media that the card is not mandatory to avail the schemes. The apex court was hearing a batch of petitions challenging the Aadhar scheme.

It directed that the information received by UIDAI shall not be used for any other purposes, except in criminal investigation with the permission of the court. A Constitution bench of the apex court will also decide the larger question of whether collecting biometric data for preparing Aadhar cards infringed an individual's privacy and if right to privacy was a fundamental right.
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Pay Income Tax Dues in advance at Authorised Bank branches list

Pay Income Tax Dues in advance at RBI or authorised bank branches - RBI

Reserve Bank on Wednesday asked income tax assessees to pay theirincome tax dues in advance at RBI or any authorised bank branches including that of SBI, ICICI, HDFC Bank, PNB and Axis Bank.

It has been observed that rush for remitting income tax dues through the RBI has been far too heavy towards the end of September every year, the apex bank said in a release. The RBI said it becomes difficult for the regulator to cope with the pressure of issuing receipts despite provision for additional counters to the maximum possible extent.

So the RBI appealed to the income tax assessees to remit their tax dues sufficiently in advance of the due date. Assessees can use alternate channels like select branches of agency banks or the facility of online payment of taxes offered by these banks, it said.

"These will obviate the inconvenience involved in standing in long queues at Reserve Bank offices," it added. Among others, income tax assessees can also remit their income tax dues at designated branches of Allahabad Bank, Andhra Bank, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Corporation Bank, Dena Bank, IDBI Bank, Indian Bank, Indian Overseas Bank, and Oriental Bank of Commerce. 

Punjab & Sindh Bank, Syndicate Bank, UCO Bank, Union Bank of India, United Bank of India, Vijaya Bank, State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Travancore, State Bank of Mysore and State Bank of Patiala autorised branches would also collect the Income Tax dues.
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Verification of all lawyers soon

Verification of all lawyers soon - Law Minister

The Bar Council of India has introduced an exhaustive mechanism for ascertaining fake and non-practicing lawyers and with that purpose it has already framed the BCI certificate and Place of Practice (verification) Rules 2015, law minister Sadananda Gowda said on Thursday.

 The minister said the BCI has already formed state level committees with the help of state bar councils to implement the verification drive and has set a deadline of seven months to complete the process. "The BCI has informed that within a period of 6-7 months, the entire verification process will be completed and fake lawyers will be identified," Gowda said in response to a question in Lok Sabha.

The minister, however, clarified that since it has not yet been exactly verified how many lawyers are registered with a fake degree, their exact percentage cannot be given. The BCI chief had last month told a lawyers' meet in Chennai that at least 30% of all lawyers in India are holding fake degrees.

He asserted that there is a need to discipline these fake lawyers as 20% of practicing lawyers in courts are those who have fake degrees. He said these fake lawyers are degrading the profession and there is a need to filter them.

 The BCI rules have been framed in order "to check and stop the occurrence of the use of such fake degrees or to stop the non-practicing persons enrolled with the state Bar Councils from getting benefit or any welfare schemes." The BCI has also proposed to set up its own Lawyers' Academy on the lines of the Institute of Chartered Accountants of India to bring in professionalism and maintain ethical standards among practicing advocates.

 The process of identifying fake lawyers began after the BCI received several complaints regarding fake degrees and unethical standards adopted by many of its practicing lawyers. During the recently-held advisory council meeting in the capital, chaired by the law minister, the Bar Council vice-chairman sought government's financial assistance to set up such academies at the Centre and in states.

 The government has asked the BCI to send its proposal and assured assistance. The Lawyers' Academy will be responsible for conducting mid-career training of advocates and ensuring that certain professional and ethical standards are maintained.

 The government has also extended its help in training of lawyers at the existing judicial academies where judges are trained for mid-career training. Meanwhile, the BCI has been asked to use the infrastructure of various judicial academies for training of advocates.
 (Credits: Times of India)
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8/13/2015

TDS Details for November 2015

Notes:
(A) 194A
Limit is `10,000/- in respect of interest paid on Term Deposit with Bank & co. Op. Soc. Engaged in banking business & Deposit with post office under notified schemes.
All TD interest Aggregated.
Time for making payment of tax reckon from the date of cr. Of interest made constructively to the A/c of payee.
(B) 194BB

Section 194BB casts responsibility on the following persons to deduct tax at source –
(i) A bookmaker; or
(ii) A person to whom a license has been granted by the Government under any law for the time being in force -
(a) For horse racing in any race course; or
(b) For arranging for wagering or betting in any race course.
Winning by Jack pot incl. in 194BB
(C) 194C
A Includes Advertising Contract.
Covers Payment to Resident Contractors or Sub-Contractors.
If Contract for sale than no 194C ( pur. R/Mother than from customer and provide goods to customer.

Further, in respect of payment to transport contractors and sub-contractors engaged in the business of plying, leasing and hiring goods carriages, TDS provisions would not apply if they furnish their PAN to the deductor, if not furnished than 194C will apply.

In response to the representations received by CBDT, on the difficulties being faced in the matter of tax deduction at source on Gas Transportation Charges paid by the purchasers of Natural gas to the owners/sellers of gas, CBDT has, through this Circular, clarified that in case the Owner/Seller of the gas sells as well as transports the gas to the purchaser till the point of delivery, where the ownership of gas to the purchaser is simultaneously transferred, the manner of raising the sale bill (whether the transportation charges are embedded in the cost of gas or shown separately) does not alter the basic nature of such contract which remains essentially a ‘contract for sale’ and not a ‘works contract’ as envisaged in Section 194C. Therefore, in such circumstances, the provisions of Chapter XVIIB are not applicable on the component of Gas Transportation Charge the, use of different modes of transportation of gas by Owner/Seller will not alter the position.

However, transportation charges paid to a third party transporter of gas, either by the Owner/Seller of the gas or purchaser of the gas or any other person, shall continue to be governed by the appropriate provisions of the Act and tax shall be deductible at source on such payment to the third party at the applicable rates.


(D) 194D

Such income may be by way of insurance commission or other remuneration in consideration for soliciting or procuring insurance business (including the business relating to the continuance, renewal or revival of policies of insurance).

(E) 194DA

The sum received under a life insurance policy which does not fulfil the conditions specified under section 10(10D) is taxable.
10(10D) = Premium always less than (Restricted Up to)-

I. 20% of sum assured, If policy taken/issued before 1/4/2012.
II. 10% of sum assured, If policy taken/issued on or after 1/4/2012 but up to 1/4/2013.
III. i) 15% (Where the insurance is on the life of a person with disability or severe
disability as referred to in section 80U or a person suffering from disease or ailment
as specified under section 80DDB.)
ii) 10% (Where the insurance is on the life of any person, other than mentioned in
15% above.)
-of minimum sum assured, if policy taken/issued on or after 1/4/2013.

(F) 194E

Covers Guarantee amount paid or payable to a non-resident sports association or institution in relation to any game or sport played in India. However, games like crossword puzzles, horse races etc. taxable under section 115BB are not included herein.

(G) 194H

“Commission or brokerage” includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered, or for any services in the course of buying or selling of goods, or in relation to any transaction relating to any asset, valuable article or thing, other than securities.

No TDS, if payment by BSNL or MTNL to their call office (PCO) franchisees.

(H) 194I

“Rent” means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of (either separately or together) any –
(a) land; or

(b) Building (including factory building); or

(c) Land appurtenant to a building (including factory building); orachinery; or

(e) Plant; or

(f) Equipment; or

(g) Furniture; or

(h) Fittings,

Whether or not any or all of the above are owned by the payee.

Cooling charges no TDS. It preservation of good no right to use any demarcated space/place or M/C, & so not become a tenant. If arrangement basically contractual nature 194C applies. Circular no. 1/2014, dated 13.12014 No TDS on service tax component.


(I) 194IA

  However, tax is not required to be deducted at source where the total amount of consideration For the transfer of immovable property is less than 50 lakh.
 Means limit is per transaction/per immovable property.

Time and mode of payment of tax deducted at source under section 194-IA to the credit of Central Government, furnishing challan-cum-statement and TDSCertificate [Rules 30,31A & 31] [Notification No. 39/2013 dated 31.05.2013]


I. Such sum deducted under section 194-IA shall be paid to the credit of the Central Government within a period of seven days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No.26QB Rule 30].

II. The amount so deducted has to be deposited to the credit of the Central Government by electronic remittance within the above mentioned time limit, into RBI, SBI or any authorized bank [Rule 30].

III. Every person responsible for deduction of tax under section 194-IA shall also furnish to the DGIT (Systems) or any person authorized by him, a challan-cum-statement in Form No.26QB electronically within seven days from the end of the month in which the deduction is made [Rule 31A].

IV. Every person responsible for deduction of tax under section 194-IA shall furnish the

TDS certificate in Form No.16B to the payee within 15 days from the due date for

furnishing the challan-cum-statement in Form No.26QB under Rule 31A, after

generating and downloading the same from the web portal specified by the DGIT

(Systems) or the person authorized by him [Rule 31].

Not required to take TAN No.

(J) 194J

Explanation 4 clarifies that the consideration for use or right to use of computer software is royalty by clarifying that, transfer of all or any rights in respect of any right, property or information includes and has always included transfer of all or any right for use or right to use a computer software (including granting of a licence) irrespective of the medium through which such right is transferred. Consequently, the provisions of tax deduction at source under section 194J and section 195 would be attracted in respect of consideration for use or right to use computer software since the same falls within the definition of royalty.

The Central Government has, vide Notification No.21/2012 dated 13.6.2012, effective from 1st July, 2012, exempted certain software payments from the applicability of tax deduction under section 194J. Accordingly, where payment is made by the transferee for acquisition of software from a resident-transferor, the provisions of section 194J would not be attracted if

i. the software is acquired in a subsequent transfer without any modification by the transferor;

ii. tax has been deducted either under section 194J or under section 195 on payment for any previous transfer of such software; and

iii. the transferee obtains a declaration from the transferor that tax has been so deducted along with the PAN of the transferor.


(K) 194LBA 28.3.19 TDS on interest income from units of a business trust

Where any distributed income referred to in section 115UA, being in the nature referred to in section 10(23FC) is payable by a business trust to its unit holder, tax is required to be deducted at source.

The person responsible for making the payment shall, at the time of credit of such payment to the account of the payee or at the time of payment thereof in cash or by the issue of cheque or draft or by any other mode, whichever is earlier, deduct tax at source on such interest component [referred to in section 10(23FC)] of income distributed to unit holders: @5%, in case of unit holders, being non-corporate non-residents or foreign companies; and @10%, in case of resident unit holders.

(L) 194LC Income by way of interest from Indian company

Interest paid by an Indian company or a business trust to a foreign company or a non-corporate non-resident in respect of borrowing made in foreign currency from sources outside India would be subject to tax at a concessional rate of 5% on gross interest (as against the rate of 20%of gross interest applicable in respect of other interest received by a non-corporate non-resident or foreign company from Government or an Indian concern on money borrowed or debt incurred by it in foreign currency).

To avail this concessional rate, the borrowing should be in foreign currency from a source outside India under a loan agreement at any time between 1.7.2012 and 30.6.2017 or by way of issue of long-term infrastructure bonds approved by the Central Government at any time between 1.7.2012 and 30.9.2014 or by way of issue of any long-term bond including infrastructure bond at any time between 1.10.2014 and 30.6.2017.

The interest to the extent the same does not exceed the interest calculated at the rate approved by the Central Government, taking into consideration the terms of the loan or the bond and its repayment, will be subject to tax at a concessional rate of 5%.

Such interest paid by an Indian company or a business trust to a non-corporate non-resident or a foreign company would be subject to TDS@5% under section 194LC.

Further, levy of higher rate of TDS@20% under section 206AA in the absence of PAN would not be attracted in respect of payment of interest on long-term bonds, as referred to in section 194LC, to a non-corporate non-resident or to a foreign company.

(M) 194LD Interest on Government securities or rupee-denominated bonds of an Indian company payable to a Foreign Institutional Investor (FII) or a Qualified Foreign Investor (QFI)
  Section 194LD provides that any income by way of interest payable during the period between 1.6.2013 and 31.5.2015 in respect of investment made by an FII or QFI in a rupee denominated bond of an Indian company or a Government security, shall be subject to tax deduction at source at a concessional rate of 5% (as against the rate of 20% of interest applicable in respect of other interest received by a QFI or FII).
(N) 195 Any other payment to NR

No TDS Dividend Exempt U/S 10(34) -Public sectore bank or

-Public financial institution

- within meaning of U/S 10(23D).

Definition

The words “any person” used in section 195(1) is intended to include both residents and non-residents. Therefore, a non-resident person is also required to deduct tax at source before making payment to another non-resident, if the payment represents income of the payee non-resident, chargeable to tax in India. Therefore, if the income of the payee non-resident is chargeable to tax, then tax has to be deducted at source, whether the payment is made by a resident or a non-resident

Click here to Download TDS Rates Summary for Nov 14
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Revaluation of Fixed Assets

Revaluation of Assets
Revaluation of fixed assets is the process of increasing or decreasing their carrying value in case of
major changes in fair market value of the fixed asset. A fixed asset is initially recorded at cost but
subsequently its carrying amount is increased to account for any appreciation in value. Lets assume,
a company revalued one of its fixed assets to $190,000 on 31 Mar’14, while the book value of
asset was $170,000. So an upward adjustment of $20,000 was required to fixed asset account.
Upward revaluation is not considered a normal gain and is not recorded in income statement rather
it is directly credited to an equity account called revaluation surplus. Revaluation surplus holds all
the upward revaluations of a company's assets until those assets are disposed of.
If a revalued asset is subsequently valued down due to impairment, the loss is first written off
against any balance available in the revaluation surplus and if the loss exceeds the revaluation
surplus balance of the same asset the difference is charged to income statement as impairment loss.
Suppose on 31 Mar’15 the company revalues the same fixed asset again to find out that the fair
value should be $160,000. Book value after depreciation as on 31 Mar’15 is $167,648. The
carrying amount exceeds the fair value by $7,648 so the account balance should be reduced by
that amount. We already have a balance of $20,000 in the revaluation surplus account related to
the same building, so no impairment loss shall go to income statement. Had the fair value been
$140,000 the excess of carrying amount over fair value would have been $27,648. In that case
$7,648 (after adjusting $20,000 with revaluation reserve) would have been recorded in income
statement as impairment loss.
GAAP Insight US GAAP does not allow revaluation of PPE.
Why Companies Revalue Assets?
  •  To reflect a better fair value of entity
  •  To increase collateral for loan
  •  To reduce leverage ratios
  •  Prior to announcing a sale and leaseback transaction
  •  To manage dividend policy (increase in assets value will lead to increase in depreciation and hence
  • reduce the profits)

Impacts of Revaluation

  •  Increase in Depreciation
  •  Decline in EBIT
  •  No Change in EBITDA
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8/12/2015

How to Verify Service Tax code in online

Service tax code verification can be done online using simple 3 steps. It is helpful to determine the genuineness of the party whom we are paying service tax. Here, we have explained the manner of verification of service tax number and basics of service tax number.


SERVICE TAX CODE VERIFICATION ONLINE:
WHY SERVICE TAX NUMBER VERIFICATION IS IMPORTANT?
If we are working with someone in the area of service and we take some services from such persons who provide the same service which we required but how we know about that whether the Service Tax Code Number Provide or mentioned on the bill is genuine or related with such entity who provide us the same service. For this we have an online system to verify the Service Tax Code Online.
Basically the Service Tax Code Number is  PAN Based in the New System of Service Tax, Service Tax Code Number is 15 Digit Code and Based on PAN Number.
First Ten (10) character are same as PAN ,11-12 digit is “ST” in all service tax code(In few cases “SD” is also used) ,13-15 is serial Number no for service tax number allotted against a pan number ,if you have applied for one service tax number against a pan than your service tax number will pan+st+001. So if you have a PAN number of the firm then checks service tax number as below:-
Assessee code to be digitized in case of Service Tax (major account head 0044) as:
1-10 digits: 10-digit PAN / TAN
11-12 digits: ST
13-15 digits: ZZZ
In case the Assessee is unable to provide a valid location code, the location code may be digitized as :
1-2 digits: any Commissionerate Code associated to the bank branch
3-6 digits: ZZZZ
If you have service tax number and just want to verify it is it correct or not than follow this steps:
Step 1:
Go to the  following Link:-
https://cbec-easiest.gov.in/

Following screen will be appeared:

Service tax code verification
Step 2:
Click on assessee code based search
Step 3:
Input Your Assessee Code and Verification Image you get the following result
INPUT:15 digit SERVICE TAX CODE
OUTPUT:
REGISTER UNDER SERVICE TAX/EXCISE
NAME OF ASSESSEE
ADDRESS OF ASSESSEE
LOCATION CODE.

Similar steps should be followed to determine excise number verification online. I hope this post helps you to do service tax code verification.

For any queries you can contact me at [email protected]

Thank You !!!

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8/10/2015

Depreciation Automatic Calculator as per Companies Act 2013

 Automatic  Depreciation Calculator as per Companies Act 2013

Format Items Example:

S.no Description Category Carrying value  if purchased before 1/4/2014 or purchase cost Date of purchase Salvage value(Upto 5% of cost If sold during the year(Mandatory) Date of Sale(Leave Empty if no Sale) Sale Price(Leave empty if no sale) Useful life Remaining Life.




Retained earnings effect Depreciation Rate for the whole or part of year Depreciation 
Asset (Select from drop down menu) WDV as on 01/04/2014 Retained Earnings effect Additions during the year Total Deletions During The year Depreciation for the year WDV as on 31-03-2015
-   -   -   -   -   -   -   
MV-Motor Cycles, Scooters, Mopeds -   -   -   -   -   -   -   

CLICK HERE / LINK 2 TO DOWNLOAD DEPRECIATION CALCULATOR IN EXCEL FORMAT

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Service Tax Registration Procedure

Service Tax Registration Procedure and Documents required:
1. Register on ACES Website (E Registration)
Register on aces website www.aces.gov.in by selecting the appropriate link from the ACES portal
On filling the required details, such as user name and contact (mail id., mobile no), an ACES account
is created. A password is sent to the applicant’s email id. This password has to be changed on the
first login to the ACES website.

2. Fill form ST-1 after login
The applicant now has to fill up Form ST-1 under the registration tab for service tax registration. The
application form requires details such as name, address, PAN and details of the service provided by
the applicant. Details with respect to commissionerate, division and range can be ascertained and
filled up by the applicant by checking the following link:
http://www.aces.gov.in/STASE/ui/jsp/common/statelocation.do.

3. Submission of Documents
On submission of details in form ST-1, an Acknowledgement slip is generated. This slip along with
Form ST-1 will have to be submitted at the commissionerate office selected at the time of
registration. Supporting documents such as PAN copy and other document also needs to be
submitted within 7 days from the date of online registration.

4. Download or Obtain Registration Certificate
The registration certificate (ST-2) issued with 2 days from the date of online registration that
certificate can be download from aces portal without any cost.
Or
A registration certificate signed copy is issued after a verification of the applicant’s details by the
Range Superintendent. A registration certificate is then sent by email or physical form as per the
choice of the applicant.

5. Documentation required to be submitted for Service Tax Registration
The applicant is required to submit a self attested copy of the following documents by registered
post/ Speed Post to the concerned Division, within 15 days of filing the Form ST-1 online, for the
purposes of verification along with ST-1 :-
(i) Copy of the PAN Card of the proprietor
(ii) Photograph and proof of identity (any one out of bellowing list) of the person filling the
application
  • PAN card,
  • Passport,
  • Voter Identity card,
  • Aadhar Card,
  • Driving license,
  • Any other Photo-identity card issued by the Central Government, State Government

(iii) Document to establish possession of the premises to be registered such as proof of ownership,
lease or rent agreement, allotment letter from Government, or No Objection Certificate from the
legal owner.

(iv) Details of the main Bank Account.

(v) Memorandum/Articles of Association/List of Directors.

(vi) Authorisation by the Board of Directors /Partners /Proprietor for the person filing the
application.

(vii) Business transaction numbers obtained from other Government departments or agencies such
as Customs Registration No. (BIN No), Import Export Code (IEC) number, State Sales Tax Number
(VAT), Central Sales Tax Number, Company Index Number (CIN) which have been issued prior to the
filing of the service tax registration application.

4. Where the need for the verification of premises arises the same will have to be authorised by an
officer not below the rank of Additional /Joint Commissioner.

5. The registration certificate may be revoked by the Deputy/Assistant Commissioner in any of the
following situations, after giving the assessee an opportunity to represent against the proposed
revocation and taking into consideration the reply received for any of the following reasons-
(i) the premises are found to be nonexistent or not in possession of the assessee.
(ii) No documents are received within 15 days of the date of filing the registration application.
(iii) the documents are found to be incomplete or incorrect in any respect.
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