MCA Clarifies- Now send Annual Accounts under Section 219 via e-mail

The Ministry of Corporate Affairs (MCA), has made certain elucidation  vide Circular no. 18/ 2011 dated 29th April 2011 with regard to the Green Initiative in the Corporate Governance wherein, the Companies are now allowed to send the Balance sheet, Profit& Loss A/C, Auditor's Report, Director's Report  and Explanatory Statement etc. via e- mode in accordance with  MCA Circular… Read More

Tags: Accounts via emailCircular no. 18/2011Section 219

SEBI Circular for ASBA facility

CIRCULARCIR/CFD/DIL/1/2011 April 29, 2011 CLR Note: Application Supported by Blocked Amount(ASBA)  is an applicationcontaining an authorization to block the application money in the bank account, for subscribing to an issue. If an investor is applying through ASBA, his application moneyshall be debited from the bank account only if his/her application is selected forallotment after the… Read More

Every procedure is permitted to the court for doing justice unless expressly prohibited

Recently, hon™ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows (in para 2).   2.........................Rules of procedure are handmaids of justice. Section 151 of the Code of Civil Procedure gives inherent powers to the court… Read More

AGREEMENTS VALID WITHOUT PAYING STAMP DUTY-Purchase order, Airline ticket and Courier receipt etc

Extracts from Section 3 and Entry No. 5 in Schedule I to the Indian Stamp Act, 1899 are reproduced below for ready reference. (A) Entry No. 5 in Schedule I (Stamp Duty on Instruments) to the Indian Stamp Act, 1899 read as follows. 5. AGREEMENT or Memorandum of Agreement-(a) if relating to the sale of… Read More

When an Unregistered Equitable Mortgage Deed is Invalid

An extract of section 58(f) and section 59 of the Transfer of Property Act, 1882 is reproduced below for ready reference. 58(f). Mortgage by deposit of title-deeds.”Where a person in any of the following towns, namely, the towns of Calcutta, Madras, and Bombay, and in any other town which the State Government concerned may, by notification… Read More

Tag: Mortgage by deposit of Title deeds

Arbitral award need not be written on stamp paper by the Arbitrator

This has reference to the observations of hon™ble Single Judge bench of Delhi HC in Eider PW1 Paging Limited and Eider PW1 Communications Ltd. Vs. Union of India and Ors. {2010 (115) DRJ 263- Delhi HC}, which has been referred to a larger bench of Delhi HC. However, with highest respect to hon™ble Single Judge bench… Read More

Notification on SARFAESI (Central Registry) Rules 2011

CLR Note:- The Central Registry constituted under SARFAESI Act, 2002, vide announcement made by the Finance Minister in his Budget Speech 2011-12, has already been effective since 31st March 2011.  The Central Registry will definitely help to to prevent frauds in loan cases involving multiple lending from different banks on the same immovable property. RBI /2010-11/484… Read More

Tags: Central Registry RulesSARFAESI

High Value Transactions might be added in AIR list

The Finance Ministry is planning to add   high-value transactions  in Annual Information Returns (AIRs) of revenue department for driving out tax evasion. This is in addition to lowering the existing limits in case of some transactions. In AIRs, intermediaries, such as banks, are supposed to report high-value transactions to the tax department so that… Read More

SEBI reviews Annual Issuers’ Charges

CIR/MRD/DP/ 05 /2011 To, All Depositories/ all Stock Exchanges Dear Sir/Madam, Sub: Review of Annual Issuers™ charges 1. Please refer to SEBI Circulars  No. MRD/DoP/SE/Dep/Cir-4/2005 dated January 28, 2005 and No. MRD/DoP/SE/Dep/Cir-2/2009 dated February 10, 2009 on the captioned subject matter. 2. In partial modification to the above circulars, it has been decided to modify the methodology of… Read More

Guidelines on Advanced Measurement Approach (AMA) for computation of Operational Risk under BASEL II norms

  Implementation of the Advanced Measurement Approach (AMA) for Calculation of Capital Charge for Operational Risk RBI/2010-11/488 DBOD.No.BP.BC. 88 /21.06.014/2010-11 The Chairman and Managing Directors / Chief Executive Officers of All Commercial Banks (Excluding Regional Rural Banks and Local Area Banks) Dear Sir, Implementation of the Advanced Measurement Approach (AMA) for Calculation of Capital Charge… Read More

CBDT notifies revised procedure for refund of excess amount of TDS deducted/paid

CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)] The procedure for regulating refund of amount paid by the deductor in excess of the tax deducted at source (TDS) and/or deductible is governed by Board circular No. 285, dated 21-10-1980. 2. Subsequent to issue of circular No. 285, new sections have been inserted under Chapter XVII-B of the Income-tax… Read More

Tag: Procedure for refund of excess TDS paid or deposited

Whether legal heirs of a former employee are liable to be prosecuted under section 630 of the Companies Act, 1956 ?

Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the crucial question examined in the light of recent judicial elucidations.   Introduction 1.         The… Read More

CBEC Notifies Exchange Rate for May 2011

Notification No.32/2011 - Customs (N.T.) GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE AND CUSTOMS 7 Vaisakha, 1933(SAKA)   S.O.       (E). In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry… Read More

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