Treatment of corporate donations

As per the FCRA act, if a company falls under any of the below 3 category, they should be treated as foreign source

1) A foreign company as defined u/s 2(1) (g) of FCRA, 2010.
Definition of “Foreign Company” under section 2 (1) (g) of FCRA Act 2010 w.e.f 1st May 2011 :
“Foreign company” means any company or association or body of individuals incorporated outside India and includes (i) foreign company within the meaning of section 591of the Companies Act, 1956 (ii) a company which is a subsidiary of foreign company (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause(ii) (iv) a multi-national corporation
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories
OR
2) A foreign subsidiary as u/s 2 (87) of the Companies Act, 2013
Definition of subsidiary as defined under section 2(87) of the Companies Act.
(87) “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company— (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company’s Board of Directors shall be deemed to
be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression “company” includes any body corporate; (d) “layer” in relation to a holding company means its subsidiary or subsidiaries;
OR
3) A Multi-National Corporation as defined u/s 2(1) (g) (iv) FCRA 2010
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories

On the other hand,
As per amendment to Section 2 (1) (j) (vi) in the Finance Act 2016 (and subsequently Finance Act 2018) if a NGO received a donation or a grant from a company which was an Indian company registered under the Indian Companies Act, but, with more than fifty per cent share-holding by foreign investors, such a company was no more considered as “foreign source”.

Hence, the question is, whether the following companies i.e. Apple India Private Ltd, Franklin Templeton Asset Management India P.Ltd, Altico Capital India Pvt.Ltd and DSP Merrill Lynch Ltd fall under the category of Foreign Subsidiary? Or under the amended section2 (1) (j) (vi)

Please answer,

FOR DEPRICIATION UNDER COMPANIES ACT, 2013

LED LIGHTS COMES UNDER OFFICE EQUIPMENTS OR ELECTRICAL EQUIPMENTS, ?

We received a invoice for sales promotion which details under below:- value 76000 & gst 13680 total amount is 89680 now because its a sales promotion bill can we have to deduct TDS BEFORE PAYMENT. & how we calculate this is because its a gst bill

I am unable to download c forms for year 2015 upto 2016 may which is in the OLD TNVAT portal and unfortunately it has been shut down. Is there any way that I can retrieve these forms as the missed out invoices are of large value.
It will be of great help If anyone can guide me through this.

Thanks

Dear Sir,
I have downloaded the Java in my laptop still i am not able to download Tax audit form 3CA3CD. I could not identify my mistake.Kindly advise.

Can a Private / Public Limited Company remove director on the basis of disqualification u/s 164 of the Companies Act, 2013??

and if yes what are the evidence of cessation to be attached to form DIR-12 on MCA?

Please Reply....

I have cyber cafe and online services work like online payment money transfer tickets booking and all others so i bank transaction is big in bank account more then 30 lakh and my profit is around 3-3.5 lakh so how i file itr and how to show these bank transaction in the ITR So please Tell me How File ITR And Which ITr File

Respected Team,
I am a CA Final student and my 5 year registration will expire in February 2019...

Now I want to know that is there any such rule for revalidation that registration will be valid as long as student continues to appear in exam of final beyond 5 years.....

And registration will not lapse if he/she has given at least 1 of the last two exams conducted just before end of such five years...

Is there any such rule???
Please guide me as soon as possible
So I can take further action

Thanks in advance

For AY 2016-17, I have made a profit of Rs.2,00,000/- and suffered a loss of Rs.4,00,000/-, in all net loss of Rs.2,00,000/ on intra day share trading. I have filed before the AO, unaudited P&L Statement issued by my Broker .
AO is saying that he will impose tax on the profit component of Rs.2,00,000/- and will not recognise the loss of Rs.4,00,000/-. Is this correct? Can he selectively take only the profit portion and ignore the loss portion in the same P&L Statement?

Expert opinion is solicited.

Am i eligible to write CA Final in May 2018, if i Pass my IPCC IInd Group in Nov 2018 (I completed 2.5 Years of articleship)?