Bhaskaran Chackrapani Warrier's Expert Profile

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Graduate of Kerala University.

Fellow member of ICAI.

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ramita arora says : service tax
WHAT IS THE PROCEDURE TO FILE APPEAL TO CESTAT IF IT THERE IS DELAY IN FILING AN APPEAL

REDDY says : Directors below the minimum in a private ltd
Hi sir, one of my client private company having two directors wife&husband.wife is died two years back and no intimation is given to the ROC.continued the business with husband only.now he also died and he having a son.the son become a director or not.how to he become a director,no shares having his name.there is any punishment for non intimating to the ROC about below the minimum directors. please sir give me total process.present all bank accounts are feased.

CA M Indani says : TDS on repairs and maintenance of vehicle..
Dear expert friends, I have a querry... Suppose I go to some rural area in India for office work by Office car(vehicle). There , on road I met in accident and I had to repair the car. I go to some roadby garagwala n ask him to repair the same. His dues amounted to in excess of say Rs. 40000/-. He was having small garage- not established , as we foound in rural areas. Now , My querries are (1) whether I was required to deduct TDS u/s 194C? (2) and At what rate? Expenses of repairs and maintenance are to be paid by company - whose vehicle it was. And funny thing If I had asked the garagewala for his PAN no., he might not have known what it is( PAN)? and if I had deducted TDs @20% and paid him balance amount, he surely had broken that car again.... Expert friends, waiting for your reply...

manish choudhary says : corporate law
I showed the AGM date of a public company as 30/09/2012 instead of within 29/09/2012 and filed all the annual forms with ROC with the same AGM date,i.e., 30/09/2012. And now the company received the show cause notice from ROC regarding the same. So how the matter can be resolved..

chandervesh arora says : Creation of Charges - ROC
Dear Mr. Warrier, I have seen one of your post on Creation of charges - ROC for the loan taken by the Company on the collateral security of Director`s land. I am the Director of my Company and I have pledge my property to Bank to get a loan to purchase the Machinery and to avail the OCC facility. After purchasing the machinery Bank and me did not create the charge in ROC within 60 days and problem got noticed in Bank Audit then Bank forced to create the Charge after 195 days. We filed a petition in CLB and with the penalty they passed the order to file ROC charge. Now my question is - Can we avoid this penalty? Do we really need to create charges in ROC, as the property is in Director`s name? Bank`s clarification on this is - Loan in on the Plant & Machinery in the name of Company? Same as for OCC account- OCC is on Stock, so we need to create charges on that also. Land of the Director is the Secondary collateral Security. I have taken a Commercial Vehicle also financed by bank on my Company name and now i have paid off that loan also to the Bank? I have used that loan only for 6 months. Do I need to create charge on Vehicle also as loan has already been paid off? Now I have closed my OCC account also and I have used it only for 6 months and now can i get rid off creation of charge as loan does not exist any more. But Bank is forcing me to First creation of charge on OCC then satisfaction charge in ROC. I have seen your comment of Mumbai High court ruling on Maharastra State Financial Corp. Vs. Masvi & Co. And discussed it with the Bank and they said – this is applicable where the loan taken by the Company is the personal loan given on the property of the director. Does personal loan exist for the company also? What I believe all the loan taken by the company is all for commercial purpose only. Can you please help me on this ? I would really appreciate your kind support. Cheers! Chandervesh