Articles by CA Nitesh Kumar More

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Draft exemption notifications on private limited company

  CA Nitesh Kumar More    05 December 2014 at 10:50

1. Comments: In case of Private Ltd Companies, its holding, subsidiary or an associate company or other subsidiary of its holding company will not be treated as related party. Chapter I, sub-clause (viii) of clause (76) of section 2 shall not apply



Process of approval of Directors report & FS

  CA Nitesh Kumar More    10 October 2014 at 11:15

Process of approval of Directors report & FS: MGT 14 can be filled by 20th Oct, if Board meeting held on 21st Sep & shorter notice for AGM 1) Auditor had been appointed in last AGM & audit, say , whole year(generally,in case of Big CO). I



Law regarding filing of form MGT.14 under Companies Act, 2013

  CA Nitesh Kumar More    08 September 2014 at 11:03

Section-117 [x1] of the Companies Act, 2013, a copy of every resolution or any agreement, in respect of matters specified in sub-section (3) together with the explanatory statement under section 102[x2] , if any, annexed to the notice calling the me



Resolutions to be passed to reduce filing fees of MGT14

  CA Nitesh Kumar More    30 August 2014 at 13:01

RESOLUTIONS TO BE PASSED TO REDUCE FILLING FEES OF MGT14 of small & medium size companies, if draft exemption is not passed in parliament 1) First board meetings of small & medium size companies should pass resolutions in respect of following



Draft Board resolutions to be passed in first board meeting

  CA Nitesh Kumar More    29 August 2014 at 10:37

Note: if you are required to file DPT4 , a resolution should be passed authorizing a director to file DPT4. Such approval can be in either First Board meeting or in subsequent board meeting. Similar requirement is for the granting or borrow of Loan o



Form 5 INV is not required to be filed in every case

  CA Nitesh Kumar More    04 August 2014 at 11:37

When a Company is required to file form 5 INV? As per Rule 3 of Investor Education and Protection Fund (Uploading of information regarding unpaid & unclaimed amount lying with companies) Rules 2012, every company (including Non-banking Financia



Simple Process to raise capital for unlisted companies under new Company Law

  CA Nitesh Kumar More    04 August 2014 at 11:36

A. A Pvt Ltd is having two members, Mr A & Mrs A. Co wants to raise Rs 2 Lakhs by issue of equity shares. Mr A & Mrs A do not want to invest further. Even Mrs A wants to sell some shares. However, Mr C wants to invest in the Company. It is



Changes made by Finance(No.2) Bill,14 passed by Lok Sabha

  CA Nitesh Kumar More    26 July 2014 at 12:23

Changes made by Finance (No. 2) Bill, 2014 as passed by the Lok Sabha 1. Unlisted securities and units of MF transferred between 1-4-2014 and 10-7-2014 shall be deemed to be long-term capital assets, if held for more than 12 months: It is propo



Income Tax - TDS and Section 40(a)(ia) - 2012 Amendment

  CA Nitesh Kumar More    14 June 2014 at 12:04

DEEMED date of payment of tax by the resident payee As per Section 40(a)(ia) of the Income Tax Act, the following deduction is not allowed: (ia) Any interest, commission or brokerage, fees for professional services or fees for technical services pay



Loan given by Holding Co. to Subsidiary Co. does not always attract Sec.185

  CA Nitesh Kumar More    31 May 2014 at 11:52

There is a general conception that if subsidiary co do not utilize loan given by its holding co for its principal business, provisions of sec 185 is attracted each & every time. In other words, if loan given or guarantee given or security provide