Hi
My client company based on Hyderabad invoiced his sales to customer with in india in INR, that customer is having financing arrangement with the Denmark foreign bank with the guarantee of our parent company based in denmark. now they want to release funds in USD that our bank is no accepting. is it allowed under FEMA.

We are in opinion of opening a account for utilization of Foreign contribution, whether such new account also be in scheme of FC account or normal account can be opened?
Please give a suggestion ASAP.

Loan taken for personal purpose but the client have only one bank account ie business account the amount credited to business account how to show in books

Dear all,
I am an Article doing my Articleship under a CA in Mumbai. My Current Stipend is Rs.8,000/-pm hence my firm is deducting PT from my stipend as it exceeds the Limit of Rs. 7,000/-pm.

Please guide me whether he should deduct it or not.

If possible,in case of Caselaws, Kindly provide it of Maharashtra Jurisdiction, or otherwise Give the reference of the Act

Thank You!!!

Dear All,

Fees for increasing Authorize share capital from 25 Lakhs to 50 Lakhs is coming Rs 50000,where as
from 25 Lakhs to 51 Lakhs fees coming RS. 125000.00 , please guide me (The Company is registered in West Bengal)

A Private Limited Co fails to file Cost Audit Report for the Financial Year 12-13. The Cost Auditor who has done the cost audit is also absconding to do his duties. Hence, co is in the adverse situation whether to file 23D or CRA-4 to file Cost Audit Report for 12-13.

Also co has tried to file CRA-4 but repeatedly the file is unable to upload with some how with comments. May times token has been raised in MCA but no results.

Kindly guide in this matter.

Hello to All Experts,

We are exporter of services and provide services to foreign client. Earlier we had proprietary concern for the same but later we created private limited company. We had raised some invoices from Private Limited Company but due to some errors payment i.e. remittances got credited into proprietary account. Now what could be the solutions for this.

Is gratuity provisions applicable for the trust ?. If so, there is trustee who worked for almost 20 years. On his retirement will he be paid gratuity ?

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)

Invoice consists of both material and service i.e. installation. Material received but installation was not done. Vendor requested for payment of material value. Installation charges will be paid after installation. In this case, is it required to charge TDS on service i.e. installation charges?