Easy exit Scheme 2011

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 January 2011 In case we have loan from a person in the company who is died. Do we require to settle their account before going for the scheme or any other way so that we dont pay and company can go for the scheme?

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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13 January 2011 EES is not applicable on following companies:

(a) listed companies;
(b) companies that have been de-listed,
(c) companies registered under section 25 of the Companies Act, 1956;
(d) vanishing companies;
(e) companies where inspection or investigation is ordered and being carried out or yet to be taken up or where completed prosecutions arising out of such inspection or investigation are pending in the court;
(f) companies where order under section 234 of the Companies Act, 1956 has been issued by the Registrar and reply thereto is pending or where prosecution if any, is pending in the court;
(g) companies against which prosecution for a non-compoundable offence is pending in court;
(h) companies accepted public deposits which are either outstanding or the company is in default in repayment of the same;
(i) company having secured loan ;
(j) company having management dispute;
(k) company in respect of which filing of documents have been stayed by court or Company Law Board (CLB) or Central Government or any other competent authority;
(l) company having dues towards income tax or sales tax or central excise or banks and financial institutions or any other Central Government or State Government Departments or authorities or any local authorities.