Caro 2015 does small scale includes pvt co.
CA Piyush (CHARTERED ACCOUNTANT - PRACTICE) (361 Points)
15 March 2016CA Piyush (CHARTERED ACCOUNTANT - PRACTICE) (361 Points)
15 March 2016
Ajit Hegde
(CA - Final)
(1367 Points)
Replied 16 March 2016
Varun Sharma
(Proprietor-Sharma Varun & Co.)
(244 Points)
Replied 16 March 2016
Section 143(11) of the Companies Act, 2013
It shall apply to every company including a foreign company as defined in clause 42 of section 2 of the Companies Act, 2013(18 of 2013), except -
(v) a private limited company with a paid up capital and reserve not more than rupees fifty lakh and which does not have loan outstanding exceeding rupees twenty five lakh from any bank or financial institution and does not have a turnover exceeding five crore at any point of time during the financial year.
Hence, if a private company satisfies all the above three conditions then Section 143(11) of CA, 2013 shall not apply.
Section 2(85) ‘‘small company’’ means a company, other than a public company,—
(i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than five crore rupees; or
(ii) turnover of which as per its last profit and loss account does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than twenty crore rupees:
Provided that nothing in this clause shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act;
Hence, if a small company satisfies any of the above two conditions then Section 143(11) of CA, 2013 shall not apply.
CA Piyush
(CHARTERED ACCOUNTANT - PRACTICE)
(361 Points)
Replied 16 March 2016
Varun Sharma
(Proprietor-Sharma Varun & Co.)
(244 Points)
Replied 16 March 2016
Private company is define u/s 2(68) whereas Small company is defined u/s 2(85), now whether both criteria is being met by your company or not, you need to check it. Yes its not that both 'private company' and 'small company' are mutually exclusive, it depends on case to case basis.
Yes it can claim exemption if any of the two criteria, of a small company, is met, but if being a private company it does not satisfy any of the exemption criteria of a 'private company' then Section 143(11) shall be applicable.
I hope you understand this time.
CA Piyush
(CHARTERED ACCOUNTANT - PRACTICE)
(361 Points)
Replied 16 March 2016