Hi Law Experts,
Section 293A of the cos. act requires a min. 3 FINANCIAL YEARS existence of the co.
Can sm 1 explain the meaning of FINANCIAL YEAR??
Rgds & Thanks
Jatin Chaudhary
jatin chaudhary (CA Final) (29 Points)
10 March 2010Hi Law Experts,
Section 293A of the cos. act requires a min. 3 FINANCIAL YEARS existence of the co.
Can sm 1 explain the meaning of FINANCIAL YEAR??
Rgds & Thanks
Jatin Chaudhary
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 11 March 2010
As per section 210 (4) of the companies act, 1956
The period to which the account aforesaid relates is referred to in this Act as a "financial year" and it may be less or more than a calendar year, but it shall not exceed fifteen months :
Provided that it may extend to eighteen months where special permission has been granted in that behalf by the Registrar.
Rasesh
(CS CWA MBA (Fin) B.Com LL.B (Spl))
(6501 Points)
Replied 11 March 2010
In simple words, it should be the accounting years of the company. it does not matter, if the three years have a different period.
jatin chaudhary
(CA Final)
(29 Points)
Replied 11 March 2010
Thanks Gurus,
But to be more specific, is a co. reqd to be in existence for 3 FULL FINANCIAL YEARS or 2 FULL FY + 1 PART FY will suffice....
I got lost even after going thru CA Final - nov 02 question, extract of soln. goes as below :
"If the co. were incorporated on 1.10.99, it may make the pol contrib. as on 1.11.02."
My doubt is what is the period of FY assumed in this case? Does that mean it ends on 31March in all the three years.
Thanks/Jatin
Vikram Kothari
(Sen. Man.&CA Fin.LawTeacher)
(213 Points)
Replied 29 July 2010
i request all to look into this query.
Question of Nov. 02 days that
Company incoroprated on 1st Jan 2000 and on 1st Nov. 2002 it wants to give donation.\
According to general practice its 3 financials years are over
1. 1st Jan 2000 to 31st march 2000
2. 2000-01
3. 2001-02
So ideally it should be able to give donation on 1st Nov. 2002 however in Munish Bhandari it is said that can not give.
In answer to second part of this question which says that if co. is incorporated on 1st October 1999 then it can give donation.
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