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urgent queries.......

Jyoti Aggarwal (COMPANY SECRETARY) (336 Points)

21 May 2010

Dear Frnds,

I have following queries, pl advice

1-Whether a pvt ltd co needs to get charges registered against loan taken for Vehicles( Commercial or Car) which is normally against hyp of vehicle. What are the consequences if charges not get registered earlier.

2-Stamp duty on share transfer of a pvt ltd co- calculated @ 0.25% on consideration amount or Book Value( when consideration is less than Book Value or the shares are gifted)?

3- Any clue on valuation of shares of a pvt ltd co under Discounted Cash Flow Method- method and fixation of discounting factor.

Thanks in advance.

waiting for reply..

Regards

CS Jyoti Aggarwal

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13 Replies

CA. Rajesh P. Ahir (In Service @ PSU) (687 Points)
Replied 21 May 2010

SOLUTION : CHARGE IS REQUIRED TO BE REGISTERED WITHIN 30 DAYS(EXTENDED BY FURTHER 30DAYS). IF NOT REG. EARLIER THAN IT CANNOT BE REGISTERED AFTER THE PERIOD MENTIONED EARLIAR.

NOW YOU CAN CREATE FRESH HYP. AND REGISTER IT .

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Nitin Grover (CS) (1228 Points)
Replied 21 May 2010

Dear Friends You can register the charge in Form 8 within 30 days with out Additional Fee and than more 30 days with Additional Fee and after this CLB approval is required u/s 141 then file Form 21 Regards

Jyoti Aggarwal (COMPANY SECRETARY) (336 Points)
Replied 22 May 2010

If the charge is not created then now wat are the consequences if it is 10 yrs old ..???/

n pls also solve out my other two queries....

Mitali Agarwal (Company Secretary) (638 Points)
Replied 22 May 2010

Hello Jyoti,

1- I don't think that pledge or hypothecation of vehicles is reqd. to be reigistered. Pledge of movable property is not covered and hypothecation is a kind of pledge.

Contrary Views are solicited.

2- Stamp Duty on share transfer is 0.25% of face value of shares.

Jyoti Aggarwal (COMPANY SECRETARY) (336 Points)
Replied 22 May 2010

Dear Frnds,

Thanks for ur replies..

Can u also tel me the soure whre it is written.

actually in clause 62 of delhi Stamp Act says that .25% on value of shares

now the question is wat is the value of shares??

is it consideration or book value of shares?

I think it is Book value or consideration price whichever is higher.

Pls correct me if m wrong..

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RITU BAJAJ (COMPANY SECRETARY) (158 Points)
Replied 22 May 2010

I agree with Mitali that "Pledge of movable property is not covered and hypothecation is a kind of pledge." So charge is required to be created.

RITU BAJAJ (COMPANY SECRETARY) (158 Points)
Replied 22 May 2010

Stamp Duty is paid on the consideration amount. Other views are solicited.

Jyoti Aggarwal (COMPANY SECRETARY) (336 Points)
Replied 22 May 2010

Dear Ritu,

If stamp duty is to be paid on consideration den wat abt trf of shares as gift??

pls also tel me the source whre it is written

RITU BAJAJ (COMPANY SECRETARY) (158 Points)
Replied 22 May 2010

Dear Jyoti,

it has been held in Union of India v Kulu Valley Transport Ltd. (1958) that in case shares are not quoted, the value of the shares for the purpose of stamp means the price that the shares would fetch at the time of transfer or consideration agreed, whichever is higher.

Hope now its clear.

Jyoti Aggarwal (COMPANY SECRETARY) (336 Points)
Replied 22 May 2010

Thanks a lot Ritu....

Pls also solve my query No. 3rd if anybody have any idea abt this

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Niraj (CHARTERED ACCOUNTANTS) (72 Points)
Replied 22 May 2010

I agree with Mitali that charge is not required on the hypothetical vehicle.

Mitali Agarwal (Company Secretary) (638 Points)
Replied 22 May 2010

I agree with the learned members regarding stamp duty on share transfer that:

Under Indian Stamp Act,

Stamp duty on transfer of shares in a company or body corporate - It is 50 Paise for every hundred rupees or part thereof of the value of share. [It is 75 Ps as per Article 62 of Schedule I to Stamp Act, reduced to 50 Ps per Rs 100 vide notification No. SO 198(E) dated 16.3.1976]. As per section 21, the duty has to be calculated on the basis of market price prevalent on date of instrument and not on the face value of shares.