Which sections of the Companies Act applicable or having exemption for NBFC Companies in regard to loan, investment and borrowings ?
nbfc
compliances
Show Cause Notices issued by MCA for non-compliance with the Cost Audit Provisions:
The notices have been served electronically as envisaged in Section 20 of the Companies Act 2013 in section 148.
Sub-section (8) of Section 148 of the Act states "If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
Section 147. (1) If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both. (2) If an auditor of a company contravenes any of the provisions of section 139, section 143, section 144 or section 145, the auditor shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees:
SCN :
Show Cause Notice under Section 148 (8) of the Companies Act, 2013 (Act) XYZ LIMITED
1.WHEREAS, it has been found from our records that your company falls under the ambit of Cost Audit but has failed to submit the Cost Audit Report for the Financial Year 2014-15 within the statutory time limit prescribed by Sec. 148(6) of the Act and Rule 6 of Companies (Cost Records and Audit) Rules, 2014 (Rules) read with first proviso to Sec. 403(1) of the Act. Accordingly, sub-section (6) of Section 148 of the Act has been contravened.
2. WHEREAS, as per sub-section (8) of Section 148 of the Act, "If any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
3. Now, therefore the addressees, being the Company and its officers, are hereby called upon to show cause as to why action shall not be taken to initiate prosecution under clause (a) of sub-section (8) of Section 148 read with section 147(1) of the Act for contravention of section 148(6) of the Act read with sub-rule (5) and (6) of Rule 6 of the Rules.
4. Please take notice that if no reply is received or cause shown within 21 days from the date of issue of this notice, necessary prosecution against the company and all its officers who are in default shall be launched in the Court.
5. Your attention is invited to the provisions of Section 441 of the Act for compounding of the said offence.
6. In term of the provision of Section 20 of the Act, the notice is hereby being served on the company and all its officers who are in default at the registered office of the company by electronic mode on the email id provided by the company on MCA Portal.
7. Company is requested to bring this notice in the knowledge of its officers in default, immediately upon its receipt. GST is aligned with the cost audit and only smooth implementation of cost audit provisions and expansion of cost audit regime can help the companies to demand for the due share under GST in the form of reduced rates and the government based on the authentic data can take calls under GST regime with regard to anti-profiteering, valuations etc.
Please share how to Reply ?
compliance
cost
audit
provisions
companies
section
show
cause
notice
What are the compliance for issue of dividend to non resident ? Please confirm
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dividend
issue
compliance
Hello Members,
1. Is there any FEMA compliance for transfer of any amount by Indian Company to its South Africa Branch for business purpose (e.g Payment of salary by branch to South African Employee or any payment to local consultant)
2. Is there any FEMA compliance for transfer of any amount by South Africa Branch to its Indian Company (Head Office).
3. Is there any violation in FEMA if South Africa branch receive money on behalf of sales invoice raised by its Indian Company (Head Office)
share
transfer
compliance
fema
What are the compliance needs to be done under FEMA relating to contributions received from Foreign Person, who becomes a Partner in LLP.
Also confirm List of Forms to be filed with RBI.
compliances
Hi Everyone,
After new company registration, every company is getting suo moto labour law registration. Can somebody tell me that in a company which has still not reached to 10/20 as the case may be, is it necessary to file labour law returns?
Please help!
Regards
Vidushi
registration
company
after
compliance
Anyone dealing in post incorporation and annual compliances related to nidhi company?
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incorporation
post
Hello All,
Is there any penalty for non compliance of Form CSR 2?
penalty
compliance
Dear Members,
If anyone has a checklist tracker of all compliance with respect to MCA and ROC for a public ltd company ten please share the same
tracker
calendar
compliance
Dear Members,
Please reply what are the penal provisions if Company does not pay CSR obligation specified
in Sec 135 and if Company has not transferred unspent CSR amount as per Sec 135(5)
of Companies Act, 2013.
Is there any privilege available during the COVID times if Company has failed to comply
Sec 135(5) of Companies Act, 2013.
compliance
Dear Members,
Please reply what are the penal provisions if Company does not pay CSR obligation specified
in Sec 135 and if Company has not transferred unspent CSR amount as per Sec 135(5)
of Companies Act, 2013.
Is there any privilege available during the COVID times if Company has failed to comply
Sec 135(5) of Companies Act, 2013.
compliance
Dear Members,
Could some please forward the annual compliance calendar for NBFC?
calendar
compliance
annual
