What are the provisions related to the prevention of oppression and mismanagement in a company?
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What are the provisions regarding the winding up and dissolution of a company under the Companies Act?
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What are the provisions related to corporate governance in the Companies Act?
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Hello Professionals
Whether all statutory registers maintained under the provisions of the Companies Act, 1956 need to be converted to electronic mode within the stipulated period of six months pursuant to the provisions of the Companies Act, 2013?
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What are the consequences of non-compliance with the provisions of Section 180?
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Hello Professional
Whether the provisions of CSR are applicable to section 8 companies?
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Hello Professionals
Section 2(41) defines the term ‘Financial Year’. Proviso to the said section
empowers Tribunal for allowing any period as financial Year. The provisions
relating to Tribunal are not notified. What is the recourse.
recourse
notified
tribunal
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provisions
Hello all,
Whether the provisions relating to special resolution under Section 188 are also applicable to transactions with wholly owned subsidiaries?
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special
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Dear all,
Whether provisions related to the Managerial Remuneration are applicable on all KMPs?
remuneration
managerial
provisions
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.
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Dear Members
Is it compulsory for a company to appoint an independent director
solely for the purpose of the provisions of the constitution of the CSR Committee even if it is not required to make any such appointment otherwise?
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provisions
comply
appointment
Any technical issue that DIN Status showing Provisional. While doing DIN KYC for my client which was applicable for filing this year. How to do ?
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