Month: November 2012

Legal Jargon

Word: “Contempt” Meaning: A failure to show appropriate respect for something that other people consider to be important. Example:A person held in “contempt” of the court may be incarcerated. Pronounciation: con+tempt Word: “Incarcerate” Meaning: to detain a person in prison, typically as punishment for a crime (custodial sentence). Example: He is currently incarcerated in spain …

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Lets Analyze

In the previous issue we have been discussing regarding the Section 2(30) of the Companies Act 1956, we shall continue to deal with the same Section in this issue also. Section 2(30) reads as under: “Officer includes any Director, Manager or Secretary or any person in accordance with whose directions or instructions the Board of …

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Position of Company Secretaries under the Companies Bill, 2011

Introduction The present Companies Act in India was enacted in 1956 and has since been amended nearly 20 – 25 times by incorporating several major and minor alterations and also effecting several deletions. Moreover, over the years hundreds of circulars and notifications have also enlarged the scope of the Act. A view has emerged that …

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RESERVE BANK OF INDIA (RBI)

Export of Goods and Services – Simplification and Revision of Softex Procedure – The simplified and revised Softex procedure was introduced by RBI vide A.P. (DIR Series) Circular No.80 dated February 15, 2012 and since its introduction, the revised procedure for export of software services has been running successfully at the 5 designated centres. RBI …

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The Prevention of Money Laundering Act, 2002

Purpose: An act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money laundering. Background: The statutes prevailing before the Prevention of Money Laundering Act, 2002 are: Criminal Law Amendment Ordinance (XXXVIII of 1944) The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 Narcotic Drugs and Psychotropic …

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Assistant Commissioner Of Income Tax V. Biraj Investment (P) Ltd [Guj]

Section 108 of the Companies Act,1956 read with Section 2(47) of the Income Tax Act, 1961 – transfer of shares – assessee transferred pledged shares and showed capital gains as well as loss – AO rejected the claim on the ground that pledged shares cannot be transferred – whether tenable- Held, No. Brief facts   …

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SANJAY GHAI Vs. ASSTT. CIT & ORS. in W.P.(C) 2303/2012 & 5175/2012 Dated 11.10.2012 (DHC)

Case Decided  on – 11.10.2012 Issue Involved: In this case, the issue involved was that if there is a default on the part of a private limited company in payment of its income tax dues to the Income Tax Department then the liability of the company can be shifted to its director(s) u/s 179 of …

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