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CA Sanjiv Kumar

Enlightened Chartered Accountant
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  1. Asked: February 2, 2023In: Finance

    Is there any summary of Budget 2023?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on February 4, 2023 at 6:26 pm

    HI Hope this summary will work for you: Indirect Taxes 1. Customs duty on goods of textiles, toys, bicycle reduced from 21 to 13% 2. To promote Green Mobility - basic customs duty concession for lithium ion battery 3. To promote Electronics manufacture- relief on customs duty for camera lens and litRead more

    HI Hope this summary will work for you:

    Indirect Taxes
    1. Customs duty on goods of textiles, toys, bicycle reduced from 21 to 13%
    2. To promote Green Mobility – basic customs duty concession for lithium ion battery
    3. To promote Electronics manufacture- relief on customs duty for camera lens and lithium battery
    4. Television – TV panels customs duty reduced
    5. Electric kitchen chimney to reduce inverted duty structure from 7.5 to 15 percent
    6. Benefit for ethanol blending program and acid program and epichlorohydrine
    7 Marine Products- to promote exports – shrimps, etc. Duty on shrimpfeed reduced
    8. Basic Customs duty reduced for seeds in manufacture for diamonds
    9. Customs duty to increase in silver bars
    10. Steel – concessional customs duty on steel and ferrous products
    11. Copper – concessional customs duty on copper
    12. Rubber – concessional customs duty on rubber
    13. Cigarettes – increased tax

    Direct Taxes
    1. Common IT form and grievance redressal system
    2. MSME – avail benefit of presumptive taxation increased to 44AD to 3 crores
    Professionals u/s 44ADA – 75 lakhs
    Provided receipt in cash doesn’t exceed 5%
    3. TDS only on payment for deduction
    4. Co-operatives tax -15%
    Higher limit of 2 lakh per member for cash deposit in agricultural banks
    Higher limit of Rs. 3 crores on TDS for cooperative societies
    5. Startups
    To avail startup benefits from 31-03-2023 to 31-03-2024
    6. 100 new joint commissioners for appeal
    7. S.54 to S.54F capped at 10 crores
    8. TDS on Online gaming –
    9. TDS 30% to 20% on taxable portion of EPF
    10. Extending funds for GIFT and IFSC

    Personal Income Tax
    1. Rebate for income upto 7 lakhs u/s 87A in the new tax regime
    2. New tax regime from
    0-3 lakhs nil
    3-6 lakhs- 5%
    6-9 lakhs 10%
    9-12 lakhs 15%
    12-15 lakhs 20%
    Above 15 lakhs- 30 %
    3. Standard deduction for new tax regime for Rs. 15.5 lakhs or more -52,500
    4. Reduction of highest surcharge from 37% to 25% on new income tax regime
    5. Limit on tax exemption for leave encashment is increased from 3,00,000 to 25,00,000
    6. New income tax regime default regime (option to avail old scheme available)

     

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  2. Asked: March 31, 2022In: Corporate Laws

    What is the provision in the Companies Act, 2013 for an interested director to participate in a meeting where a contract/ arrangement is discussed in which he is interested?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on September 29, 2022 at 10:56 pm

    Under section u/s 184 (1) and (2) disclosure is required to be given by the directors. Section 184 (1) is a general disclosure requires to be given by all directors to disclose their concern or interest in any company (ies), bodies corporate, firms, or other association of individuals, along with shRead more

    Under section u/s 184 (1) and (2) disclosure is required to be given by the directors.

    Section 184 (1) is a general disclosure requires to be given by all directors to disclose their concern or interest in any company (ies), bodies corporate, firms, or other association of individuals, along with shareholding in the following situation:

    1. At the first Board Meeting in which he participates as a Director post appointment;
    2. At the first Board Meeting held in every financial year;
    3. At the first Board Meeting held after any change in the interest or concern in the disclosures already made earlier

    Disclosure u/s 184 (2) is a specific disclosure given by the director at the meeting of
    the Board in which a contract or arrangement is discussed and entered into/proposed to be entered into with any entity in which such director has an interest in the manner/ to the extent specified therein.

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  3. Asked: March 31, 2022In: Corporate Laws

    What are the matters in respect of which a director shall not be reckoned for quorum?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 8:47 pm

    A Director shall not be reckoned for Quorum in respect of an item in which he is interested and he shall not be present, whether physically or through Electronic Mode, during discussions on such item. For this purpose, a Director shall be interested in a contract or arrangement entered into or propoRead more

    A Director shall not be reckoned for Quorum in respect of an item in which he is interested and he shall not be present, whether physically or through Electronic Mode, during discussions on such item.
    For this purpose, a Director shall be interested in a contract or arrangement entered into or proposed to be entered into by the company:
    (a) with the Director himself or his relative; or 42 FAQ’s on the Companies Act, 2013
    (b) with any body corporate, if such Director, or such Director along with other Directors holds more than two percent of the paid-up share capital of that body corporate, or he is a promoter, or manager or chief executive officer of that body
    corporate; or
    (c) with a firm or other entity, if such director or his relative is a partner, owner or member, as the case may be, of that firm or other entity.

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  4. Asked: March 31, 2022In: Corporate Laws

    Is it compulsory for Company Secretary to attend all Board, Committee and General Meetings?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 8:44 pm

    It is the duty of the Company Secretary to attend all Board, Committee and General Meetings as mentioned in section 205 of the Companies Act, 2013 read with Rule 10 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014. Accordingly, Yes, it is mandatory for CS to attendRead more

    It is the duty of the Company Secretary to attend all Board, Committee and General Meetings as mentioned in section 205 of the Companies Act, 2013 read with Rule 10 of the Companies (Appointment and Remuneration of Managerial
    Personnel) Rules, 2014.

    Accordingly, Yes, it is mandatory for CS to attend all the board meetings.

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  5. Asked: March 31, 2022In: Corporate Laws

    Is it mandatory to file the return of appointment of KMPs appointed in terms of Section 203?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 8:41 pm

    KMPS means a managing director, a whole time director or manager, a chief executive officer, a company secretary, and a Chief Financial officer. It is mandatory for a company to file a return of appointment of a managing director, whole time director or manager, chief executive officer, company secrRead more

    KMPS means a managing director, a whole time director or manager, a chief executive officer, a company secretary, and a Chief Financial officer.

    It is mandatory for a company to file a return of appointment of a managing director, whole time director or manager, chief executive officer, company secretary and Chief Financial officer in Form no. MR.1 as prescribed in Rule 3 of the Companies
    (Appointment and Remuneration of Managerial Personnel) Rules, 2014.
    Further, particulars of appointment of KMP and any change among them are also required to be filed in Form DIR-12.

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  6. Asked: March 31, 2022In: Corporate Laws

    Can the KMP of holding company be appointed in only one subsidiary or in all subsidiaries of holding company at the same time?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 8:27 pm

    In my view, he can be appointed only in one subsidiary company although It's not clear anywhere in the act, but if we see the provision of section 203 (3) of the Companies Act, 2013, which says that a Wholetime KMP of a company shall not hold office in more than one company except in its subsidiaryRead more

    In my view, he can be appointed only in one subsidiary company although It’s not clear anywhere in the act, but if we see the provision of section 203 (3) of the Companies Act, 2013, which says that a Wholetime KMP of a company shall not hold office in more than one company except in its subsidiary company.

    This section strictly restricts a person from holding office in more than one company, while at the same time enables a person to hold office in its subsidiary company, and ideally, he may be appointed in only one subsidiary.

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  7. Asked: March 31, 2022In: Corporate Laws

    Can a person be Managing Director in two companies?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 7:59 pm

    Yes, a person can be a Managing Director in two companies. As per the third proviso to section 203(3) of the Companies Act, 2013, a company may appoint or employ a person as its MD, if he is the MD or Manager of one and not more than one other company with the consent of all directors present at theRead more

    Yes, a person can be a Managing Director in two companies.

    As per the third proviso to section 203(3) of the Companies Act, 2013, a company may appoint or employ a person as its MD, if he is the MD or Manager of one and not more than one other company with the consent of all directors present at the meeting.

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  8. Asked: March 31, 2022In: Corporate Laws

    Whether provisions related to the Managerial Remuneration are applicable on all KMPs?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 22, 2022 at 7:56 pm

    Section 197 of the companies Act prescribes certain limits and compliance on the remunerations of directors, including the Managing Director, Whole Time Director, and manager. Schedule V provides conditions with regard to appointment and remuneration of Managing director, whole-time Director and manRead more

    Section 197 of the companies Act prescribes certain limits and compliance on the remunerations of directors, including the Managing Director, Whole Time Director, and manager. Schedule V provides conditions with regard to
    appointment and remuneration of Managing director, whole-time
    Director and manager.

    In view of the above, the provisions related to the managerial remuneration are not applicable to all KMPs but they are applicable only to such managerial personnel as mentioned in Section 197 and  Schedule V to the Companies Act, 2013. Therefore, CS and CFO not being managerial personnel as mentioned in Section
    197, hence, the provisions of Section 197 will not apply on them.

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  9. Asked: December 22, 2021In: GST

    What is quarterly return and monthly payment scheme under GST and benefit for assessee?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 22, 2022 at 12:40 pm

    Hi The QRMP (Quarterly return and monthly payment) scheme is introduced to help small taxpayers whose turnover is less than Rs.5 crores. As clear from the name It allows the taxpayers to file GSTR-3B on a quarterly basis and pay tax every month. It was brought into effect from 1st January 2021 for tRead more

    Hi

    The QRMP (Quarterly return and monthly payment) scheme is introduced to help small taxpayers whose turnover is less than Rs.5 crores. As clear from the name It allows the taxpayers to file GSTR-3B on a quarterly basis and pay tax every month.

    It was brought into effect from 1st January 2021 for the users having aggregate turnover of up to INR 5 crores in the previous financial year.

    Previously, taxpayers were required to file GSTR-1 and GSTR-3B monthly, but with the QRMP scheme, they can file returns once a quarter.

    Once the user opts for this scheme, He will continue to be in this scheme unless he crosses the turnover threshold or opt-out of it.

    Use can opt-in/out of the QRMP scheme by visiting the GST portal by clicking Login > Services > Returns. Then, click the Opt-in for quarterly return option.

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  10. Asked: December 16, 2021In: Finance

    What are the implications of RBI guidelines on current account

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 22, 2022 at 12:28 pm
    This answer was edited.

    RBI issued guidelines for the opening of multiple operating accounts by borrowers, both current accounts, as well as cash credit (CC)/overdraft (OD), accounts to curb diversion of funds and fraud with banks. By these guidelines, banks will be having complete information of the banking exposure of thRead more

    RBI issued guidelines for the opening of multiple operating accounts by borrowers, both current accounts, as well as cash credit (CC)/overdraft (OD), accounts to curb diversion of funds and fraud with banks. By these guidelines, banks will be having complete information of the banking exposure of the clients and can easily access their potential and credit limit for further credit. It will not only strengthen their banking system but also will reduce the chances of NPA and bad loans. However, Now banks have to create such infrastructure to implement these guidelines. 

    These Guidelines are as under:

    1. Borrowers who have availed credit facilities:  no bank can open current accounts for customers who have availed of credit facilities from the banking system. All transactions should be routed through the CC/OD account.
    2. Borrowers who have not availed of CC/OD facility from any bank: if a bank has less than 10 % of the borrower’s credit exposure, then debits to the CC/OD account can only be for credit to the CC/OD account with a bank that has 10 % or more of the credit exposure. By this restriction on debits from smaller accounts, the RBI intends to check the diversion of funds and keep the banking activity within the key consortium lenders to the borrowers.
    3. Borrowers who have not availed of CC/OD facility from any bank: For these customers, banks may open current accounts if the banking exposure of this customer is less than Rs 50 crore. Here, current accounts of borrowers can only be opened/maintained by the escrow managing bank.

    For details guidelines, the following link can be referred to: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12137&Mode=0

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