51 CAs and 3 CSs on radar in I-T crackdown against black money

Image result for EDThe ED will initiate action against them soon. The professionals are likely to face action in a case of money laundering to the tune of Rs 11,000 crore.

As many as 54 chartered accountants and company secretaries are under scanner of the income tax (I-T) department and the Enforcement Directorate for money laundering through shell companies, according to sources.

The ED will initiate action against them soon. The professionals are likely to face action in a case of money laundering to the tune of Rs 11,000 crore.

The agency had arrested two people Virendra and Surendra Jain in connection with the case four days ago. The agency is likely to send them notices soon for questioning, may initiate action under provisions of the Money Laundering Act.

These professionals are instrumental in circulating black money.

COME CLEAN BY MARCH 31: I-T DEPT TO BLACK MONEY HOARDERS

The income tax department today warned black money holders that it has “information” about their illegal deposits and they should avail the soon-to-end Pradhan Mantri Garib Kalyan Yojna (PMGKY) window to come clean on their unaccounted wealth or “regret later”. The window under the Pradhan Mantri Garib Kalyan Yojna (PMGKY) closes on March 31.

Related imageAdvertisements issued in national dailies said that the income tax department has information about your deposits. The department also said that total “confidentiality is ensured” to those who declare their black assets and funds under this scheme.

The department had also of late cautioned those who had undisclosed income to either avail this scheme or face stringent action under Benami laws, adding that the defaulters’ names would also be shared with the central probe agencies like the Enforcement Directorate and the CBI.

Image result for ca

Professional Misconduct of CA Results Investigation of ICAI – Direction By NCLT

Case – East India Investments Holdings PTE Ltd Vs Mr Sudhindran Parikkal & Mr Chockalingam – NCLT Chennai bench.

Image result for ICAIMisconduct on the part of chartered accountants- NCLT refers the case to the institute of chartered accountants for investigation.

It was alleged by the petitioner that Respondents are being chartered accountants who certified the company documents such as DIR-12 and INC-22 without proper verification and without following the procedures laid down in the declaration contained in the certificates.

It was contended by the petitioners that the practising professionals colluded with company and certified the documents with the mala-fide intentions mainly for promoting personal gain and with an intention to defraud.

The petitioner considered the erred chartered accountants and included them in the petition and prayed for a direction to the Institute of Chartered Accountants of India to initiate disciplinary action against the erred professionals.

The chartered accountants averred their innocence and claimed immunity against false allegation as they certified the documents on the basis of the information provided by the company officials.

The petitioner argued that if such kind of misconduct is not taken note of , then , the same is likely to encourage other such chartered accountants to follow suit where the reputation of Chartered Accountants Institute will be finally in peril.

Image result for NCLTIn this case, the NCLT referred the allegations on the chartered accountants involved and directed the Institute of Chartered Accountants of India to initiate the investigation of professional and other misconduct .

The above case is an eye opener to all the professionals who are certifying the forms for MCA to show utmost care and diligence and check for all the information needed before certifying forms for filing with the ROC.

Martyrdom Day | March 23 – Shaheed Bhagat Singh

shaheedi-diwas-bdOn the night of March 23, 1931, Bhagat Singh, Sukhdev and Raj Guru’s patriotism was hanged by the words of the crime. It is said that the death penalty was fixed on the morning of March 24, but the fear of some big public outcry was frightened by the British government on the night of March 23, the lifelines of these revolutionaries were eliminated. In the darkness of the night, their funeral was also done on the banks of the Sutlej.

Bhagat Singh was sentenced to death in the Lahore conspiracy case, and at the age of 24, only on the night of 23 March 1931, he laughed and kissed the hanging of the hanging of ‘Inqlab Zidabad’.

Bhagat Singh also became a source of inspiration for the youth. They were the leader of country’s martyrs. (India-Darshan compilation)

List of 23 fake universities in India

Image result for 23 fake universitiesThe University Grants Commission has said that there are 23 fake universities in the country, out of which seven are in the national capital.

Minister of state for human resource development Mahendra Nath Pandey told the Rajya Sabha recently that the ministry had written to state governments to investigate the matter and register police complaints against fake universities.

Here is a list of the 23 fake universities in the country:

Bihar

1) Maithili University/Vishwavidyalaya, Darbhanga, Bihar.

Delhi

2) Commercial University Ltd., Daryaganj, Delhi.

3) United Nations University, Delhi.

4) Vocational University, Delhi.

5) ADR-Centric Juridical University, ADR House, 8J, Gopala Tower, 25 Rajendra Place, New Delhi – 110 008.

6) Indian Institute of Science and Engineering, New Delhi.

7) Viswakarma Open University for Self-Employment, Rozgar Sewasadan, 672, Sanjay Enclave, Opp. GTK Depot, Delhi-110033.

Karnataka

8) Badaganvi Sarkar World Open University Education Society, Gokak, Belgaum, Karnataka.

Kerala

9) St. John’s University, Kishanattam, Kerala.

Maharashtra

10) Raja Arabic University, Nagpur, Maharashtra.

West Bengal

11) Indian Institute of Alternative Medicine, Kolkatta.

12) Institute of Alternative Medicine and Research,8-A, Diamond Harbour Road, Builtech inn, 2nd Floor, Thakurpurkur, Kolkatta – 700063

Uttar Pradesh

13) Varanaseya Sanskrit Vishwavidyalaya, Varanasi (UP) Jagatpuri, Delhi.

14) Mahila Gram Vidyapith/Vishwavidyalaya, (Women’s University) Prayag, Allahabad, Uttar Pradesh.

15) Gandhi Hindi Vidyapith, Prayag, Allahabad, Uttar Pradesh.

16) National University of Electro Complex Homeopathy, Kanpur, Uttar Pradesh.

17) Netaji Subhash Chandra Bose University (Open University), Achaltal, Aligarh, Uttar Pradesh.

18) Uttar Pradesh Vishwavidyalaya, Kosi Kalan, Mathura, Uttar Pradesh.

19) Maharana Pratap Shiksha Niketan Vishwavidyalaya, Pratapgarh, Uttar Pradesh.

20) Indraprastha Shiksha Parishad, Institutional Area,Khoda,Makanpur,Noida Phase-II, Uttar Pradesh.

21) Gurukul Vishwavidyala, Vridanvan, Uttar Pradesh.

Odisha

22) Nababharat Shiksha Parishad, Anupoorna Bhawan, Plot No. 242, Pani Tanki Road,Shaktinagar, Rourkela-769014.

23) North Orissa University of Agriculture & Technology, Odisha.

* Bhartiya Shiksha Parishad, Lucknow, UP – the matter is subjudice before the District Judge – Lucknow

Click here to view official notification

Word Format – Secretarial Audit Report (Listed Company)

‘Secretarial Audit’ has been introduced by recently enacted Companies Act, 2013.  It is a process to check compliance made by the Company under Corporate Law & other laws, rules, regulations, procedures etc. It is a mechanism to monitor compliance with the requirements of stated laws and processes. Periodical examination of work is necessary to point out errors & mistakes and to make a robust compliance mechanism system in an organization.

Every company needs to comply hundreds of Laws, rules, regulations. These laws are complex and non-compliances would attract major risk to company. Periodically inspecting the records of company gives exact information whether, and if so, to what extent Company has complied with the laws applicable to the Company.

As per section 204 of the Companies Act, 2013 read with Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, following companies are required to obtain ‘Secretarial Audit Report’ form independent practicing company secretary;

  1. Every listed company
  1. Every public company having a paid-up share capital of Fifty Crore rupees or more; or
  1.  Every public company having a turnover of Two Hundred Fifty Crore rupees or more.
  • “Turnover” means the aggregate value of the realization of amount made from the sale, supply or distribution of goods or on account of services rendered, or both, by the company during a financial year. [Section 2(91)]
  • Secretarial Audit is also mandatory to a private company which is a subsidiary of a public company and which falls under the prescribed class of companies

Click here to download – WORD FORMAT – SECRETARIAL AUDIT REPORT

Word format of TM-A (Application for registration of a trademark)

FORM TM – A
The Trade Marks Act, 1999
Application for registration of a trademark

[The relevant information must be filled up in coloured box against the respective head]

1 NATURE OF THE APPLICATION:  
[(a) The applicant must choose either of the following categories-
1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
Standard trademark here means an application for registration of a trademark not being a Collective or Certification trademark or Series of marks
(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-M must be submitted.]
2 Whether application filed as

(Please choose and specify)

In case of startup/ Small Enterprise, requisite certificate should be provided.

 
  FEE:  
3 APPLICANT  
Name: *  
Trading as:  
Address:*  
  (State)                                         (Country)
[ This address should be the address of the applicant’s principal place of business in India]
Address for service:  
  (State)                                         (Country)
[(a) Unless otherwise specifically stated, the applicant’s address shall be the address for service of the applicant who has principal place of business in India.
(b) The address for service in India must be provided, in case the applicant does not carry business in India]
Mobile No.:  
E-mail address*:  
Nature of the applicant:  
[The applicant must choose either of the following categories-

1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership,5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of persons 10. Hindu Undivided Family

4 APPLICANT’S AGENT (if any):  
Name*:  
Address*:  
[In case of authorization of agent, the address of the agent may be

mentioned as the applicant’s address for service]

 
Mobile No.* :  
E-mail address*:  
Nature of the Agent:  
[The applicant must choose either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
Registration No.:  
5 TRADEMARK: (trademark to be mentioned here)
Category of mark:  
[The applicant must choose either of the following categories-
1. Word mark (it includes one or more words, letters, numerals or anything written in standard character),

2. Device mark (it includes any label, sticker, monogram, logo or any geometrical figure other than word mark),

3. Colour (when the distinctiveness is claimed in the combination of colours with or without device),

4. Three dimensional trademark (it includes shape or packaging of goods),

5. Sound

Description of the mark:  
[(a) Description of mark must be provided in terms of Rule 26.
(b) In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.
(c) In case of colour marks the description may be like “The trade mark consists of three vertical stripes in the colours PURPLE, GREEN and YELLOW applied to the fascias of buildings and to doors as shown in the representation of the mark.”
(d) In case of sound marks representation of specific musical notes must be submitted at the place provided for the trademark. The applicant is also required to submit sound clipping in MP3]
6 IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH:  
Language:  
Transliteration of the mark in roman script:  
[Transliteration of the mark in roman script must be provided in case the mark is in a language other than Hindi or English
Translation of the mark in English:  
[Translation of the mark in English must be provided in case the mark is in a language other than Hindi or English
7 Conditions or Limitations to use the trademark, if any  
8 CLASS OF GOODS OR SERVICE: DESCRIPTION OF GOODS AND SERVICE:
   
9 STATEMENT AS TO USE OF MARK: [ ] Proposed to be used
  [ ] The mark is used by the applicant or its

predecessor in title Since…………………………………. in respect of all the goods and/or service mentioned in the application.

[(a) The applicant must select either of the above
(b) The date of use must be given in the format (DD/MM/YYYY) and shall refer to all items mentioned in the application.
(c) In case the use of the Trade Mark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents
(d ) The statement as to use of the mark once made shall be final]
10 PRIORITY CLAIM, IF ANY:  
Priority claimed since  
Priority claim based on application filed in the Convention Country or

organization

Name of the country or organization
Priority Application No.  
[The priority must be claimed in respect of all goods and services mentioned in the application]  
11 ANY OTHER IMPORTANT INFORMATION OR STATEMENT:  
[Applicant may provide here any other information or statement in relation to his application]
12 VERIFICATION: I hereby verify that above mentioned facts are true and correct to best of my knowledge and belief.
13 DETAIL OF THE PERSON SUBMITTING THE APPLICATION:  
Signature:  
Name:  
Authority:

Click Here 2 Download Word Format of FORM-TM-A

 

 

NCLT impose penalty on company for non appointment of CS

M/s CARMEL ASIA HOLDINGS PRIVATE LIMITED WAS ASKED TO PAY A COMPOUNDING FINE OF Rs 4,72,675 for Not Appointing Company Secretary

Bangalore NCLT has made remarkable verdict where it ordered to pay a compounding fee of Rs 4,72,875 for Not Appointing Company Secretary .

Image result for ncltThe Company approached the erstwhile CLB and the present NCLT , Bangalore to compound the offence committed by it under section 383A for not appointing company secretary under section 383 A of the Companies Act ,1956. (Section 203 of Companies Act 2013)

It was argued by the petitioner company that even though it had appointed many company secretaries , they left the company in search of green pastures.

The Practicing Company secretary of the Company has informed the NCLT that the petitioner company is a subsidiary of M/s Sandur Power Company Limited and did not have adequate business activities and due to limited exposures , the appointed company secretaries are leaving the company in a short period. As such , the company is not able to get full time secretary during the intervening period.

It reflects that Petitioner Company has taken reasonable efforts to comply with the provision of the section 383 A of the CA 1956 but could not get a Company Secretary for the continuous period.

383A. Certain companies to have secretaries (1) Every company having such paid-up share capital as may be prescribed (Rs. 5 crores) shall have a whole-time secretary and where the Board of directors of any such company comprises only two directors, neither of them shall be the secretary of the company: Provided that every company not required to employ a whole-time secretary under sub-section (1) and having a paid-up share capital of 10 lakh rupees or more shall file with the Registrar a certificate from a secretary in whole-time practice in such form and within such time and subject to such conditions as may be prescribed, as to whether the company has complied with all provisions of this Act and a copy of such certificate shall be attached with Board’s Report referred to in Section 217.

It is to be noted that argument by the company that it took earnest efforts to appoint a company secretary and is using the services of a practicing company secretary was not accepted by the NCLT , Bangalore.

Image result for Tribunal orderNow , the available company secretaries has touched the land mark trend of 50000 numbers , companies in India cannot argue that adequate company secretaries are not available for employment and they are taking earnest efforts to find a company secretary or using the services of a practicing company secretary.

There are lot of company secretaries who have qualified recently are find it difficult to sit in a job and they are jobless. They are vexed to blame themselves for successfully completing the company Secretaries course.

If any member finds that a company avoids to fill in a company secretary position , they can bring it to the notice of concerned Registrar of Companies.

NCLT , Bangalore decision is a land mark decision and it is an eye opener for those erring companies which has not appointed a company secretary.

Click here to read final order