June 2023

Section 166 The Companies Act, 2013

Section 166 The Companies Act, 2013

Duties of Directors (1) Subject to the provisions of this Act, a director of a company shall act in accordance with the articles of the company. (2) A director of a company shall act in good faith in order to promote the objects of the company for the benefit of its members as a whole, and in the best interests of the company, its employees, the shareholders, the community and for the protection of environment. (3) A director of a company shall exercise his duties with due and reasonable care, skill and diligence and shall exercise independent judgment. (4) A director of a company shall not involve in a situation in which he may have a direct or indirect interest that conflicts, or possibly may conflict, with the interest of the company. (5) A director of a company shall not achieve or attempt to achieve any undue gain or advantage either to himself or to his relatives, partners, or associates and if such director is found guilty of making any undue gain, he shall be liable to pay an amount equal to that gain to the company. (6) A director of a company shall not assign his office and any assignment so made shall be void. (7) If a director of the company contravenes the provisions of this section such director shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 165 of the Companies Act, 2013: Directorships Limit

Section 165 The Companies Act, 2013

Number of Directorships Under Section 165 of The Companies Act, 2013, there are rules regarding the maximum number of directorships a person can hold in various companies. Here’s a breakdown of the key points: 1) Limit on Directorships: According to this section, no individual can serve as a director in more than twenty companies simultaneously. However, there’s a cap of ten public companies for directorship.  2) Special Resolution: The members of a company can vote on a lesser number of directorships through a special resolution. Example: If the members of a company feel that the current director is overloaded with responsibilities, they can pass a special resolution to reduce the number of directorships they hold. (3) Transition Period: Individuals who hold directorships exceeding the limits specified in subsection (1) before the commencement of this Act are given a one-year grace period to adjust. Example: Sarah currently serves as a director in 30 companies, including 12 public companies. She must choose to continue serving in only 20 companies (including a maximum of 10 public companies) within a year and resign from the remaining directorships. (4) Resignation Effectiveness: Resignations from directorships become effective immediately upon submission to the respective companies. Example: After deciding to resign from two of the companies she serves on the board of directors for, Sarah submits her resignation letters to those companies, and they take immediate effect. (5) Enforcement: Violations of these provisions incur penalties, with individuals facing fines for each day they continue to serve in excess of the specified limits. Example: If Sarah continues to serve as a director in more than 20 companies beyond the one-year grace period, she will be fined Rs. 2000 for each day of violation, up to a maximum of Rs. 2 lakhs. These provisions aim to ensure that directors can effectively manage their responsibilities without being spread too thin across multiple companies, thus promoting accountability and efficient corporate governance. Understanding section 165 of the companies act 2013: Number of Directorships Section 165 of The Companies Act, 2013 lays down rules regarding the maximum number of directorships a person can hold simultaneously in various companies. According to this law, as of its enactment, no individual can serve as a director in more than twenty companies at the same time. However, there’s a limit on the number of directorships in public companies, capped at ten. It’s important to note that when calculating directorships in public companies, those in private companies related to public companies (like holding or subsidiary companies) are also counted. There’s a provision for companies to specify a lower limit on the number of directorships through a special resolution by its members. For those who already held directorships exceeding the prescribed limits before this law came into effect, they have a year to adjust. Within this period, they must choose to continue serving in a limited number of companies and resign from the excess ones, notifying each concerned company and the Registrar accordingly. Once a resignation is tendered, it takes immediate effect. Violation of these regulations incurs penalties. Initially set at a maximum of twenty-five thousand rupees per day under earlier amendments, it has been revised to a maximum penalty of five thousand rupees per day effective from February 9, 2018. The penalty accumulates for each day the violation persists, up to a maximum of two lakh rupees. An exception to these rules is provided for section 8 companies, exempting them from the provisions of Section 165 of The Companies Act, 2013. Examples: Let’s say Ram is currently serving as a director in 25 companies, out of which 15 are public companies and 10 are private. According to Section 165 of The Companies Act, 2013, he needs to choose which 10 public companies and which 10 private companies he wants to continue serving in and resign from the excess ones within a year. If Sanah accepts an appointment as a director in 22 companies, she would be in violation of Section 165, subject to a penalty of two thousand rupees for each day she continues to hold these excess directorships. Complete text of section 165 of the companies act 2013 related to number of directorships (1) No person, after the commencement of this Act, shall hold office as a director, including any alternate Directorship, in more than twenty companies at the same time: Provided that the maximum number of public companies in which a person can be appointed as a director shall not exceed ten. Explanation I — For reckoning the limit of public companies in which a person can be appointed as director, Directorship in private companies that are either holding or subsidiary company of a public company shall be included. 2[Explanation II.—For reckoning the limit of Directorships of twenty companies, the Directorship in a dormant company shall not be included.] (2) Subject to the provisions of sub-section (1), the members of a company may, by special resolution, specify any lesser number of companies in which a director of the company may act as Directors. (3) Any person holding office as director in companies more than the limits as specified in sub-section (1), immediately before the commencement of this Act shall, within a period of one year from such commencement,— (a) choose not more than the specified limit of those companies, as companies in which he wishes to continue to hold the office of director; (b) resign his office as director in the other remaining companies; and (c) intimate the choice made by him under clause (a), to each of the companies in which he was holding the office of director before such commencement and to the Registrar having jurisdiction in respect of each such company. (4) Any resignation made in pursuance of clause (b) of sub-section (3) shall become effective immediately on the despatch thereof to the company concerned. (5) No such person shall act as director in more than the specified number of companies,— (a) after despatching the resignation of his office as director or non-executive director thereof, in pursuance of clause (b) of sub-section (3); or (b) after the expiry of one year from the commencement of this Act, whichever is earlier. 6[(6) If a person accepts an

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Section 164 The Companies Act, 2013

Section 164 The Companies Act, 2013

Disqualifications for Appointment of Director (1) A person shall not be eligible for appointment as a director of a company, if — (a) he is of unsound mind and stands so declared by a competent court; (b) he is an undischarged insolvent; (c) he has applied to be adjudicated as an insolvent and his application is pending; (d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be appointed as a director in any company; (e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force; (f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call; (g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or (h) he has not complied with sub-section (3) of section 152. 6[5[4[(i) he has not complied with the provisions of sub-section (1) of section 165.]]] 1[(2) No person who is or has been a director of a company which— (a) has not filed financial statements or annual returns for any continuous period of three financial years; or (b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more, shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.] 2[Provided that where a person is appointed as a director of a company which is in default of clause (a) or clause (b), he shall not incur the disqualification for a period of six months from the date of his appointment.] (3) A private company may by its articles provide for any disqualifications for appointment as a director in addition to those specified in sub-sections (1) and (2): 3[Provided that the disqualifications referred to in clauses (d), (e) and (g) of sub-section (1) shall continue to apply even if the appeal or petition has been filed against the order of conviction or disqualification.] Exceptions/ Modification/ Adaptation 1. In case of Government company – Sub-section (2) shall not apply . – Notification dated 5th june, 2015. Amendment 2. Inserted by The Companies (Amendment)Act,2017– “> Amendment Effective from 7th May 2018 3. Substituted by the Companies (Amendment) Act,2017– Amendment Effective from 7th May 2018 In section 164 in sub-section (3) for the words:- “Provided that the disqualifications referred to in clauses (d), (e) and (g) of sub-section (1) shall not take effect— (i)for thirty days from the date of conviction or order of disqualification; (ii) where an appeal or petition is preferred within thirty days as aforesaid against the conviction resulting in sentence or order, until expiry of seven days from the date on which such appeal or petition is disposed off; or (iii) where any further appeal or petition is preferred against order or sentence within seven days, until such further appeal or petition is disposed off.” The following Clause shall be substituted, namely :- “Provided that the disqualifications referred to in clauses (d), (e) and (g) of sub-section (1) shall continue to apply even if the appeal or petition has been filed against the order of conviction or disqualification.” 4. Inserted by the Companies (Amendment) Ordinance,2018 dated 02.11.2018 5. Inserted by the Companies (Amendment) Ordinance,2019 dated 12.01.2019  [Companies (Amendment) Ordinance 2018 is repealed on 12th January 2019] 6.Inserted by the Companies (Amendment) Act,2019 -:Effective From 02nd November 2018 [Companies (Amendment) Second Ordinance 2019 is repealed on 31st July 2019] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 163 The Companies Act, 2013

Section 163 The Companies Act, 2013

Option to Adopt Principle of Proportional Representation for Appointment of Directors  Notwithstanding anything contained in this Act, the articles of a company may provide for the appointment of not less than two-thirds of the total number of the Directors of a company in accordance with the principle of proportional representation, whether by the single transferable vote or by a system of cumulative voting or otherwise and such appointments may be made once in every three years and casual vacancies of such Directors shall be filled as provided in sub-section (4) of section 161.] Exceptions/ Modification/ Adaptation 1. In case of Government Company- section 163 shall not apply to :- (a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; (b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company. – Notification dated 5th june, 2015. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 162 The Companies Act, 2013

Section 162 The Companies Act, 2013

Appointment of Directors to be Voted Individually (1) At a general meeting of a company, a motion for the appointment of two or more persons as Directors of the company by a single resolution shall not be moved unless a proposal to move such a motion has first been agreed to at the meeting without any vote being cast against it. (2) A resolution moved in contravention of sub-section (1) shall be void, whether or not any objection was taken when it was moved. (3) A motion for approving a person for appointment, or for nominating a person for appointment as a director, shall be treated as a motion for his appointment.] Exceptions/ Modifications/ Adaptations 1. In case of private company – section 162 shall not apply – Notification dated 5th june, 2015. 2. In case of Government Company – section 162 shall not apply to :- (a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; (b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company. – Notification dated 5th june, 2015. 3. In case of Specified IFSC Public Company – section 162 shall not apply. – Notification Dated 4th January, 2017. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 161 The Companies Act, 2013

Section 161 The Companies Act, 2013

Appointment of Additional Director, Alternate Director and Nominee Director (1) The articles of a company may confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a director in a general meeting, as an Additional Director at any time who shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier. *(2) The Board of Directors of a company may, if so authorised by its articles or by a resolution passed by the company in general meeting, appoint a person, not being a person holding any alternate Directorship for any other director in the company, 3[or holding Directorship in the same company], to act as an alternate director for a director during his absence for a period of not less than three months from India: Provided that no person shall be appointed as an alternate director for an independent director unless he is qualified to be appointed as an independent director under the provisions of this Act: Provided further that an alternate director shall not hold office for a period longer than that permissible to the director in whose place he has been appointed and shall vacate the office if and when the director in whose place he has been appointed returns to India Provided also that if the term of office of the original director is determined before he so returns to India, any provision for the automatic re-appointment of retiring Directors in default of another appointment shall apply to the original, and not to the alternate director. 1&2[(3) Subject to the articles of a company, the Board may appoint any person as a director nominated by any institution in pursuance of the provisions of any law for the time being in force or of any agreement or by the Central Government or the State Government by virtue of its shareholding in a Government company.] (4) 4[Omitted] public company if the office of any director appointed by the company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the Board of Directors at a meeting of the Board 5[which shall be subsequently approved by members in the immediate next general meeting] Provided that any person so appointed shall hold office only up to the date up to which the director in whose place he is appointed would have held office if it had not been vacated. Note: *Sub-section (2) has been notified as on 01/04/2014. Exceptions/ Modifications/ Adaptations 1. In case of Specified IFSC Public Company – In sub-section (3)of section 161, the following proviso shall be inserted, namely:- “Provided that in case of a Specified IFSC public company, the Board may appoint, any person nominated by any institution or company or body corporate as a director in pursuance of the provisions of any law for the time being in force or of any agreement or by the Central Government or the State Government by virtue of its shareholding in a Government company.”- Notification Dated 4th January, 2017. 2. In case of Specified IFSC Private Company – In sub-section (3) of section 161, the following proviso shall be inserted, namely:- “Provided that in case of a Specified IFSC private company, the Board may appoint, any person nominated by any institution or company or body corporate as a director in pursuance of the provisions of any law for the time being in force or of any agreement or by the Central Government or the State Government by virtue of its shareholding in a Government company.”- Notification Dated 4th January, 2017. Amendment 3. Inserted by The Companies (Amendment)Act,2017 :- Amendment effective from 9th february 2018 4. Omitted by the Companies (Amendment )Act,2017 :- Amendment effective from 9th february 2018 Original Omitted Content- “ In the case of a public company” 5. Inserted by The Companies (Amendment)Act,2017 :- Amendment effective from 9th february 2018 Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Form 16

form-16

Introduction Are you familiar with the mysterious Form 16? It’s a crucial piece of documentation that plays a vital role in income tax filing for salaried individuals. Whether you’ve just entered the workforce or have been a working professional for years, understanding Form 16 is essential to ensuring a smooth tax-filing experience. In this comprehensive guide, we’ll delve into the depths of Form 16, exploring its format, due dates, eligibility criteria, and the significance of TDS certificates The Basics of Form 16 Form 16 is a document provided by employers to salaried individuals. It serves as proof of tax deducted at source (TDS) from their salary. This form is a reflection of the employer-employee relationship and the financial transactions that occur during a particular financial year. TDS Certificates: Unlocking the Gateway to Compliance Before we delve further into Form 16, let’s address the significance of TDS certificates. These certificates act as a validation of the tax deducted by the employer from an employee’s salary. They serve as concrete evidence of the tax payment made on your behalf, making them crucial for income tax filing. Here are a few key points regarding TDS certificates: TDS certificates are issued by employers and are a legal requirement. The certificates are a proof of the tax deducted and deposited with the government. They provide a summary of the income earned and the taxes paid during the financial year. Now that we’ve established the importance of TDS certificates, let’s dive into the various components of Form 16. Decoding the Format of Form 16 Form 16 consists of two parts: Part A and Part B. Each part contains specific information that is essential for income tax filing. Part A of Form 16: A Sneak Peek into Your Salary Details Part A of Form 16 provides a comprehensive overview of your salary details. It includes information such as: Your employer’s details, including their name and address. Your personal details, including your name, PAN (Permanent Account Number), and employee code. A summary of your salary, including gross salary, allowances, perquisites, and deductions under various sections of the Income Tax Act. Part B of Form 16: Treading into Tax Calculation Territory Part B of Form 16 focuses on the computation of taxable income and the tax payable. It provides detailed information on: Income under the head “Salaries,” including exemptions and deductions. The total income after considering exemptions and deductions. The tax payable after applying the applicable tax rates. Details of tax payments made by you throughout the financial year. Demystifying the Due Date for Issuing Form 16 Now that we understand the structure of Form 16, it’s essential to know the due date for issuing this document to employees. Employers are legally obligated to provide Form 16 to their employees within a specified timeframe. The due date for issuing Form 16 is typically on or before the 15th of June of the year following the financial year in question. However, it’s important to note that this due date can vary depending on government notifications or extensions granted in exceptional circumstances. Frequently Asked Questions about Form 16 To provide you with a holistic understanding of Form 16, let’s address some common queries associated with this essential document: Q1: What is the eligibility criteria for Form 16? A1: Form 16 is applicable to salaried individuals whose employers deduct tax at source from their salary. If you fall under this category, you are eligible to receive Form 16 from your employer. Q2: How does Form 16 impact income tax filing? A2: Form 16 plays a crucial role in income tax filing for salaried individuals. It serves as proof of the tax deducted by your employer and helps you calculate your taxable income accurately. It also provides vital information required for filing your income tax return. Q3: Can I file my income tax return without Form 16?  A3: While Form 16 simplifies the income tax filing process, it is not the only document you can use. If you have all the necessary information regarding your income and tax deductions, you can still file your tax return without Form 16. However, having Form 16 makes the process smoother and reduces the chances of errors. Q4: Are there any penalties for not issuing Form 16 within the due date?  A4: Yes, there are penalties prescribed by the Income Tax Act for not issuing Form 16 within the stipulated due date. Employers may face penalties for non-compliance, which can include fines and legal consequences. Q5: Can Form 16 be used as proof of income for obtaining loans or other financial transactions?  A5: Yes, Form 16 can be used as proof of income for various financial transactions, such as obtaining loans, credit cards, or applying for visas. It provides a comprehensive summary of your salary and tax deductions, making it a reliable document for such purposes. Conclusion Form 16 holds significant importance in the income tax filing process for salaried individuals. It acts as proof of tax deducted at source, provides vital salary and tax details, and simplifies the computation of taxable income. Understanding its format, due dates, and eligibility criteria is essential for a smooth and accurate tax-filing experience. As an employee, make sure to keep track of the due date for receiving Form 16 from your employer. If you encounter any delays or issues, it is advisable to communicate with your employer or consult a tax professional for guidance. Remember,  it represents your compliance with tax regulations and ensures a transparent financial relationship between you, your employer, and the government. So, keep those TDS certificates handy, familiarize yourself with the Form 16 format, and embark on your income tax filing journey with confidence.   So there you have it! The secrets of Form 16 unveiled. Happy tax filing! Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company

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Section 160 The Companies Act, 2013

Section 160 The Companies Act, 2013

Right of Persons Other than retiring Directors to Stand for Directorship (1) A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meeting, left at the registered office of the company, a notice in writing under his hand signifying his candidature as a director or, as the case may be, the intention of such member to propose him as a candidate for that office, along with the deposit of 3[one lakh rupees] or such higher amount as may be prescribed which shall be refunded to such person or, as the case may be, to the member, if the person proposed gets elected as a director or gets more than twenty-five per cent. of total valid votes cast either on show of hands or on poll on such resolution. *6[Provided that requirements of deposit of amount shall not apply in case of appointment of an independent director or a director recommended by the Nomination and Remuneration Committee, if any, constituted under sub-section (1) of section 178 or a director recommended by the Board of Directors of the Company, in the case of a company not required to constitute Nomination and Remuneration Committee.] (2) The company shall inform its members of the candidature of a person for the office of director under sub-section (1) in such manner as may be prescribed.] Exceptions/ Modifications/ Adaptations 1. In case of private company – section 160 shall not apply – Notification dated 5th june, 2015. 2. In case of section 8 company – section 160 shall not apply to companies whose articles provide for election of Directors by ballot. – Notification dated 5th june, 2015.. 3. In case of nidhi company, in sub-section (1) of section 160, for the words “one lakh rupees”, the words “ten thousand rupees” shall be substituted. – Notification dated 5th june, 2015. 4. In case of Government Company – section 160 shall not apply to :- (a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; (b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company. – Notification dated 5th june, 2015. 5. In case of Specified IFSC Public Company – section 160 shall apply as per the articles framed by the company. – Notification Dated 4th January, 2017. Note : section 160 Discretionary Power of Board of section 8 company – Clarification Dated 14th October, 2014. * Proviso of sub section (1) has been notified on 9th February 2018 Amendment 6. Inserted by The Companies (Amendment)Act,2017 Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 159 The Companies Act, 2013

Section 159 The Companies Act, 2013

Penalty for Default of Certain Provisions [If any individual or director of a company makes any default in complying with any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be liable to a penalty which may extend to fifty thousand rupees and where the default is a continuing one, with a further penalty which may extend to five hundred rupees for each day after the first during which such default continues]]] Amendment 1. Substituted by the Companies (Amendment) Ordinance,2018 dated 02.11.2018 For section 159, If any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues. the following section shall be substituted, namely: If any individual or director of a company makes any default in complying with any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be liable to a penalty which may extend to fifty thousand rupees and where the default is a continuing one, with a further penalty which may extend to five hundred rupees for each day after the first during which such default continues. 2. Substituted by the Companies (Amendment) Ordinance,2019 dated 12.01.2019   [Companies (Amendment) Ordinance 2018 is repealed on 12th January 2019] 3. Substituted by the Companies (Amendment) Act,2019 -: Effective From 02nd November 2018 [Companies (Amendment) Second Ordinance 2019 is repealed on 31st July 2019] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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Section 158 The Companies Act, 2013

Section 158 The Companies Act, 2013

Obligation to Indicate Director Identification Number Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice  Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon Our Offices CA in Delhi | CA in Jaipur | CA in Gurgaon | CA Firm in India

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