December 2023

Section 245 – The Insolvency and Bankruptcy Code, 2016

Amendment of Act 9 of 1932 The Indian Partnership Act, 1932 shall be amended in the manner specified in the First Schedule. 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 244 – The Insolvency and Bankruptcy Code, 2016

Transitional provisions (1) Until the Board is constituted or a financial sector regulator is designated under section 195, as the case may be, the powers and functions of the Board or such designated financial sector regulator, including its power to make regulations, shall be exercised by the Central Government. (2) Without prejudice to the generality of the power under sub-section (1), the Central Government may by regulations provide for the following matters: – (a) recognition of persons, categories of professionals and persons having such qualifications and experience in the field of finance, law, management or insolvency as it deems necessary, as insolvency professionals and insolvency professional agencies under this Code; (b) recognition of persons with technological, statistical, and data protection capability as it deems necessary, as information utilities under this Code; and (c) conduct of the corporate insolvency resolution process, insolvency resolution process, liquidation process, fresh start process and bankruptcy process under this Code. 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 243 – The Insolvency and Bankruptcy Code, 2016

Repeal of certain enactments and savings. (1) The Presidency Towns Insolvency Act, 1909 (3 of 1909) and the Provincial Insolvency Act, 1920 (5 of 1920) are hereby repealed. (2) Notwithstanding the repeal under sub-sections (1) – (i) all proceedings pending under and relating to the Presidency Towns Insolvency Act 1909, and the Provincial Insolvency Act 1920 immediately before the commencement of this Code shall continue to be governed under the aforementioned Acts and be heard and disposed of by the concerned courts or tribunals, as if the aforementioned Acts have not been repealed; (ii) any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of any repealed enactment shall, if in force at the commencement of this Code, continue to be in force, and shall have effect as if the aforementioned Acts have not been repealed; (iii) anything done or any action taken or purported to have been done or taken, including any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed enactments shall be deemed valid; (iv) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed enactments; (v) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this Code before any court or tribunal shall, subject to the provisions of this Code, continue to be heard and disposed of by the concerned court or tribunal; (vi) any person appointed to any office under or by virtue of any repealed enactment shall continue to hold such office until such time as may be prescribed; and (vii) any jurisdiction, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the repealed enactments or provisions of the enactments mention 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 242 – The Insolvency and Bankruptcy Code, 2016

Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the commencement of this Code. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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MSME Registration

India’s Gross Domestic Product (GDP) benefits significantly from the substantial contributions of micro, small, and medium-sized enterprises (MSMEs). These enterprises employ over 110 million people. However, MSMEs encounter challenges and obstacles in their journey of growth and expansion. To address and support these MSMEs, the Indian government initiated a significant step on May 13, 2020, by introducing a new classification metric. Under this classification, all MSMEs in India are referred to as ‘Udyam’ and must undergo the ‘Udyam Registration‘ process. This decision received approval from the Union Cabinet, making Udyam registration mandatory for all MSMEs starting from July 1, 2020. MSME industries are the backbone of the economy. They are also known as Small Scale Industries (SSIs). The government of India provides an MSME registration to the industries classified by the government as Micro, Small and Medium Enterprises (MSME) in India. The MSME registration helps MSMEs to obtain various benefits provided by the government for their establishment and growth.  What is MSME? MSME stands for Micro, Small, and Medium Enterprises. It is a classification introduced by the Government of India following the Micro, Small, and Medium Enterprises Development (MSMED) Act of 2006. These enterprises primarily produce, manufacture, process, or preserve goods and commodities. The MSME sector is crucial to India’s economy, contributing significantly to employment generation and overall economic growth. What is MSME Classification? when the government introduced the MSME registration in 2006, the MSME classification was based on the investment criteria in plant and machinery or equipment. The government revised the MSME classification by inserting annual investment and annual criteria. Also, the distinction between the manufacturing and the services sectors under the MSME definition was removed. The following is the current revised MSME classification, where the investment and annual turnover are to be considered for deciding if an entity is considered as an MSME: Revised MSME Classification Criteria Micro Small Medium* Investment & Annual Turnover < Rs.1 crore & < Rs.5 crore < Rs.10 crore & < Rs.50 crore < Rs.50 crore & < Rs.250 crore What is Udyam Registration/MSME Registration? Udyam Registration is an electronic certificate issued by the Indian government to Micro, Small, and Medium-sized Enterprises (MSMEs) operating in the country. It has replaced the earlier Udyog Aadhaar Memorandum (UAM) registration process. While Udyam registration is not mandatory, it offers significant benefits to MSMEs, making it advantageous for them to apply for this registration. By obtaining Udyam registration, MSMEs become eligible for various government benefits and incentives exclusively available to enterprises under the MSME category. The registration process for Udyam is entirely based on self-declaration, eliminating the need to upload any documents, papers, certificates, or proofs. Udyam Registration Number- Upon successful registration, the enterprise, referred to as “Udyam” in the Udyam Registration portal, will be allotted a unique and permanent identity number known as the “Udyam Registration Number.” Udyam Registration Certificate- After completing the registration process, an e-certificate called the “Udyam Registration Certificate” will be issued to the enterprise. This certificate serves as an official confirmation of their eligibility for government benefits and support. MSME Registration Eligibility All manufacturing, service industries, wholesale, and retail trade that fulfil the revised MSME classification criteria of annual turnover and investment can apply for MSME registration. Thus, the MSME registration eligibility depends on an entity’s annual turnover and investment. The following entities are eligible for MSME registration: Individuals, startups, business owners, and entrepreneurs Private and public limited companies Sole proprietorship Partnership firm Limited Liability Partnerships (LLPs) Self Help Groups (SHGs) Co-operative societies Trusts Benefits of Udyam Registration Access to Government Schemes: Udyam registration is a prerequisite for MSMEs to avail themselves of various government schemes and programs the Ministry of MSME offers. These schemes include the Credit Linked Capital Subsidy, Credit Guarantee, Public Procurement Policy, and more. Registering under Udyam ensures that MSMEs can tap into these initiatives and receive essential financial support and incentives. Seamless Integration: The Udyam portal seamlessly integrates with other critical government systems, such as the income tax portal, GST identification systems, and government e-marketplace. This integration streamlines various administrative processes, making it easier for MSMEs to manage their financial and tax-related affairs efficiently. Priority Sector Lending: With Udyam registration, MSMEs become eligible for priority sector lending from banks. This special lending consideration enables them to access credit facilities more efficiently and at favorable terms, further supporting their business expansion and investment plans. Extended MAT Credit: MSMEs with Udyam registration are entitled to carry forward Minimum Alternate Tax (MAT) credit for 15 years instead of the previous ten years. This extension provides them additional tax benefits, facilitating better financial planning and stability for their long-term growth. Lower Interest Rates: One of the most significant advantages of Udyam registration is the ability to secure bank loans at lower interest rates. Typically, MSMEs with Udyam registration can avail of loans as low as 1% to 1.5%, reducing their financial burden and enhancing their capacity to invest in business expansion and innovation. Documents Required for MSME Registration The MSME registration documents are as follows: Aadhaar card PAN card  PAN and GST-linked details on investment and turnover of enterprises will be taken automatically by the Udyam Registration Portal from the Government databases since the portal is integrated with Income Tax and GSTIN systems. GST registration is not compulsory for enterprises that do not require a GSTregistration. However, enterprises that mandatorily need to obtain GST registration under the GST law, must enter their GSTIN for obtaining the MSME Registration or Udyam Registration. How to Get Udyam Registration Online? Step 1: Visit the Udyam registration portal. Step 2: On the homepage, click the option ‘For new entrepreneurs who are not registered yet as MSME or those with EM-II.’ Step 3: Enter the ‘Aadhaar Number’ and the ‘Name of Entrepreneur,’ then click the ‘Validate & Generate OTP’ button. Step 4: An OTP will be sent to the mobile number linked with the Aadhaar card. Enter the OTP and click on the ‘Validate’ button. Step 5: Once the Aadhaar is validated, proceed to the PAN verification page. Enter the ‘Type of Organisation’ ‘PAN’ number, and click the ‘Validate’ button. Also, indicate whether you have filed the

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Functions of a Company Secretary

Members of self-governing professions are required to assume legal and ethical responsibility for their work, as well as to prioritize the public and societal interests. One of the most significant components of the profession is keeping stringent ethical and moral convictions while sticking to high standards of behavior. The Company Secretary (abbreviated “CS”), who is subject to a strict code of conduct in the self-regulated system, is regarded by regulators as an ethical and trustworthy professional whose professional judgment and competence have made an impression in the company sector. Company Secretary as a Profession The Companies Act, 2013 clearly retains the obligation for Public as well as Private Companies to have a Company Secretary. The responsibilities of the modern Company Secretary have evolved from being a “note taker” at board meetings or a “administrative employee of the board” to a much bigger position of “advisor to the board” and accountability for the organization’s operations and corporate governance. One of the most significant positions in a company is that of Company Secretary (CS). A competent Company Secretary manages the legal aspects of a company or sole proprietorship. A controller is responsible for keeping and analyzing the company’s tax returns, preserving records, alerting the board of directors on the company’s financial health, and ensuring compliance with legal and statutory standards. To be able to act professionally as a Company Secretary, an individual must complete professional training and pass examinations. Company Secretary’s Role under the Companies Act, 2013 The Company’s Secretary is a critical component who must carry out his responsibilities with care. In addition to functioning as a legal mentor, he must guarantee that all business activities adhere to all legal requirements; otherwise, he may be held accountable for misconduct and terminated for deceit or violating the company’s legal rights. The secretary is the organization’s primary point of contact with its owners, board of directors, regulatory bodies, and other stakeholders. Their functions, according to Section 205 of the Companies Act of 2013, are as follows: Ensuring that allotment and registration information is given to the registrar Applying for a share capital increase and monitoring the delivery of allocation share certificates Keeping a record of share warrant holders  Obeying the law and filing annual reports The statutory declaration must be released before the commencement certificate may be issued. Keeping track of the required books Meeting updates and general meeting announcements are disseminated to all members of non-banking financial institutions.  Financial statements and reports (Balance Sheet and Profit & Loss Statements) must be authenticated and signed. File a resolution with the registrar within 30 days. Keeping minute records of all board and general meetings Adherence to the Act Board Ensuring that the company adheres to all required secretarial standards To carry out additional duties imposed by the Companies Act Confirming and submitting attested returns and forms; supervising the TDS (Tax Deducted at Source) authentication and filing process; ensuring that the correct amount of TDS is deducted from employees’ salaries; ensuring that TDS reports are kept up to date; and ensuring that TDS is properly submitted to the government. Functions of a Company Secretary as per the Companies Act, 2013 Ensuring Compliance with Laws and Regulations: One of the most important functions of a company secretary is to ensure compliance with various laws and regulations. The company secretary is responsible for ensuring that the company complies with the provisions of the Companies Act, 2013, and other applicable laws. The company secretary also ensures that the company’s policies and procedures are in line with the relevant laws and regulations. Board Meetings and General Meetings: The company secretary is responsible for organizing and conducting board meetings and general meetings. The company secretary prepares the agenda, circulates the relevant documents, and ensures that the meetings are conducted as per the provisions of the Companies Act, 2013. Maintaining Statutory Registers and Records: The company secretary is responsible for maintaining various statutory registers and records. These include the register of members, register of directors, register of charges, and minutes of board meetings and general meetings. The company secretary ensures that these registers and records are maintained as per the provisions of the Companies Act, 2013. Filing of Forms and Returns: The company secretary is responsible for filing various forms and returns with the Registrar of Companies (ROC). These include annual returns, forms related to the appointment and resignation of directors, and forms related to the issue and transfer of shares. The company secretary ensures that these forms and returns are filed within the prescribed time limits. Corporate Governance: The company secretary plays a key role in ensuring good corporate governance. The company secretary ensures that the company follows ethical business practices and adheres to the principles of transparency, accountability, and fairness. The company secretary also ensures that the company’s policies and procedures are in line with the best corporate governance practices. Advising the Board of Directors: The company secretary advises the board of directors on various matters, including legal and regulatory compliance, corporate governance, and risk management. The company secretary also provides guidance to the board of directors on the interpretation and implementation of the Companies Act, 2013, and other applicable laws. Communication with Shareholders: The company secretary is responsible for communication with shareholders. The company secretary ensures that the company communicates effectively with its shareholders and provides them with timely and accurate information. The company secretary also ensures that the company complies with the provisions of the Companies Act, 2013, related to communication with shareholders. Qualifications required to work as a Company Secretary A Company Secretary is required to obey various rules established by the Indian Government from time to time, according to Section 2(24) of the Companies Act, 2013. A CS must also meet the requirements outlined in the Companies (Secretary’s requirements) Rules of 1975. The Company’s Secretary must be a member of the ICSI – Institute of Company Secretaries of India if the company has a paid-up capital of 50 lakhs. If the paid-up capital of a Private Limited Company exceeds 50 lakhs, the Secretary must be a member

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Section 241 – The Insolvency and Bankruptcy Code, 2016

Rules and Regulations to be laid before Parliament Every rule and every regulation made under this Code shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 240A – The Insolvency and Bankruptcy Code, 2016

Application of this Code to micro, small and medium enterprises. (1) Notwithstanding anything to the contrary contained in this Code, the provisions of clauses (c) and (h) of section 29A shall not apply to the resolution applicant in respect of corporate insolvency resolution process 2[or pre-packaged insolvency resolution process] of any micro, small and medium enterprises. (2) Subject to sub-section (1), the Central Government may, in the public interest, by notification, direct that any of the provisions of this Code shall— (a) not apply to micro, small and medium enterprises; or (b) apply to micro, small and medium enterprises, with such modifications as may be specified in the notification. (3) A draft of every notification proposed to be issued under subsection (2), shall be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. (4) If both Houses agree in disapproving the issue of notification or both Houses agree in making any modification in the notification, the notification shall not be issued or shall be issued only in such modified form as may be agreed upon by both the Houses, as the case may be. (5) The period of thirty days referred to in sub-section (3) shall not include any period during which the House referred to in sub-section (4) is prorogued or adj ourned for more than four consecutive days. (6) Every notification issued under this section shall be laid, as soon as may be after it is issued, before each House of Parliament. Explanation.— For the purposes of this section, the expression “micro, small and medium enterprises” means any class or classes of enterprises classified as such under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006).]   Amendment 1Ins. by Act No. 26 of 2018, sec. 37 (w.e.f. 6-6-2018). 2Ins. by by Act No. 26 of 2021, sec.17 (w.e.f. 04-04-2021). 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 | Psara License | FCRA Online 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 | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 240 – The Insolvency and Bankruptcy Code, 2016

Power to make regulations (1) The Board may, by notification, make regulations consistent with this Code and the rules made thereunder, to carry out the provisions of this Code. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: — (a) the form and the manner of accepting electronic submission of financial information under sub-clause (a) of clause (9) of section 3; (b) the persons to whom access to information stored with the information utility may be provided under sub-clause (d) of clause (9) of section 3; (c) the other information under sub-clause (f) of clause (13) of section 3; (d) the other costs under clause (e) of sub-section (13) of section 5; (e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation cost under sub-section (16) of section 5; 6[(ea) the other costs under sub-clause (e) of clause (23C) of section 5;] (f) the other record or evidence of default under clause (a), and any other information under clause (c), of sub-section (3) of section 7; 1[(g) * * * ] (h) the period under clause (a) of sub-section (3) of section 10; (i) the supply of essential goods or services to the corporate debtor under subsection (2) of section 14; 7[(ia) circumstances in which supply of critical goods or services may be terminated, suspended or interrupted during the period of moratorium under sub-section (2A) of section 14;] (j) the manner of making public announcement under sub-section (2) of section 15; 2[(ja) the last date for submission of claims under clause (c) of sub-section (1) of section 15;] (k) the manner of taking action and the restrictions thereof under clause (b) of sub-section (2) of section 17; (l) the other persons under clause (d) of sub-section (2) of section 17; (m) the other matters under clause (d) of sub-section (2) of section 17; (n) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by the interim resolution professional under clause (g), of section 18; 3[(na) the number of creditors within a class of creditors under clause (b) of sub-sections (6A) of section 21; (nb) the remuneration payable to authorised representative under clause (ii) of the proviso to sub-sections (6B) of section 21; (nc) the manner of voting and determining the voting share in respect of  under sub-section (7) of section 21;] (o) the persons who shall comprise the committee of creditors, the functions to be exercised such committee and the manner in which functions shall be exercised under the proviso to sub-section (8) of section 21; (p) the other electronic means by which the members of the committee of creditors may meet under sub-section (1) of section 24; (q) the manner of assigning voting share to each creditor under sub-section (7) of section 24; (r) the manner of conducting the meetings of the committee of creditors under subsection (8) of section 24; (s) the manner of appointing accountants, lawyers and other advisors under clause (d) of sub-section (2) of section 25; 4[(sa) other conditions under clause (h) of sub-section (2) of section 25; (t) the other actions under clause (k) of sub-section (2) of section 25; (u) the form and the manner in which an information memorandum shall be prepared by the resolution professional sub-section (1) of section 29; (v) the other matter pertaining to the corporate debtor under the Explanation to subsection (2) of section 29; (w) the manner of making payment of insolvency resolution process costs under clause (a), the manner of 8[payment of debts] under clause (b), and the other requirements to which a resolution plan shall conform to under clause (d), of sub-section (2) of section 30; 5[(wa) other requirements under sub-section (4) of section 30;] (x) the fee for the conduct of the liquidation proceedings and proportion to the value of the liquidation estate assets under sub-section (8) of section 34; (y) the manner of evaluating the assets and property of the corporate debtor under clause (c), the manner of selling property in parcels under clause (f), the manner of reporting progress of the liquidation process under clause (n), and the other functions to be performed under clause (o), of sub-section (1) of section 35; (z) the manner of making the records available to other stakeholders under subsection (2) of section 35; (za) the other means under clause (a) of sub-section (3) of section 36; (zb) the other assets under clause (e) of sub-section (4) of section 36; (zc) the other source under clause (g) of sub-section (1) of section 37; (zd) the manner of providing financial information relating to the corporate debtor under sub-section (2) of section 37; (ze) the form, the manner and the supporting documents to be submitted by operational creditor to prove the claim under sub-section (3) of section 38; (zf) the time within which the liquidator shall verify the claims under sub-section (l) of section 39; (zg) the manner of determining the value of claims under section 41; (zh) the manner of relinquishing security interest to the liquidation estate and receiving proceeds from the sale of assets by the liquidator under clause (a), and the manner of realising security interest under clause (b) of sub-section (1) of section 52; (zi) the other means under clause (b) of sub-section (3) of section 52; (zj) the manner in which secured creditor shall be paid by the liquidator under subsection (9) of section 52; (zk) the period and the manner of distribution of proceeds of sale under sub-section (1) of section 53; 9[(zka)such number of financial creditors and the manner of proposing the insolvency professional, and the form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the form for making a declaration under clause (f) of subsection (2) of section 54A; (zkb) the form for obtaining approval from financial creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54A; (zkc) the other conditions for the base resolution plan under clause (c), and such information and documents under clause (d) of sub-section (4) of section 54A; (zkd) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under clause (c) of sub-section (1), and the manner of determining the fees under sub-section (3) of section 54B; (zke) the form for providing written consent of the insolvency professional under clause (b), the form for declaration under clause (c), the information relating to books of account and such other documents relating

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Section 239 – The Insolvency and Bankruptcy Code, 2016

Power to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Code. (2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for any of the following matters, namely: — (a) any other instrument which shall be a financial product under clause (15) of section 3; (b) other accounting standards which shall be a financial debt under clause (d) of sub-section (8) of section 5; (c) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by financial creditor under sub-section (2) of section 7; (d) the form and manner in which demand notice may be made and the manner of delivery thereof to the corporate debtor under sub-section (1) of section 8; (e) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by operational creditor under sub-section (2) of section 9; 1[(ea) other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information under clause (e) of sub-section (3) of section 9;] (f) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by corporate applicant under sub-section (2) of section 10; 2[(fa) the transactions under the second proviso to sub-section (2) of section 21; (fb) the transactions under the Explanation I to clause (c) of section 29A; (fc) the transactions under the second proviso to clause (j) of section 29A.] 3[(fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C; (fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54H;] (g) the persons who shall be relative under clause (ii) of the Explanation to subsection (1) of section 79; (h) the value of unencumbered single dwelling unit owned by the debtor under clause (e) of sub-section (13) of section 79; (i) the value under clause (c), and any other debt under clause (f), of sub-section (14) of section 79; (j) the form, the manner and the fee for making application for fresh start order under sub-section (3) of section 81; (k) the particulars of the debtor’s personal details under clause (e) of sub-section (3) of section 81; (l) the information and documents to support application under sub-section (3) of section 86; (m) the form, the manner and the fee for making application for initiating the insolvency resolution process by the debtor under sub-section (6) of section 94; (n) the form, the manner and the fee for making application for initiating the insolvency resolution process by the creditor under sub-section (6) of section 95; (o) the particulars to be provided by the creditor to the resolution professional under sub-section (2) of section 103; (p) the form and the manner for making application for bankruptcy by the debtor under clause (b) of sub-section (1) of section 122; (q) the form and the manner of the statement of affairs of the debtor under subsection (3) of section 122; (r) the other information under clause (d) of sub-section (1) of section 123; (s) the form, the manner and the fee for making application for bankruptcy under sub-section (6) of section 123; (t) the form and the manner in which statement of financial position shall be submitted under sub-section (2) of section 129; (u) the matters and the details which shall be included in the public notice under sub-section (2) of section 130; (v) the matters and the details which shall be included in the notice to the creditors under sub-section (3) of section 130; (w) the manner of sending details of the claims to the bankruptcy trustee and other information under sub-sections (1) and (2) of section 131; (x) the value of financial or commercial transaction under clause (d) of subsection (1) of section 141; (y) the other things to be done by a bankrupt to assist bankruptcy trustee in carrying out his functions under clause (d) of sub-section (1) of section 150; (z) the manner of dealing with the surplus under sub-section (4) of section 170; (za) the form and the manner of proof of debt under clause (c) of sub-section (2) of section 171; (zb) the manner of receiving dividends under sub-section (7) of section 171; (zc) the particulars which the notice shall contain under sub-section (2) of section 176; (zd) the salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and members of the Board under sub-section (5) of section 189; (ze) the other functions of the Board under clause (u) of sub-section (1) of section 196; (zf) the other funds under clause (c) of sub-section (1) of section 222; (zg) the other purposes for which the fund shall be applied under clause (d) of sub-section (2) of section 222; (zh) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 223; (zi) the purpose for which application for withdrawal of funds may be made under sub-section (3) of section 224; (zj) the manner of administering the fund under sub-section (4) of section 224; (zk) the manner of conducting insolvency and liquidation proceedings under section 227; (zl) the form and the time for preparing budget by the Board under section 228; (zm) the form and the time for preparing annual report under sub-section (1) of section 229; (zn) the time up to which a person appointed to any office shall continue to hold such office under clause (vi) of sub-section (2) of section 243.   Amendment 1Ins. by Act No. 26 of 2018, sec 35 (w.e.f. 6-6-2018). 2Ins. by Act No. 1 of 2020, sec. 12 (w.e.f. 28-12-2019). 3Ins. by by Act No. 26 of 2021, sec.15 (w.e.f. 04-04-2021). 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