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Anonymous   28 May 2010 at 15:26

Vat rateon plastic product

I am amit kumar singh i am working as a accountant in a ltd co. i want to what is rate of vat on plastic product in west bengal.
please give me your suggestion as soon as possible.
Thanking You
Amit.

asifa butt   27 May 2010 at 10:34

assignment of receivables

what is assignment of receivables.can any one send me an agreement/draft of assignment of receivables as security?

Baskaran Kanakasabai   26 May 2010 at 17:01

The Flaw In The Law

I hereby request all experts in lawyersclub india to examine the presentation titled "The Flaw in the Law" posted in the forum section in 9 parts and let me know as to whether the flaw referred to in the presentation is indeed a flaw or not and as to how to proceed further if anyone concurs with the view that the flaw is a flaw indeed.
Sincerely,
Baskaran Kanakasabai

Anonymous   26 May 2010 at 14:45

Winding Up

One of our client is going for winding up of the company. It is voluntary winding up by the members. Major problem is there are 5 directors of which 3 are foreign national and 2 are Indian National in the company. But at the time of filing DIN 2 & 3 by the Company it has filed only for 4 directors. The one director left with out any DIN is Indian National having no DIN 1 up to now and at present he is settled in foreign country a year back. He is not co operating for filing DIN 1 in his name. Can we mention that the office of the so called director has been vacant under section 283 of the companies act for not attending 3 boar meetings. If so there is any requirement of filing any document with ROC for such vacation Or there are any alternative methods. If so please suggest the same at the earliest along with the checklist for complying with requirements of ROC for winding up of the company.

The company was formed in the Year 2002.

Is the any simplified exit scheme (SES) for the Year 2010 if so pls intimate.

Pls resolve the query at the earliest.

Anonymous   25 May 2010 at 17:51

Valuation of shares for FDI

Dear Sir,

As per the revised guidelines valuation of shares for FDI is required to be based on DCF method.

Kindly advise regardng the date of the valuation certificate (ie period prior to the transaction)that will be attached with the FC-GPR form.

Your prompt reply will be very helpful.

Thanks and Regards,

Kavita

Anonymous   22 May 2010 at 17:57

Very Urgent - Capital Structure

A Private Company is incorporating the subsidiary company. The project cost is 5 crore, but the promoters do not want have paid up capital as 5 crore. And they are planning to issue 5% of the initial paid up capital to one of the first directors (A) under ESOP/ Sweat Equity Plan over the period of three years i.e, 1.67% at the end of each year.

Can a company issue the shares at premium for the first allotment?

Please guide me to structure the capital of the Company, and what will be share of the promoter Company and the director A (Remember Company wants Rs. 5 crore for its project). Its urgent, please help me out

Ganesh   22 May 2010 at 09:38

Full Salary deduction Against Notice Period

Dear All

I have resigned from my previous comany with 6 days notice though the notice period is of 1 month. i refuse to work/complete my remaining notice period days beacause of non payment of previous month salary.

I have 24 Earning Leave(EL) which company is supposed to pay me.

But in my Full n Final Settlment

They have deducted full salary for 22 days & They are giving only basic agaisnt EL 22 DAYS

although i have concern regarding following

1. Either deduct notice period from EL & pay me balance days

Or

2. Deduct only basic against the notice period

please advice

Anonymous   21 May 2010 at 18:06

term employment

i want to know the benefits and losses of term employment of six months . pl. guide me how to address epf & ESIC issues in such a senario

Baskaran Kanakasabai   21 May 2010 at 16:25

Registration Act 1908

The LA Act 1894 says in sec51:
"51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same."
It only says that any award or agreement made under this Act is exempt from stamp Duty and Fees. It does not say that such award or agreement is exempt from registration or in otherwords not registrable.
Therefore the question arises as to which of the many non-testamentary instruments generated in the LA process by the LAO or the govt or court are registrable?

sanjiv batra   21 May 2010 at 15:47

ESI

A FIRM ‘X’ IS REGISTERED UNDER ESIC SCHEME AND GETTING JOB WORK (ASSEMBLY OF MATERIAL) FROM ONE OF HIS JOB WORKER ON JOB WORKER’S PREMISES. JOB WORKER IS NOT REGISTERED UNDER ESIC SCHEME, SINCE HE IS EMPLOYING ONLY SEVEN WORKERS. HE TAKES THE MATERIAL FROM THE FIRM ‘X’ AND DELIVER THE SEMI FINISHED/ FINISHED GOODS AFTER COMPLETION OF JOB WORK (ASSEMBLY OF MATERIAL) FROM HIS PREMISES. FIRM ‘X’ DO NOT HAVE ANY CONTROL & SUPERVISION ON HIS JOB WORKER’S EMPLOYEES & QUALITY CONTROL. JOB WOKKER IS FULLY RESPONSIBLE FOR ANY DAMAGE & QUALITY AND HE IS DOING JOB WORK FOR OTHER COMPANIES ALSO.

AT THE TIME OF ESI INSPECTION, ESI INSPECTOR ASKED FIRM ‘X’ TO DEPOSIT THE ESI CONTRIBUTION OF JOB WORKER’S EMPLOYEES, SINCE THEY ARE WORKING FOR THE FIRM ‘X’.

PLEASE CLARIFY, IS THERE ANY RESPONSIBILITY OF FIRM ‘X’ TO DEPOSIT ESI CONTRIBUTION OF HIS JOB WORKER’S EMPLOYEES OR NOT?.

THANKS