Raja Rajeswari S
11 June 2010 at 12:54
A private ltd which was not in operation for the past ten years wants to get its name striken off ROC records through the present Easy exit scheme.
The company has properly filed annual returns till now. The Company has a fixed asset of land for Rs 12 lacs and a share capital to that same extent. The Balance sheet filed every year shows the above asset(Rs. 12Lacs)and share capital liability (Rs. 11.75)with a nominal creditor liability(Rs. 0.25 lacs). The company was not in operation for the 10 years. The company does not have any secured loan.
the company wants to sell the land in company's name to the shareholders for rs. 10 lakhs. After this sale, the balance sheet will have a capial liability of Rs. 1.75 lakhs and crs of .25 lacs and a the loss on sale of land of Rs. 2 lacs debited in P&L A/c in the assets side.
Should the company pass any special resolution to sell its property to its members?
In above case as the asset(land) is sold and it is given to the share holders thus deducting their capital liability, will it not amount to capital reduction u/s 100 of the Co’s act?
If so, Will the ROC accept this balance sheet under the exit scheme?
How to dispose the land in the company’s name (In reality the market value of land is two crores) and get the company closed?
If not how should the company proceed to get its name strike off?
Should it go for voluntary winding up?
Kinldy clarify.
regards
RAJA RAJESWARI
Raja Rajeswari S
11 June 2010 at 12:50
Kindly send me a specimen of the share transfer stamp(stirken off(just for knowing it.). It is not available in my place. Where can i get it?
thanks & regards
Raja Rajeswari S
11 June 2010 at 12:48
Kinldy me Suggest some courses on Central Excise (diploma/ certificate) offered by reputed universities or instiutes that would help me to get deep knowledge the practical side of Central Excise.
regards
RAJESWARI
Anonymous
11 June 2010 at 12:29
dear sir,
we are planning to buy one land which is ours only.actually my grand father have 4 brothers.the site we are planning to buy is on the name of our grand father only(registered note).my grand father was expired.that means it will come to my father and fathers brother only.now we want to take that land from my fathers brother by paying money.but the problem is now my grand fathers four brothers are trying to file a case on us.they are telling that they also have the share in this.is it advicable to take that site now....please advice me.....awaiting for your reply.......
Anonymous
11 June 2010 at 12:27
Hello Members,
I am advocate, I want to file an appeal against the National Commission’s order in Supreme Court, Kindly refer me a good and competitive advocate for Consumer matter practicing in Supreme Court…
where we have filled complaint under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, Where An order has been passed in our favor from Dist. Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Against which we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
Kindly Help Me...
advocateinindia
11 June 2010 at 12:14
Hello Members,
I am advocate, I want to file an appeal against the National Commission’s order and in Supreme Court, Kindly refer me a good and competitive advocate for Consumer matter practicing in Supreme Court…
where we have filled complaint under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, Where An order has been passed in our favor from Dist. Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Then after we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
GIRISH SHARMA
11 June 2010 at 12:10
Dear Sirs,
Does the PF & ESI Acts allow deduction at soucre ?
Case: A company engaged a Contractor to do some work. He engaged his 9 workers at the company's premises for the same. He DOESNOT HAVE PF & ESI registration. Can the company deduct the PF & ESI from his payment & deposit the same on his behalf ?
If yes, pls quote the section/regulation no. or case law etc.
Urgently awaiting reply.
Regards
G Sharma
Anonymous
11 June 2010 at 11:17
An individual was appointed as Director of a Private Company in 2007. Now w.e.f.2010 he is appointed as Chairman of the Board. Do we need to e-file Form 32 again for appointment as Chairman
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