Updates

Advocate Gourav Sharma

Delhi High Court

Dated 05-09-2020

As per section 96 of the Companies Act 2013 every company other than a One Person Company shall hold the Annual General Meeting within six months of closing of each financial year and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next.

In Annual General Meeting the shareholders approve the Audited Financial Statements of the Company for the closing financial year therefore it is very important to hold the Annual General Meeting each year.

Now in 2020 the whole world is facing the Covid-19 pandemic so therefore it is very difficult for companies to hold the Annual General Meeting.

Therefore, lots of representations have been made in the Ministry of Corporate Affairs, for providing relaxations in the provisions of Companies Act, 2013 or rules made thereunder to allow companies to hold their annual general meeting (AGM) for the financial year ended on 31st March, 2020 beyond the statutory period provided in section 96 of the Act.

Although Ministry of Corporate Affairs vide General Circular No. 20/2020, dated 05.05.2020 has allowed the companies to hold AGM through video conferencing (VC) or other audio-visual means (OAVM) for the calendar year 2020

But still some companies are still not able to hold the AGM within stipulated time because due to lockdown offices were closed and companies were not able to finalise their accounts for audit.

Now Ministry has clarified that the companies which are unable to hold their AGMs are advised to prefer applications for extension of AGM and should file their applications in form No. GNL-1 for seeking extension of time in holding of AGM for the financial year ended on 31.03.2020 with the concerned Registrar of Companies on or before 29.09.2020 and extension can be given only up to for three months.

Notification http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.28_17082020.pdf

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Regards

Advocate Gourav Sharma

Delhi High Court

Mobile 9716305051

Email- csgouravsharma@gmail.com

Website www.legaludaan.com

Advocate Gourav Sharma

Delhi High Court

Dated 04-09-2020

On 20/08/2020 Central Board of Indirect Taxes and Customs issued a Notification No 62/2020 In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, amended the Central Goods and Services Tax Rules, 2017

Via this Notification Central government has introduced Aadhaar Authentication process for New GST Registration.

Now Individuals, Authorised signatory of all types of businesses, Managing and Authorised partners of a partnership firm and Karta of an Hindu undivided family (HUF), applying for new registration, can opt to undergo e-KYC authentication of their Aadhaar number.

Applicants, who, either do not provide Aadhaar, while applying for new registration or whose Aadhar authentication fails in validation, would be subjected to site verification by the tax department. However, Tax authority based on the documents produced can grant registration.

Applicants who opt for Aadhaar verification than registration will be deemed approved within 03 working days.

And if If Aadhar authentication is not opted for or if authentication fails in validation and no SCN is issued within 21 days by tax official, registration will be deemed approved.

Notification No 62/2020-CT dt 20.08.2020

Thanks

Regards

Advocate Gourav Sharma

Delhi High Court

Advocate Gourav Sharma

Delhi High Court

Dated 18-04-2022

Why we need CAA in India...?

The history of India is like a sad story of a big family. If we talk about the undivided India then one can realise that how big was India. Countries like Afghanistan, Pakistan, Sri Lanka, Nepal, East Pakistan (Bangladesh), Bhutan, Tibet, Maldives, and Myanmar all were the part of Undivided India.

In 1947 due to unfortunate partition of India and Pakistan we lost so many lives due to political ambitions of some leaders and then in 1971 Pakistan was further divided and Bangladesh was formed from Pakistan.

Now Pakistan and Bangladesh both are Muslim/Islamic Countries and Hindus are minority in these both countries.

All people know the situation of minority community in the Pakistan, Bangladesh as well as in Afghanistan as all the three countries are Muslim countries and Hindu religious minorities often face discrimination and at times are even subjected to violence in these countries.

In 1947 Hindu population in Pakistan was 12.9% but now in 2022 only 2% and when we talk about Bangladesh the situation is also same here in 1971 almost 14% population was Hindu and in 2022 it is declined to only 8%

To save the lives of these people the Citizenship Amendment Act (CAA) was introduced as minority persecution was increasing day by day.

The main thing to understand is this that the CAA is giving citizenship to the minority which has been persecuted in the Pakistan, Bangladesh and Afghanistan.

CAA is providing the citizenship to the persecuted minority and it is not affecting the citizenship of the Indian people irrespective their religion.

CAA is not taking away the citizenship of any person but it is giving the citizenship to the persecuted minority of Pakistan, Bangladesh and Afghanistan.

Thanking you

Advocate Gourav Sharma

9716305051