commercial profit

'Commercial profit' is relevant to determine sec. 40(b) remuneration limit; every credit to P&L A/c counts In this case, the Calcutta High Court held that all credits to P & L A/c have to be considered while computing the deductible amount of partner's remuneration under section 40(b)(v). For concluding this, the High Court held as follows: 1) Explanation 3 to section 40(b) defines 'book profit'; 2) Accordingly, "book-profit" means the net profit, as shown in the P/L A/c for the relevant previous year, computed in the manner laid down in Chapter IV-D; and 3) Chapter IV-D nowhere provides that method of accounting for the purpose of ascertaining net profit should be the only income from business alone and not from other sources. Therefore, even the income from other sources, if credited to P/L A/c, shall form part of book profit for computation of the remuneration of the partners - MD. SERAJUDDIN & BROS. v. CIT [2012] 24 taxmann.com 46 (Calcutta) (View full judgment)

Model condonation petition

INDEX OF DOCUMENTS FILED

S. No.	Particulars	Page Nos.
1.	Application under section 141 of the Companies Act, 1956
2.	Certified copy of the Memorandum of Association and Articles of Association (Annexure – I)
3.	Copies of Form No 17 along with Challan filed with the Registrar of Companies, NCT Delhi & Haryana (Annexure- II)
4.	Certified True Copy of Board Resolution for authorize to make Application and Appear before the Company Law Board. (Annexure – III)
5.	Affidavit in support of the application duly executed by the Mr. Kunal Yadav, Director of the Company. (Annexure – IV)
6.	Memorandum of Appearance in Form 5. (Annexure – V)
7.	Latest Audited Balance Sheet of the Company for the year ended 31st March, 2011. (Annexure – VI)
8.	Proof of filing of the copy of the application with the Registrar of Companies, NCT of Delhi & Haryana (Annexure – VII)

 

 

BEFORE THE COMPANY LAW BOARD,

NORTHERN REGION BENCH, NEW DELHI

CONDONATION OF DELAY FOR REGISTRATION OF

CHARGE U/S 141 OF THE COMPANIES ACT, 1956

 INDIAN SUCROSE LIMITED

G.T. ROAD MUKERIAN, DISTT HOSHIARPUR, PUNJAB-144211

VERSUS

PUNJAB & SIND BANK,
InDUSTRIAL FINANCE BRANCH, LUDHIANA, PUNJAB

 

APPLICANT

…………………………… LIMITED

…………………………………………,

PUNJAB-144211

PETITION UNDER SECTION 141 OF THE COMPANIES ACT, 1956

CONDONATION OF DELAY IN FILING FORM No. 17

FORM NO 1

The Applicant most respectfully submits as follows:

That the Name of the Company is ………………. LIMITED (hereinafter called the ‘Company’).

That the Company was originally incorporated as …………………. LIMITED on the December 12, 1990 under the Companies Act, 1956 with the CIN : ………………………………...

1.    That the Registered Office of the Company is presently situated at
…………………………………………….

2.   That the present Authorised Capital of the Company is 250,000,000/- (Rupees Twenty Five Crore) divided into 25,000,000 ( Two Crore Fifty Lacs) Equity  Shares of Rs. 10/- (Rupees Ten) and the present Subscribed & Paid up Capital of the Company is Rs. 224,183,320/- (Rupees Twenty Two Crores Forty One Lacs Eighty Three Thousand Three Hundred Twenty Only) divided into 2,24,18,332 (Two Crores Twenty Four Lacs Eighteen Thousand Three Hundred Two) equity Shares of Rs. 10/- (Ten) each.

3.   That the Detailed Objectives for which the Company was Incorporated are set out in clause III of the enclosed Memorandum of Association as Annexure- I

4.    FACTS/DETAILS OF THE CASE

NATURES OF OFFENCE – DEFAULT IN FILING PARTICULARS OF SATISFACTION OF CHARGE UNDER SECTION 138 OF THE COMPANIES ACT, 1956

i)      That the Company has satisfied the loan of Rs. 20,000,000/- (Rupees Two Crore only) which were taken from PUNJAB & SIND BANK, InDUSTRIAL FINANCE BRANCH, LUDHIANA, PUNJAB on May 18,2012 (Eighteenh Day of May Two Thousand and Twelve).

ii)         That in terms of the provision of section 138 of the Companies Act, 1956 the particulars of Satisfaction of charge should have been filed for the registration with the Registrar of the Companies, NCT of Delhi & Haryana at New Delhi in the prescribed Form No. 17 within the period of 30 days from the date of Satisfaction of charge i.e. on or before 16.06.2012 (Sixteenth Day of June Two Thousand Twelve) where as the same were filed on 20.06.2012 (Twenty Day of June Two Thousand Twelve). There was thus a delay of 4 days in filing of the aforesaid forms. Form No. 17 and its Challan are attached and marked as Annexure- II

iii)          That the Registrar of the Companies, NCT of Delhi & Haryana in its Challan dated 20.06.2012 (Twenty Day of June Two Thousand Twelve) informed the Company about delay caused in filing the said forms for registration and advised the Company to approach the Hon’ble Company Law Board for necessary directions under section 141 of the Companies Act, 1956 for condonation of delay and extension of time.

5.    ABSENCE OF MENS REA:

That the Petitioner submits that the aforesaid delay was accidental or due to inadvertence in as much as the company was under the bonafide belief that the particulars of the loan in respect of charge had been filed as usual.

6.    JURISDICTION

That the applicant declares that the subject matter of the application is within the jurisdiction of this Northern Region Bench.

7.    FIRST OFFENCE:

That the Company hereby confirms that the offence under the said section is the first offence of the Company and it has not previously filed any application, writ petition or suit regarding the matter in respect of which this petition has been made, before any other authority or any other Bench of the Board nor any such application, Writ Petition or suit is pending before any of them.

8.    PRAYER:

That the applicant humbly prays as under: -

i)   That the delay in filing of particulars of Satisfaction of Charge may please be condoned for the reasons mentioned above without levy of any extra fees / penalty / cost, since the delay was inadvertent and unintentional on the part of the Company.

ii) That the Registrar of Companies, NCT of Delhi & Haryana be directed to register the particulars of charge.

iii)  Pass such other order, as the bench may deem fit and proper in the circumstances of the case.

9.    AFFIDAVIT:

That the Affidavit of Mr. ……………………., Director of the Company verifying the contents of the application in the prescribed manner is enclosed as Annexure IV.

10.  LIST OF ENCLOSURES/ANNEXURES:

i)                 Certified copy of the Memorandum of Association and Articles of Association.

ii)                Certified Copy of the Form 17 filed with the Registrar of Companies, NCT OF DELHI & HARYANA.

iii)              Copy of the filing receipt of Form 17 with the Registrar of Companies, NCT OF DELHI & HARYANA.

iv)             Certified True Copy of Board Resolution for authorize to make Application and Appear before the Company Law.

v)              Affidavit in support of the application duly executed by the Mr. …………………………, Director of the Company.

vi)             Memorandum of Appearance in Form 5.

vii)           Proof of filing of the copy of the application with the Registrar of Companies, NCT of Delhi & Haryana.

viii)          Latest Audited Balance Sheet of the company for the year ended 31^st March, 2011.

for ………………. LIMITED

                       

(…………………………..)

DIRECTOR/PETITIONER