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November 2019 Accounting Exam Updates

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November 2019 Accounting Exam Updates

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Downloaded From [Link].

com

PAPER – 1: ACCOUNTING
PART – I: ANNOUNCEMENTS STATING APPLICABILITY & NON-APPLICABILITY
FOR NOVEMBER 2019 EXAMINATION

A. Applicable for November, 2019 examination

I. Amendments in Schedule III (Division I) to the Companies Act, 2013
In exercise of the powers conferred by sub-section (1) of section 467 of the
Companies Act, 2013), the Central Government made the following amendments in
Division I of the Schedule III with effect from the date of publication of this notification
in the Official Gazette:

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(A) under the heading “II Assets”, under sub-heading “Non-current assets”, for the
words “Fixed assets”, the words “Property, Plant and Equipment” shall be

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substituted;

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(B) in the “Notes”, under the heading “General Instructions for preparation of
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Balance Sheet”, in paragraph 6,-
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(I) under the heading “B. Reserves and Surplus”, in item (i), in sub- item (c),
the word “Reserve” shall be omitted;
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(II) in clause W., for the words “fixed assets”, the words “Property, Plant and
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Equipment” shall be substituted.

II. Amendments in Schedule V to the Companies Act, 2013
st

In exercise of the powers conferred by sub-sections (1) and (2) of section 467 of the
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Companies Act, 2013, the Central Government hereby makes the following
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amendments to amend Schedule V.

In PART II, under heading “REMUNERATION”, in Section II - ,

(a) in the heading, the words “without Central Government approval” shall be
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omitted;
(b) in the first para, the words “without Central Government approval” shall be
omitted;
(c) in item (A), in the proviso, for the words “Provided that the above limits shall be
doubled” the words “Provided that the remuneration in excess of above limits
may be paid” shall be substituted;
(d) in item (B), for the words “no approval of Central Government is required” the
words “remuneration as per item (A) may be paid” shall be substituted;

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2 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(e) in Item (B), in second proviso, for clause (ii), the following shall be substituted,
namely:-
“(ii) the company has not committed any default in payment of dues to any bank
or public financial institution or non-convertible debenture holders or any other
secured creditor, and in case of default, the prior approval of the bank or public
financial institution concerned or the non-convertible debenture holders or other
secured creditor, as the case may be, shall be obtained by the company before
obtaining the approval in the general meeting.";
(f) in item (B), in second proviso, in clause (iii), the words “the limits laid down in”
shall be omitted;

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In PART II, under the heading “REMUNERATION”, in Section III, –
(a) in the heading, the words “without Central Government approval” shall be

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omitted;

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(b) in first para, the words “without the Central Government approval” shall be
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omitted;
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(c) in clause (b), in the long line, for the words “remuneration up to two times the
amount permissible under Section II” the words “any remuneration to its
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managerial persons”, shall be substituted;

III. Notification dated 13th June, 2017 to exempt startup private companies from
preparation of Cash Flow Statement as per Section 462 of the Companies Act
st

2013
As per the Amendment, under Chapter I, clause (40) of section 2, an exemption has
a

been provided to a startup private company besides one person company, small
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company and dormant company. Accordingly, a startup private company is not

required to include the cash flow statement in the financial statements.

Thus the financial statements, with respect to one person company, small company,
dormant company and private company (if such a private company is a start-up), may
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not include the cash flow statement.

IV. Amendment in AS 11 “The Effects of Changes in Foreign Exchange Rates”
In exercise of the powers conferred by clause (a) of sub-section (1) of section 642 of
the Companies Act, 1956, the Central Government, in consultation with National
Advisory Committee on Accounting Standards, hereby made the amendment in the
Companies (Accounting Standards) Rules, 2006, in the "ANNEXURE", under the
heading "ACCOUNTING STANDARDS" under "AS 11 on The Effects of Changes in
Foreign Exchange Rates", for the paragraph 32, the following paragraph shall be
substituted, namely :-

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PAPER – 1 : ACCOUNTING 3

"32. An enterprise may dispose of its interest in a non-integral foreign operation

through sale, liquidation, repayment of share capital, or abandonment of all, or part
of, that operation. The payment of a dividend forms part of a disposal only when it
constitutes a return of the investment. Remittance from a non-integral foreign
operation by way of repatriation of accumulated profits does not form part of a
disposal unless it constitutes return of the investment. In the case of a partial dispos a l ,
only the proportionate share of the related accumulated exchange differences is
included in the gain or loss. A write-down of the carrying amount of a non-integral
foreign operation does not constitute a partial disposal. Accordingly, no part of the
deferred foreign exchange gain or loss is recognized at the time of a write-down".
V. Redemption of Debentures

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Chapter 8 “Redemption of Debentures” of the Intermediate Paper 1: Accounting Study
Material (Module II) has been revised and uploaded on the BoS Knowledge Portal of

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the Institute’s website. It is advised to refer the updated chapter at the link:

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[Link]
B. Not applicable for November, 2019 examination
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Non-Applicability of Ind AS for November, 2019 Examination
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The Ministry of Corporate Affairs has notified Companies (Indian Accounting Standards)
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Rules, 2015 on 16th February, 2015, for compliance by certain class of companies. T hese
Ind AS are not applicable for November, 2019 Examination.
ud
a st

PART – II: QUESTIONS AND ANSWERS

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QUESTIONS
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Financial Statements of Companies

1. (a) The following balance appeared in the books of Oliva Company Ltd. as on
31-03-2019.
Particulars ` Particulars `
Inventory Sales 17,10,000
01-04-2018
-Raw Material 30,000 Interest 3,900
-Finished goods 46,500 76,500 Profit and Loss A/c 48,000
Purchases 12,15,000 Share Capital 3,15,000

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4 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Manufacturing 2,70,000 Secured Loans:

Expenses Short–term 4,500
Long-term 21,000 25,500
Salaries and 40,200 Fixed Deposits
wages (unsecured):
Short -term 1,500
General Charges 16,500 Long - term 3,300 4,800
Interim Dividend 27,000 Trade payables 3,27,000
paid (inclusive of
Dividend
Distribution Tax)

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Building 1,01,000

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Plant and

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Machinery 70,400
Furniture 10,200es
Motor Vehicles 40,800
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Stores and Spare
Parts Consumed 45,000
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Investments:
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Current 4,500
Non-Current 7,500 12,000
st

Trade receivables 2,38,500

Cash in Bank 2,71,100

24,34,200 24,34,200
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From the above balance and the following information, prepare the company’s Profit
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and Loss Account for the year ended 31 st March, 2019 and Company’s Balance Sheet
as on that date:
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1. Inventory on 31st March,2019 Raw material ` 25,800 & finished goods ` 60,000.
2. Outstanding Expenses: Manufacturing Expenses ` 67,500 & Salaries & Wages
` 4,500.
3. Interest accrued on Securities ` 300.
4. General Charges prepaid ` 2,490.
5. Provide depreciation: Building @ 2% p.a., Machinery @ 10% p.a., Furniture @
10% p.a. & Motor Vehicles @ 20% p.a.
6. Current maturity of long term loan is ` 1,000.

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PAPER – 1 : ACCOUNTING 5

7. The Taxation provision of 40% on net profit is considered.

(b) The following extract of Balance Sheet of X Ltd. (a non-investment company) was
obtained:
Balance Sheet (Extract) as on 31st March, 2019
Liabilities `
Authorized capital:
15,000, 14% preference shares of ` 100 15,00,000
1,50,000 Equity shares of ` 100 each 1,50,00,000
1,65,00,000

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Issued and subscribed capital:

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15,000, 14% preference shares of ` 100 each fully paid 15,00,000

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1,20,000 Equity shares of ` 100 each, ` 80 paid-up 96,00,000
es
Capital reserves (` 1,50,000 is revaluation reserve) 1,95,000
Securities premium 50,000
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15% Debentures 65,00,000
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Investment in shares, debentures, etc. 75,00,000

Profit and Loss account (debit balance) 15,25,000

You are required to compute Effective Capital as per the provisions of Schedule V to
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the Companies Act, 2013.

Cash flow statement

2. From the following information, prepare a Cash Flow Statement for the year ended 31 st
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March, 2019.
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Balance Sheets
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Particulars Note 31.03.2019 31.03.2018

(`) (`)
I EQUITY AND LIABILITES
(1) Shareholder’s Funds
(a) Share Capital 1 3,50,000 3,00,000
(b) Reserves and Surplus 2 82,000 38,000
(2) Non-Current Liabilities
(3) Current Liabilities
(a) Trade Payables 65,000 44,000
(b) Other Current Liabilities 3 37,000 27,000

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6 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(c) Short term Provisions (provision 32,000 28,000

for tax)
Total 5,66,000 4,37,000
II ASSETS
(1) Non-current Assets
(a) Tangible Assets 4 2,66,000 1,90,000
(b) Intangible Assets (Goodwill) 47,000 60,000
Non-Current Investments 35,000 10,000
(2) Current Assets
(a) Inventories 78,000 85,000
(b) Trade Receivables 1,08,000 75,000

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(c) Cash & Cash Equivalents 32,000 17,000

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Total 5,66,000 4,37,000

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Note 1: Share Capital
Particulars
es 31.03.2019 (`) 31.03.2018 (`)
Equity Share Capital 2,50,000 1,50,000
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8% Preference Share Capital 1,00,000 1,50,000
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Total 3,50,000 3,00,000

Note 2: Reserves and Surplus
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Particulars 31.03.2019 (`) 31.03.2018 (`)

General Reserve 30,000 20,000

Profit and Loss A/c 27,000 18,000

Capital Reserve 25,000

Total 82,000 38,000
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Note 3: Current Liabilities

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Particulars 31.03.2019(`) 31.03.2018 (`)

Dividend declared 37,000 27,000
Note 4: Tangible Assets
Particulars 31.03.2019 31.03.2018
(`) (`)
Land & Building 75,000 1,00,000
Machinery 1,91,000 90,000
Total 2,66,000 1,90,000

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PAPER – 1 : ACCOUNTING 7

Additional Information:
(i) ` 18,000 depreciation for the year has been written off on plant and machinery and
no depreciation has been charged on Land and Building.
(ii) A piece of land has been sold out for ` 50,000 and the balance has been revalued,
profit on such sale and revaluation being transferred to capital reserve. There is no
other entry in Capital Reserve Account.
(iii) A plant was sold for ` 12,000 WDV being ` 15,000 on the date of sale (after charging
depreciation).
(iv) Dividend received amounted to ` 2,100 which included pre-acquisition dividend of

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` 600.

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(v) An interim dividend of ` 10,000 including Dividend Distribution Tax has been paid.

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(vi) Non-current investments given in the balance sheet represents investment in shares
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of other companies.
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(vii) Amount of provision for tax existing on 31.3.2018 was paid during the year 2018-19.
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Profit/Loss prior to Incorporation

3. Roshani & Reshma working in partnership, registered a joint stock company under the
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name of Happy Ltd. on May 31 st 2018 to take over their existing business. The summarized
Profit & Loss A/c as given by Happy Ltd. for the year ending 31 st March, 2019 is as under:
st

Happy Ltd.
a

Profit & Loss A/c for the year ending March 31, 2019
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Amount
Particulars Amount (`) Particulars
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(`)
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To Salary 1,44,000 By Gross Profit 4,50,000

To Interest on Debenture 36,000

To Sales Commission 18,000
To Bad Debts 49,000
To Depreciation 19,250
To Rent 38,400
To Company Audit fees 12,000
To Net Profit 1,33,350
Total 4,50,000 Total 4,50,000

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8 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Prepare a Statement showing allocation of expenses & calculation of pre-incorporation &

post- incorporation profits after considering the following information:
(i) GP ratio was constant throughout the year.
(ii) Depreciation includes ` 1,250 for assets acquired in post incorporation period.
(iii) Bad debts recovered amounting to ` 14,000 for a sale made in 2015-16 has been
deducted from bad debts mentioned above.
(iv) Total sales were ` 18,00,000 of which ` 6,00,000 were for April to September.
(v) Happy Ltd. had to occupy additional space from 1 st Oct. 2018 for which rent was
` 2,400 per month.
Accounting for Bonus Issue

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4. Following is the extract of the Balance Sheet of Manoj Ltd. as at 31 st March, 20X1

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`
Authorised capital: es
30,000 12% Preference shares of ` 10 each 3,00,000
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4,00,000 Equity shares of ` 10 each 40,00,000
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43,00,000
Issued and Subscribed capital:
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24,000 12% Preference shares of ` 10 each fully paid 2,40,000

2,70,000 Equity shares of ` 10 each, ` 8 paid up 21,60,000
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Reserves and surplus:

General Reserve 3,60,000

Capital Redemption Reserve 1,20,000

Securities premium (collected in cash) 75,000

Profit and Loss Account 6,00,000

On 1st April, 20X1, the Company has made final call @ ` 2 each on 2,70,000 equity shares.
The call money was received by 20 th April, 20X1. Thereafter, the company decided to
capitalize its reserves by way of bonus at the rate of one share for every four shares held.
Show necessary journal entries in the books of the company and prepare the relevant
extract of the balance sheet as on 30 th April, 20X1 after bonus issue.
Right Issue
5. Omega company offers new shares of ` 100 each at 20% premium to existing shareholders
on the basis of one for four shares. The cum-right market price of a share is ` 190.
You are required to calculate the Value of a right share.

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PAPER – 1 : ACCOUNTING 9

Redemption of Preference Shares

6. The following are the extracts from the Balance Sheet of ABC Ltd. as on 31st December,
20X1:
Share capital: 50,000 Equity shares of `10 each fully paid – `5,00,000; 2,000 10%
Redeemable preference shares of `100 each fully paid – ` 2,00,000.
Reserve & Surplus: Capital reserve – `2,00,000; General reserve –` 2,00,000; Profit and
Loss Account – `75,000.
On 1st January 20X2, the Board of Directors decided to redeem the preference shares at
premium of 5% by utilization of reserves.
You are required to prepare necessary Journal Entries including cash transactions in the

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books of the company.

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Redemption of Debentures

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7. Omega Limited (a manufacturing company) recently made a public issue in respect of
which the following information is available: es
(a) No. of partly convertible debentures issued- 2,00,000; face value and issue price-
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` 100 per debenture.
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(b) Convertible portion per debenture- 60%, date of conversion- on expiry of 6 months
from the date of closing of issue i.e 31.10.20X1.
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(c) Date of closure of subscription lists- 1.5.20X1, date of allotment- 1.6.20X1, rate of
interest on debenture- 15% payable from the date of allotment, value of equity share
st

for the purpose of conversion- ` 60 (Face Value ` 10).

(d) Underwriting Commission- 2%.

(e) Number of debentures applied for - 1,50,000.

(f) Interest payable on debentures half-yearly on 30th September and 31st March.
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Write relevant journal entries for all transactions arising out of the above during the year
ended 31st March, 20X2 (including cash and bank entries).
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Investment Accounts
8. A Pvt. Ltd. follows the calendar year for accounting purposes. The company purchased
5,000 (nos.) 13.5% Convertible Debentures of Face Value of ` 100 each of P Ltd. on
1st May 2018 @ ` 105 on cum interest basis. T he interest on these instruments is payable
on 31st March & 30th September respectively. On August 1 st 2018 the company again
purchased 2,500 of such debentures @ ` 102.50 each on cum interest basis. On 1 st
October, 2018 the company sold 2,000 Debentures @ ` 103 each. On 31st December,
2018 the company received 10,000 equity shares of ` 10 each in P Ltd. on conversion of
20% of its holdings. Interest for 3 months on converted debentures was also received on
31.12.2018. The market value of the debentures and equity shares as at the close of the

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10 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

year were ` 106 and ` 9 respectively. Prepare the Debenture Investment Account & Equity
Shares Investment Account in the books of A Pvt. Ltd. for the year 2018 on Average Cost
Basis.
Insurance Claim for loss of stock or profit
9. On 2.6.2019 the stock of Mr. Black was destroyed by fire. However, following particulars
were furnished from the records saved:
`
Stock at cost on 1.4.2018 1,35,000
Stock at 90% of cost on 31.3.2019 1,62,000
Purchases for the year ended 31.3.2019 6,45,000

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Sales for the year ended 31.3.2019 9,00,000

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Purchases from 1.4.2019 to 2.6.2019 2,25,000

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Sales from 1.4.2019 to 2.6.2019 es 4,80,000
Sales up to 2.6.2019 includes ` 75,000 being the goods not dispatched to the customers.
The sales (invoice) price is ` 75,000.
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Purchases up to 2.6.2019 includes a machinery acquired for ` 15,000.
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Purchases up to 2.6.2019 does not include goods worth ` 30,000 received from suppliers,
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as invoice not received up to the date of fire. These goods have remained in the godown
at the time of fire. The insurance policy is for ` 1,20,000 and it is subject to average clause.
Ascertain the amount of claim for loss of stock.
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Hire Purchase Transactions

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10. Amandeep bought 2 cars from ‘Fair Value Motors Pvt. Ltd. on 1.4.2016 on the following
terms (for both cars):
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Down payment 6,00,000

1st Installment at the end of first year 4,20,000

2nd Installment at the end of 2nd year 4,90,000

3rd Installment at the end of 3 rd year 5,50,000
Interest is charged at 10% p.a.
Amandeep provides depreciation @ 25% on the diminishing balances.
On 31.3.2019 Amandeep failed to pay the 3 rd installment upon which ‘Fair Value Motors
Pvt. Ltd.’ repossessed 1 car. Amandeep agreed to leave one car with Fair Value Motors
Pvt. Ltd. and adjusted the value of the car against the amount due. The car taken over
was valued on the basis of 40% depreciation annually on written down basis. The balance

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PAPER – 1 : ACCOUNTING 11

amount remaining in the vendor’s account after the above adjustment was paid by
Amandeep after 3 months with interest @ 20% p.a.
You are required to:
(i) Calculate the cash price of the cars and the interest paid with each installment.
(ii) Prepare Cars Account in the books of Amandeep assuming books are closed on
March 31, every year.
Figures may be rounded off to the nearest rupee.
Departmental Accounts
11. A firm has two departments--Sawmill and Furniture. Furniture is made with wood supplied

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by the Sawmill department at its usual selling price. From the following figures prepare

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Departmental Trading and Profit and Loss Account for the year 2018:

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Sawmill Furniture
es ` `
Opening Stock on 1st January, 2018 1,50,000 25,000
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Sales 12,00,000 2,00,000
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Purchases 10,00,000 7,500

Supply to Furniture Department 1,50,000 --
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Selling expenses 10,000 3,000

Wages 30,000 10,000

Clsong Stock on 31st December, 2018 1,00,000 30,000
a
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The value of stocks in the furniture department consist of 75% wood and 25% other
expenses. The Sawmill Department earned Gross Profit at 15 % on sales in 2017. General
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expenses of the business as a whole came to ` 55,000. The firm adopts FIFO method for
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assigning costs to inventories.

Branch Accounting
12. From the following particulars relating to Pune branch for the year ending December
31, 2018, prepare Branch Account in the books of Head office.
`
Stock at Branch on January 1, 2018 10,000
Branch Debtors on January 1, 2018 4,000
Branch Debtors on Dec. 31, 2018 4,900
Petty cash at branch on January 1, 2018 500

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12 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Furniture at branch on January 1, 2018 2,000

Prepaid fire insurance premium on January 1, 2018 150
Salaries outstanding at branch on January 1, 2018 100
Good sent to Branch during the year 80,000
Cash Sales during the year 1,30,000
Credit Sales during the year 40,000
Cash received from debtors 35,000
Cash paid by the branch debtors directly to the Head Office 2,000
Discount allowed to debtors 100

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Cash sent to branch for Expenses:
Rent 2,000

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Salaries 2,400

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Petty Cash es 1,000
Annual Insurance up to March 31, 2019 600 6,000
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Goods returned by the Branch 1,000
Goods returned by the debtors 2,000
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Stock on December 31,2018 5000

Petty Cash spent by branch 850

Provide depreciation on furniture 10% p.a.
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Goods costing ` 1,200 were destroyed due to fire and a sum of ` 1,000 was received from
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the Insurance Company.

Accounts from Incomplete Records

13. Following is the incomplete information of Jyotishikha Traders:

The following balances are available as on 31.03.2018 and 31.03.2019.

Balances 31.03.2018 31.03.2019

Land and Building 5,00,000 5,00,000
Plant and Machinery 2,20,000 3,30,000
Office equipment 1,05,000 85,000
Debtors (before charging for Bad debts) ? 2,25,000
Creditors for purchases 95,000 ?
Creditors for office expenses 20,000 15,000
Stock ? 65,000

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PAPER – 1 : ACCOUNTING 13

Long term loan from SBI @ 12%. 1,60,000 100,000

Bank 25,000 ?

Other Information In `
Collection from debtors 9,25,000
Payment to creditors for purchases 5,25,000
Payment of office expenses (excluding interest on loan) 42,000
Salary paid 32,000
Selling expenses 15,000
Cash sales 2,50,000

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Credit sales (80% of total sales)

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Credit purchases 5,40,000

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Cash purchases (40% of total purchases) es
GP Margin at cost plus 25%
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Discount Allowed 5,500
Discount Received 4,500
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Bad debts (2% of closing debtors)

Depreciation to be provided as follows:

Land and Building 5%
st

Plant and Machinery 10%

Office Equipment 15%

Other adjustments:
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(i) On 01.10.18 they sold machine having Book Value ` 40,000 (as on 31.03.2018) at a
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loss of ` 15,000. New machine was purchased on 01.01.2019.

(ii) Office equipment was sold at its book value on 01.04.2018.

(iii) Loan was partly repaid on 31.03.19 together with interest for the year.
You are required to prepare Trading, Profit & Loss Account and Balance Sheet as on
31.03.2019.
Dissolution of partnership firm
14. P, Q, R and S are sharing profits and losses in the ratio 3 : 3 : 2 : 1. Frauds committed by
R during the year were found out and it was decided to dissolve the partnership on
31st March, 2019 when their Balance Sheet was as under:

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14 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Liabilities Amount (`) Assets Amount (`)

Capitals: Building 1,90,000
P 1,50,000 Stock 1,30,000
Q 1,50,000 Investments 50,000
R - Debtors 70,000
S 60,000 Cash 30,000
General reserve 40,000 R 40,000
Trade creditors 80,000
Bills payable 30,000

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5,10,000 5,10,000

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Following information is given to you:

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(i) A cheque for ` 7,000 received from debtor was not recorded in the books and was
misappropriated by R. es
(ii) Investments costing ` 8,000 were sold by R at ` 11,000 and the funds transferred to
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his personal account. This sale was omitted from the firm’s books.
(iii) A creditor agreed to take over investments of the book value of ` 9,000 at
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` 13,000. The rest of the creditors were paid off at a discount of 5%.
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(iv) The other assets realized as follows:

Building 110% of book value
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Stock ` 1,20,000
a

Investments The rest of investments were sold at a profit of ` 7,000

Debtors The rest of the debtors were realized at a discount of 10%

(v) The bills payable were settled at a discount of ` 500.

(vi) The expenses of dissolution amounted to ` 8,000

(vii) It was found out that realization from R’s private assets would only be ` 7,000.
Prepare Realization Account, Cash Account and Partner’s Capital Accounts. All workings
should part of your answer.
Framework for Preparation and Presentation of Financial Statements
15. Aman started a business on 1 st April 20X1 with ` 24,00,000 represented by 1,20,000 units
of ` 20 each. During the financial year ending on 31 st March, 20X2, he sold the entire stock
for ` 30 each. In order to maintain the capital intact, calculate the maximum amount, which
can be withdrawn by Aman in the year 20X1-X2 if Financial Capital is maintained at
historical cost.

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PAPER – 1 : ACCOUNTING 15

AS 2 Valuation of Inventories
16. (a) Hello Ltd. purchased goods at the cost of ` 20 lakhs in October. Till the end of the
financial year, 75% of the stocks were sold. The Company wants to disclose closing
stock at ` 5 lakhs. The expected sale value is ` 5.5 lakhs and a commission at 10%
on sale is payable to the agent. You are required to asc ertain the value of closing
stock?
AS 4 Contingencies and Events Occurring after the Balance Sheet Date
(b) An earthquake destroyed a major warehouse of PQR Ltd. on 30.4.2019. The
accounting year of the company ended on 31.3.2019. The accounts were approved
on 30.6.2019. The loss from earthquake is estimated at ` 25 lakhs. State with
reasons, whether the loss due to earthquake is an adjusting or non-adjusting event

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and how the fact of loss is to be disclosed by the company.

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AS 5 Net Profit or Loss for the Period, Prior Period Items and Changes in Accounting

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Polices
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17. (a) The Accountant of Mobile Limited has sought your opinion with relevant reasons,
whether the following transactions will be treated as change in Accounting Policy or
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not for the year ended 31st March, 2019. Please advise him in the following situations
in accordance with the provisions of relevant Accounting Standard;
yn

(i) Provision for doubtful debts was created @ 2% till 31 st March, 2018. From the
ud

Financial year 2018-2019, the rate of provision has been changed to 3%.
(ii) During the year ended 31 st March, 2019, the management has introduced a
st

formal gratuity scheme in place of ad-hoc ex-gratia payments to employees on

retirement.
a

(iii) Till the previous year the furniture was depreciated on straight line basis over a
.c

period of 5 years. From current year, the useful life of furniture has been
w

changed to 3 years.
w

(iv) Management decided to pay pension to those employees who have retired after
w

completing 5 years of service in the organization. Such employees will get

pension of ` 20,000 per month. Earlier there was no such scheme of pension in
the organization.
(v) During the year ended 31 st March, 2019, there was change in cost formula in
measuring the cost of inventories.
AS 10 Property, Plant and Equipment
(b) Shrishti Ltd. contracted with a supplier to purchase machinery which is to be installed
in its Department A in three months' time. Special foundations were required for the
machinery which were to be prepared within this supply lead time. The cost of the site
preparation and laying foundations were ` 1,41,870. These activities were supervised

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16 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

by a technician during the entire period, who is employed for this purpose of ` 45,000
per month. The technician's services were given by Department B to Department A,
which billed the services at ` 49,500 per month after adding 10% profit margin.
The machine was purchased at ` 1,58,34,000 inclusive of IGST @ 12% for which
input credit is available to Shrishti Ltd. ` 55,770 transportation charges were incurred
to bring the machine to the factory site. An Architect was appointed at a fee of `
30,000 to supervise machinery installation at the factory site.
Ascertain the amount at which the Machinery should be capitalized under AS 10
considering that IGST credit is availed by the Shristhi Limited. Internally booked
profits should be eliminated in arriving at the cost of machine.
AS 11 The Effects of Changes in Foreign Exchange Rates

m
18. (a) (i) Trade receivables as on 31.3.2019 in the books of XYZ Ltd. include an amount

o
receivable from Umesh ` 5,00,000 recorded at the prevailing exchange rate on

.c
the date of sales, i.e. at US $ 1= ` 58.50. US $ 1 = ` 61.20 on 31.3.2019.
es
Explain briefly the accounting treatment needed in this case as per AS 11 as on
31.3.2019.
ot
(ii) Power Track Ltd. purchased a plant for US$ 50,000 on 31 st October, 2018
payable after 6 months. The company entered into a forward contract for 6
yn

months @` 64.25 per Dollar. On 31 st October, 2018, the exchange rate was `
61.50 per Dollar.
ud

You are required to recognise the profit or loss on forward contract in the books
of the company for the year ended 31 st March, 2019.
st

AS 12 Accounting for Government Grants

(b) Samrat Limited has set up its business in a designated backward area which entitles
.c

the company for subsidy of 25% of the total investment from Government of India.
w

The company has invested ` 80 crores in the eligible investments. The company is
w

eligible for the subsidy and has received ` 20 crores from the government in February
2019. The company wants to recognize the said subsidy as its income to improve
w

the bottom line of the company.

Do you approve the action of the company in accordance with the Accounting
Standard?
AS 13 Accounting for Investments
19. (a) Z Bank has classified its total investment on 31-3-2018 into three categories (a) held
to maturity (b) available for sale (c) held for trading as per the RBI Guidelines.
‘Held to maturity’ investments are carried at acquisition cost less amortized amount.
‘Available for sale’ investments are carried at marked to market. ‘Held for trading’

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PAPER – 1 : ACCOUNTING 17

investments are valued at weekly intervals at market rates. Net depreciation, if any,
is charged to revenue and net appreciation, if any, is ignored.
You are required to comment whether the policy of the bank is in accordance with
AS 13?
AS 16 Borrowing costs
(b) In May, 2018, Capacity Ltd. took a bank loan to be used specifically for the
construction of a new factory building. The construction was completed in January,
2019 and the building was put to its use immediately thereafter. Interest on the actual
amount used for construction of the building till its completion was ` 18 lakhs,
whereas the total interest payable to the bank on the loan for the period till

m
31st March, 2019 amounted to ` 25 lakhs.

o
Can ` 25 lakhs be treated as part of the cost of factory building and thus be capitalized

.c
on the plea that the loan was specifically taken for the construction of factory building?
Explain the treatment in line with the provisions of AS 16.
es
AS 17 Segment Reporting
ot
20 (a) A Company has an inter-segment transfer pricing policy of charging at cost less 5%.
yn

The market prices are generally 20% above cost.

You are required to examine whether the policy adopted by the company is correct or
ud

not?
AS 22 Accounting for Taxes on Income
st

(b) The Accountant of Sohna Ltd. provides the following information for the year ended
a

31-03-2019:
.c
w

Particulars `
Accounting Profit 7,50,000
w

Book Profit as per MAT 4,37,500

Profit as per Income Tax Act 90,000

Tax rate 20%
MAT rate 7.50%
You are required to calculate the deferred tax asset/ liability as per AS 22 and amount
of tax to be debited to the Profit and Loss Account for the year.

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18 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

1. (a) Oliva Company Ltd.

Statement of Profit and loss for the year ended 31.03.2019
(`)
Particulars Note Amount
I Revenue from operations 17,10,000
II Other income (3,900 +300) 4,200
III Total Revenue (I +II) 17,14,200
IV Expenses:

m
Cost of materials consumed 10 12,64,200

o
Purchases of inventory-in-trade --

.c
Changes in inventories of finished goods, work-in-
es 11 (13,500)
progress and inventory-in-Trade
Employee benefit expenses 12 44,700
ot
Finance costs --
yn

Depreciation and amortization expenses 18,240

Other expenses 13 3,51,510
ud

Total Expenses 16,65,150

V Profit before exceptional and extraordinary items and tax 49,050

VI Exceptional items --
a
.c

VII Profit before extraordinary items and tax 49,050

VIII Extraordinary items --
w

IX Profit before tax 49,050

X Tax expense (40% of 49,050) 19,620

XI Profit/Loss for the period from continuing operations 29,430

Oliva Company Ltd.
Balance Sheet for the year ended 31.03.2019
Particulars Note Amount
1 Equity and Liabilities
(i)Shareholders’ funds
(a) Share Capital 3,15,000
(b) Reserves and surplus 1 50,430

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PAPER – 1 : ACCOUNTING 19

2) Non-current liabilities
(a) Long-term borrowings 2 23,300
(3) Current Liabilities
(a) Short -term borrowings 3 6,000
(b) Trade payables 3,27,000
(c) Other current liability 4 73,000
(d) Short term provision 5 19,620
8,14,350
II ASSETS

m
(1) Non current assets
(a) Property, Plant & equipment

o
(i) Tangible assets 6 2,04,160

.c
(b) Non-current investments es 7,500
(2) Current assets
ot
(a) Current investments 4,500
(b) Inventories 7 85,800
yn

(c) Trade receivables 2,38,500

(d) Cash and cash equivalents 2,71,100

(e) Short-term loans and advances 8 2,490
st

(f) Other current assets 9 300

8,14,350
.c

Notes to accounts
w

No Particulars Amount Amount

1. Reserve & Surplus

Profit & Loss Account: Balance b/f 48,000

Net Profit for the year 29,430
Less: Interim Dividend including DDT (27,000) 50,430
2. Long term borrowings
Secured loans (21,000 less current 20,000
maturities 1,000)
Fixed Deposits: Unsecured 3,300 23,300

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20 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

3. Short term borrowings

Secured loans 4,500
Fixed Deposits -Unsecured 1,500 6,000
4. Other current liabilities
Expenses Payable (67,500 + 4,500) 72,000
Current maturities of long term 1,000 73,000
borrowings
5. Short term provisions
Provision for Income tax 19,620
6. Tangible Assets

m
Building 1,01,000

o
Less: Depreciation @ 2% ( 2,020) 98,980

.c
Plant & Machinery es 70,400
Less: Depreciation @10% (7,040) 63,360
ot
Furniture 10,200
yn

Less: Depreciation @10% (1,020) 9,180

Motor vehicles 40,800
ud

Less: Depreciation @20% ( 8,160) 32,640 2,04,160

7 Inventory:
st

Raw Material 25,800

Finished goods 60,000 85,800

8. Short term Loans & Advances

General Charges prepaid 2,490

9. Other Current Assets:

Interest accrued 300

10. Cost of material consumed
Opening inventory of raw Material & 30,000
Stores
Add: Purchases 12,15,000
Stores & Spare parts consumed (45,000) 12,90,000
Less: Closing inventory (25,800) 12,64,200
11. Changes in inventory of Finished
Goods & WIP

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PAPER – 1 : ACCOUNTING 21

Closing Inventory of Finished Goods 60,000

Less: Opening Inventory of Finished 46,500 13,500
Goods
12. Employee Benefit expenses
Salary & Wages (40,200 + 4,500) 44,700
13. Other Expenses:
Manufacturing Expenses 3,37,500
(2,70,000 + 67,500)
General Charges (16,500 – 2,490) 14,010 3,51,510

m
(b) Computation of Effective Capital
`

o
Paid-up share capital-

.c
15,000, 14% Preference shares es 15,00,000
1,20,000 Equity shares 96,00,000
Capital reserves (excluding revaluation reserve) 45,000
ot
Securities premium 50,000
yn

15% Debentures 65,00,000

(A) 1,76,95,000
ud

Investments 75,00,000
Profit and Loss account (Dr. balance) 15,25,000
st

(B) 90,25,000
a

Effective capital (A–B) 86,70,000

2. Cash flow Statement for the year ending 31 st March, 2019

Particulars ` `
w

1 Cash Flow from Operating Activities

A. Closing balance as per Profit and Loss Account 27,000

Less: Opening balance as per Profit and Loss (18,000)
Account
Add: Dividend declared during the year 37,000
Add: Interim dividend paid during the year 10,000
Add: Transfer to reserve 10,000
Add: Provision for Tax 32,000
B. Net profit before taxation, and extra-ordinary item 98,000
C. Add: Items to be added

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22 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Depreciation 18,000
Loss on sale of Plant 3,000
Goodwill written off 13,000 34,000
D. Less: Dividend Income (1,500)
E. Operating profit before working capital changes [B 1,30,500
+ C - D]
F. Add: Decrease in Current Assets and Increase in
Current Liabilitie s
Decrease in Inventories 7,000
Increase in Trade Payables 21,000 28,000

m
G. Less: Increase in Trade Receivables (33,000)

o
H Cash generated from operations (E+F-G) 1,25,500

.c
I Less: Income taxes paid (28,000)
es
J Net Cash from (used in) operating activities 97,500
II. Cash Flows from investing activities:
ot
Purchase of Plant (1,34,000)
yn

Sale of Land 50,000

Sale of plant 12,000
ud

Purchase of investments (25,600)

Dividend Received 2,100
st

Net cash used in investing activities (95,500)

III. Cash Flows from Financing Activities:

Proceeds from issue of equity share capital 1,00,000

Redemption of preference shares (50,000)

Interim Dividend (inclusive of DDT) paid (10,000)

Final dividend (inclusive of DDT) paid (27,000)

Net cash from financing activities 13,000
IV. Net increase in cash and cash equivalents 15,000
(I+II+III)
V. Cash and cash equivalents at beginning of 17,000
period
VI. Cash and cash equivalents at end of period 32,000
(IV+V)

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PAPER – 1 : ACCOUNTING 23

1. Land and Building Account

Particulars ` Particulars `
To Balance b/d 1,00,000 By Bank A/c (Sale) 50,000
To Capital Reserve A/c 25,000 By Balance c/d 75,000
(Profit on sale/revaluation)
1,25,000 1,25,000
2. Plant and Machinery Account
Particulars ` Particulars `
To Balance b/d 90,000 By Depreciation A/c 18,000

m
To Bank A/c (Purchase) 1,34,000 By Bank A/c (sale) 12,000
By Profit and Loss A/c 3,000

o
(Loss on sale)

.c
By Balance c/d 1,91,000
es
2,24,000 2,24,000
3. Investments Account
ot
Particulars ` Particulars `
yn

To Balance b/d 10,000 By Bank A/c (Div. received) 600

To bank A/c (Purchase 25,600 By Balance c/d 35,000
ud

35,600 35,600
3. Pre-incorporation period is for two months, from 1st April, 2018 to 31st May, 2018.
st

10 months’ period (from 1st June, 2018 to 31st March, 2019) is post-incorporation period.
a

Statement showing calculation of profit/losses for

pre and post incorporation periods

Pre-Inc Post Inc

` `
w

Gross Profit 50,000 4,00,000

Bad debts Recovery 14,000
64,000 4,00,000
Less: Salaries 24,000 1,20,000
Audit fees - 12,000
Depreciation 3,000 16,250
Sales commission 2,000 16,000
Bad Debts (49,000 + 14,000) 7,000 56,000

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24 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Interest on Debentures  36,000

Rent 4,000 34,400
Net Profit 24,000 1,09,350
* Pre-incorporation profit is a capital profit and will be transferred to Capital Reserve.
Working Notes:
(i) Calculation of ratio of Sales
Sales from April to September = 6,00,000 (1,00,000 p.m. on average basis)
October to March = ` 12,00,000 (2,00,000 p.m. on average basis)
Thus, sales for pre-incorporation period = `2,00,000

m
post-incorporation period = ` 16,00,000

o
Sales are in the ratio of 1:8

.c
(ii) Gross profit, sales commission and bad debts written off have been allocated in pre
es
and post incorporation periods in the ratio of Sales.
(iii) Rent, salary are allocated on time basis.
ot
(iv) Interest on debentures is allocated in post incorporation period.
yn

(v) Audit fees charged to post incorporation period as relating to company audit.
ud

(vi) Depreciation of ` 18,000 divided in the ratio of 1:5 (time basis) and ` 1,250 charged
to post incorporation period.
st

(vii) Bad debt recovery of ` 14,000/- is allocated in pre-incorporation period, being sale
made in 2015-16.
a

(viii) Rent
.c

(` 38,400 – Additional rent for 6 months) `

[38,400- 14,400 (2,400 x 6) = ` 24,000 i.e. 2,000 per month]

1/4/18 -31/5//18 (2,000 x 2) = 4,000

1/6/18-31/3/19 – [(2,000 x 10) +14,400] = 34,400

38,400
4. Journal Entries in the books of Manoj Ltd.
` `
1-4-20X1 Equity share final call A/c Dr. 5,40,000
To Equity share capital A/c 5,40,000

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PAPER – 1 : ACCOUNTING 25

(For final calls of ` 2 per share on 2,70,000

equity shares due as per Board’s Resolution
dated….)
20-4-20X1 Bank A/c Dr. 5,40,000
To Equity share final call A/c 5,40,000
(For final call money on 2,70,000 equity
shares received)
Securities Premium A/c Dr. 75,000
Capital Redemption Reserve A/c Dr. 1,20,000
General Reserve A/c Dr. 3,60,000

m
Profit and Loss A/c (b.f.) Dr. 1,20,000

o
To Bonus to shareholders A/c 6,75,000

.c
(For making provision for bonus issue of one
share for every four shares held)
es
Bonus to shareholders A/c Dr. 6,75,000
ot
To Equity share capital A/c 6,75,000
(For issue of bonus shares)
yn

Extract of Balance Sheet as at 30 th April, 20X1 (after bonus issue)

`
st

Authorized Capital
30,000 12% Preference shares of ` 10 each 3,00,000
a
.c

4,00,000 Equity shares of ` 10 each 40,00,000

Issued and subscribed capital
w

24,000 12% Preference shares of `10 each, fully paid 2,40,000

3,37,500 Equity shares of ` 10 each, fully paid 33,75,000

(Out of the above, 67,500 equity shares @ ` 10 each were issued by way
of bonus shares)
Reserves and surplus
Profit and Loss Account 4,80,000
5. Value of right share = Cum-right value of the share – Ex-right value of the share (as
computed in Working Note)
= ` 190 – ` 176 = ` 14 per share.

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26 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Working Note:
Ex-right value of the shares
= (Cum-right value of the existing shares + Rights shares x Issue Price) / (Existing
No. of shares + No. of right shares) = (` 190 X 4 Shares + ` 120 X 1 Share) /
(4 + 1) Shares
= ` 880 / 5 shares = ` 176 per share.
6. In the books of ABC Limited
Journal Entries

m
Date Particulars Dr. (` ) Cr. (` )
20X2

o
.c
Jan 1 10% Redeemable Preference Share Capital A/c Dr. 2,00,000
Premium on Redemption of Preference Shares
es 10,000
To Preference Shareholders A/c 2,10,000
ot
(Being the amount payable on redemption
transferred to Preference Shareholders
yn

Account)
Preference Shareholders A/c Dr. 2,10,000
ud

To Bank A/c 2,10,000

(Being the amount paid on redemption of

preference shares)
a
.c

General Reserve A/c Dr. 2,00,000

To Capital Redemption Reserve A/c 2,00,000
w

(Being the amount transferred to Capital

Redemption Reserve Account as per the

requirement of the Act)

Profit & Loss A/c Dr. 10,000
To Premium on Redemption of 10,000
Preference Shares A/c
(Being premium on redemption charged to
Profit and Loss A/c)
Note: Capital reserve cannot be utilized for transfer to Capital Redemption Reserve.

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PAPER – 1 : ACCOUNTING 27

7. Journal Entries in the books of Omega Ltd.

Journal Entries
Date Particulars Amount Dr. Amount Cr.
` `
1.5.20X1 Bank A/c Dr. 1,50,00,000
To Debenture Application A/c 1,50,00,000
(Application money received on 1,50,000
debentures @ ` 100 each)
1.6.20X1 Debenture Application A/c Dr. 1,50,00,000
Underwriters A/c Dr. 50,00,000

m
To 15% Debentures A/c 2,00,00,000

o
(Allotment of 1,50,000 debentures to

.c
applicants and 50,000 debentures to
underwriters) es
Underwriting Commission Dr. 4,00,000
ot
To Underwriters A/c 4,00,000
(Commission payable to underwriters @ 2%
yn

on ` 2,00,00,000)
Bank A/c Dr. 46,00,000
ud

To Underwriters A/c 46,00,000

(Amount received from underwriters in
st

settlement of account)
a

01.06.20X1 Profit & Loss A/c 20,00,000

To Debenture Redemption Reserve A/c Dr. 20,00,000

(200,000 X 100 X 25% X 40%)

(Being Debenture Redemption Reserve
w

created on non-convertible debentures)

Debenture Redemption Reserve Investment

A/c
To Bank A/c (200,000 X 100 x 15% X 40%) Dr.
(Being Investments made for redemption 12,00,000 12,00,000
purpose)
30.9.20X1 Debenture Interest A/c Dr. 10,00,000
To Bank A/c 10,00,000
(Interest paid on debentures for 4 months @
15% on ` 2,00,00,000)

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28 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

31.10.20X1 15% Debentures A/c Dr. 1,20,00,000

To Equity Share Capital A/c 20,00,000
To Securities Premium A/c 1,00,00,0000
(Conversion of 60% of debentures into shares
of ` 60 each with a face value of ` 10)
31.3.20X2 Debenture Interest A/c Dr. 7,50,000
To Bank A/c 7,50,000
(Interest paid on debentures for the half year)
(refer working note below)
Working Note :

m
Calculation of Debenture Interest for the half year ended 31st March, 20X2

o
On ` 80,00,000 for 6 months @ 15% = ` 6,00,000

.c
On ` 1,20,00,000 for 1 months @ 15% = ` 1,50,000
es ` 7,50,000
8. Books of A Pvt. Ltd.
ot
Investment in 13.5% Convertible Debentures in P Ltd. Account
yn

(Interest payable 31 st March & 30th September)

Date Particulars Nominal Interest Amount Date Particulars Nominal Interest Amount
` ` ` ` ` `
st

2018 2018
a

May 1 To Bank 5,00,000 5,625 5,19,375 Sept. By Bank (6 50,625

30 months Int)
.c

Aug.1 To Bank 2,50,000 11,250 2,45,000 Oct.1 By Bank 2,00,000 2,06,000

Oct.1 To P&L A/c 2,167

Dec. To P&L A/c 52,313 Dec. By Equity 1,10,000 1,12,108

31 31 share
w

Dec. By Bank 3,713

31 (See note1)
Dec. By Balance
31 c/d 4,40,000 14,850 4,48,434
7,50,000 69,188 7,66,542 7,50,000 69,188 7,66,542

Note 1: ` 3,713 received on 31.12.2018 represents interest on the debentures converted

till date of conversion.
Note 2: Cost being lower than Market Value the debentures are carried forward at Cost.

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PAPER – 1 : ACCOUNTING 29

Investment in Equity shares in P Ltd. Account

Date Particulars Nominal Amount Date Particulars Nominal Amount
` ` ` `
2018 2018
Dec 31 To 13.5% 1,00,000 1,12,108 Dec.31 By P&L A/c 22,108
Deb.
Dec.31 By Bal. c/d 1,00,000 90,000
1,00,000 1,12,108 1,00,000 1,12,108
Note 1: Cost being higher than Market Value the shares are carried forward at Market

m
Value.
Working Notes:

o
.c
1. Interest paid on ` 5,00,000 purchased on May 1 st, 2018 for the month of April 2018,
as part of purchase price: 5,00,000 x 13.5% x 1/12 = ` 5,625
es
2. Interest received on 30th Sept. 2018
ot
On ` 5,00,000 = 5,00,000 x 13.5% x ½ = 33,750
yn

On ` 2,50,000 = 2,50,000 x 13.5% x ½ = 16,875

Total ` 50,625
3. Interest paid on ` 2,50,000 purchased on Aug. 1 st 2018 for April 2018 to July 2018
st

as part of purchase price:

2,50,000 x 13.5% x 4/12 = ` 11,250

4. Loss on Sale of Debentures

Cost of acquisition
w

(` 5,19,375 + ` 2,45,000) x ` 2,00,000/` 7,50,000 = 2,03,833

Less: Sale Price (2,000 x 103) = 2,06,000

Profit on sale = ` 2,167
5. Interest on 1,100 Debentures (being those converted) for 3 months i.e. Oct-Dec. 2018
1,10,000 x 13.5% x 3/12 = ` 3,713
6. Cost of Debentures converted to Equity Shares
(` 5,19,375 + ` 2,45,000) x 1,10,000/7,50,000= ` 1,12,108

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30 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

7. Cost of Balance Debentures

(` 5,19,375 + ` 2,45,000) x ` 4,40,000/` 7,50,000 = ` 4,48,434
8. Interest on Closing Debentures for period Oct.- Dec. 2018 carried forward (accrued
interest)
` 4,40,000 x 13.5% x 3/12 = ` 14,850
9. In the books of Mr. Black
Trading Account for the year ended 31.3.2019
` `
To Opening Stock
To Purchases
1,35,000 By Sales

o m
6,45,000 By Closing Stock at cost
9,00,000
1,80,000
To Gross Profit 3,00,000 
. c
1,62,000 
100 


e s 90 

ot
10,80,000 10,80,000
Memorandum Trading A/c

yn
for the period from 1.4.2019 to 02.06.2019
` `
To Opening Stock (at cost)
u d
1,80,000 By Sales 4,80,000
To Purchases
Add: Goods received but st
2,25,000 Less: Goods not
dispatched 75,000 4,05,000

ca
invoice not received 30,000 By Closing stock (Balancing 1,50,000
.
2,55,000 figure)
Less: Machinery
w 15,000 2,40,000

w
To Gross Profit (Refer W.N.) 1,35,000

w
Calculation of Insurance Claim
5,55,000 5,55,000

 Actual loss of stock 

Claim subject to average clause =  ×Amount of policy 
 Value of stock on the date of fire 
 1,50,000 
= 1,20,000 x   = ` 1,20,000
 1,50,000 
Working Note:
3,00,000
G.P. ratio =  100 = 33 1 %
9,00,000 3

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PAPER – 1 : ACCOUNTING 31

1
Amount of Gross Profit = ` 4,05,000 x 33 % = ` 1,35,000
3
10. (i) Calculation of Interest and Cash Price
No. of Outstanding Amount Outstanding Interest Outstanding
installments balance at due at the balance at the balance at
the end after time of end before the the beginning
the payment installment payment of
of installment installment
[1] [2] [3] [4] = 2 +3 [5] = 4 x [6]4-5
10/110
3rd - 5,50,000 5,50,000 50,000 5,00,000

m
2nd 5,00,000 4,90,000 9,90,000 90,000 9,00,000
1st 9,00,000 4,20,000 13,20,000 1,20,000 12,00,000

o
.c
Total cash price = ` 12,00,000+ 6,00,000 (down payment) = ` 18,00,000.
(ii) es
In the books of Amandeep
Cars Account
ot
Date Particulars ` Date Particulars `
yn

1.4.2016 To Fair Value 18,00,000 31.3.2017 By Depreciation A/c 4,50,000

Motors A/c By Balance c/d 13,50,000
ud

18,00,000 18,00,000
st

1.4.2017 To Balance b/d 13,50,000 31.3.2018 By Depreciation A/c 3,37,500

By Balance c/d 10,12,500
a
.c

13,50,000 13,50,000
w

1.4.2018 To Balance b/d 10,12,500 31.3.2019 By Depreciation A/c 2,53,125

By Fair Value Motors A/c
w

(Value of 1 Car taken over

after depreciation for 3 years

@ 40% p.a.) [9,00,000 -
(3,60,000+2,16,000+1,29,600)] 1,94,400
By Loss on surrender transfer r ed
to Profit and Loss A/c (Bal.
fig.) 1,85,288
By Balance c/d
½ (10,12,500-2,53,125) 3,79,687
10,12,500 10,12,500

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32 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

11. Departmental Trading and Profit and Loss Account

Particulars Sawmill Furniture Particulars Sawmill Furniture
To Opening stock 1,50,000 25,000 By Sales 12,00,000 2,00,000
To Purchase 10,00,000 7,500 By Transfer to 1,50,000
furniture
department
To Wages 30,000 10,000 By Closing stock 1,00,000 30,000
To Transfer from - 1,50,000
saw mill
To Gross profit 2,70,000 37,500

m
14,50,000 2,30,000 14,50,000 2,30,000

o
To Selling 10,000 3,000 By Gross profit 2,70,000 37,500

.c
expenses
To Net Profit 2,60,000 34,500
es
2,70,000 37,500 2,70,000 37,500
ot
General Profit & Loss Account
yn

Particulars Amount Particulars Amount

To General Expenses 55,000 By Net Profit from

To Stock reserve (WN-2) 4,500 Saw Mill 2,60,000

To Net Profit 2,37,813 Furniture 34,500
a
.c

By stock reserve (opening WN-1) 2,813

2,97,313 2,97,313
w

Working Notes
w

1. Calculation of Stock Reserve (opening)

25,000 x 75% wood x 15% = ` 2,813
2. Calculation of closing stock reserve
Gross profit Rate of Saw Mill of 2018
2,70,000 / (12,00,000 + 1,50,000) x 100 = 20%
30,000x 75% x 20% = ` 4,500

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PAPER – 1 : ACCOUNTING 33

12. Pune Branch Account

Particulars ` Particulars ` `
To Opening Balance By Opening Balance:
Stock 10,000 Salaries outstanding 100
Debtors 4,000 By Remittances:
Petty Cash 500 Cash sales 1,30,000
Furniture 2,000 Cash received from 35,000
debtors
Prepaid 150 Cash paid by 2,000
Insurance debtors directly to

m
H.O.

o
To Goods sent to 80,000 Received from 1,000 1,68,000

.c
Branch Insurance Company
Account es
To Bank (expenses) By Goods sent to branch 1,000
ot
Rent 2,000 (return of goods by
Salaries 2,400 the branch to H.O.)
yn

Petty Cash 1,000 By Closing Balances:

Insurance 600 6,000 Stock 5,000

To Net Profit 78,950 Petty Cash 650
st

Debtors 4,900
a

Furniture (2,000 – 1,800

10% depreciation)
Prepaid insurance 150
w

(1/4 x ` 600)
w

1,81,600 1,81,600
w

Working Note:
Calculation of petty cash balance at the end: `
Opening balance 500
Add: Cash received form the Head Office 1,000
Total Cash with branch 1,500
Less: Spent by the branch 850
Closing balance 650

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34 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

13. In the Books of Jyotishikha Traders

Trading Account for the year ended 31.03.2019
Particulars ` Particulars `
To Opening Stock A/c (Bal. fig.) 1,65,000 By Sales (W.N.1) 12,50,000
To Purchases (W.N.2) 9,00,000 By Closing Stock 65,000
To Gross profit
(12,50,000x25/125) 2,50,000
13,15,000 13,15,000
Profit and Loss Account for the year ended 31.03.2019

m
Particulars ` Particulars `

o
To Discount 5,500 By Gross profit 2,50,000

.c
To Salaries Expenses 32,000 By Discount 4,500
To Office expenses (W.N.3) 37,000
es
To Selling expenses 15,000 84,000
ot
To Interest on loan (12% on `1,60,000) 19,200
yn

To Bad debts (2% of `2,25,000) 4,500

To Loss on sale of Machinery 15,000
ud

To Depreciation:
st

Land & Building 25,000

Plant &Machinery (W.N 4b) 23,750

Office Equipment (W.N. 5) 12,750 61,500

To Net profit after tax 64,800

2,54,500 2,54,500
w
w

Balance sheet as on 31.3.2019

Liabilities ` ` Assets `
Capital (W.N. 6) 8,95,500 Land and Building 4,75,000
(5,00,000-25,000)
Add: Net Profit 64,800 9,60,300 Plant and Machinery 3,08,250
(W.N.4a)
(3,30,000-21,750)

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PAPER – 1 : ACCOUNTING 35

Creditors for 1,05,500 Office Equipment 72,250

Purchases (85,000-12,750)
(W.N. 8)
Outstanding Debtors less Bad debts 2,20,500
expenses 15,000 (W.N. 7)
Loan from SBI 1,00,000 Stock 65,000
Bank Balance (W.N. 9) 39,800
11,80,800 11,80,800
Working Notes:
1. Calculation of Total Sales

m
`

o
.c
Cash Sales 2,50,000
Credit Sales (80% of total sales) es
Cash Sales (20% of total sales)
ot
Thus total Sales (250000 x 100/20) 12,50,000
Credit Sales (1250000 x 80/100) 10,00,000
yn

2. Calculation of Total Purchases

`
st

Credit Purchases 5,40,000

Cash Purchases (40% of total purchases)
a
.c

Credit Purchases (60% of total purchases)

Thus total Purchases (5,40,000 x 100/60) 9,00,000
w

Cash Purchases 9,00,000 x 40/100) 3,60,000

w
w

3. Office Expenses Account

` `
To Bank A/c 42,000 By Balance b/d 20,000
To Balance c/d 15,000 By Profit & loss A/c 37,000
57,000 57,000
4. (a) Plant and Machinery Account
` `
To Opening balance 2,20,000 By Sale 40,000

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36 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

To Purchases 1,50,000 By Closing Balance 3,30,000

3,70,000 3,70,000
(b) Depreciation calculations on Plant & Machinery
`
Depreciation on 1,80,000 x 10% (for full year) 18,000
1,50,000 x 10% x 3/12 (for 3 months) 3,750
40,000 x 10% x 6/12 (for 6 months) 2,000
23,750
(c) Sale of Machinery Account

m
Amount Amount

o
(` ) (` )

.c
To Plant & Machinery 40,000
es By Depreciation 2,000
By Profit and Loss A/c 15,000
By Bank 23,000
ot
40,000 40,000
yn

5. Depreciation calculations on Office Equipments

`
Opening Balance 1,05,000
st

Less: Closing Balance 85,000

Sale of Office Equipment 20,000

Balance of Office Equipment after sale 85,000

Depreciation @15% 12,750

6. Opening Balance Sheet as on 31.03.2018

` `
Creditors 95,000 Land & Building 5,00,000
Creditor for Exp. 20,000 Plant & Machinery 2,20,000
Loan 1,60,000 Office Equipment 1,05,000
Capital (Bal. fig.) 8,95,500 Debtors 1,55,500
Stock 1,65,000
Bank 25,000
11,70,500 11,70,500

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PAPER – 1 : ACCOUNTING 37

7. Sundry Debtors A/c

` `
To Balance b/d 1,55,500 By Bank 9,25,000
To Sales 10,00,000 By Discount 5,500
By Bad debts 4,500
By Bal. c/d 2,20,500
11,55,500 11,55,500
8. Sundry Creditors A/c
` `
To Bank 5,25,000 By Balance b/d 95,000

m
To Discount 4,500 By Purchases 5,40,000

o
To Balance c/d 1,05,500

.c
6,35,000 6,35,000
9.
es
Bank Account
ot
` `
To Balance b/d 25,000 By Creditors 5,25,000
yn

To Debtors 9,25,000 By Office Expenses 42,000

To Cash Sales 2,50,000 By Salary Expense 32,000

To Sale of Machinery 23,000 By Selling Expenses 15,000
st

(W.N. 4c)
To Sale of equipment 20,000 By Purchases (cash) 3,60,000
a
.c

By Purchase of 1,50,000
Machinery
w

By Bank Loan & Interest 79,200

By Balance c/d 39,800

12,43,000 12,43,000
14. Realization Account
Particulars ` Particulars `
To Building 1,90,000 By Trade creditors 80,000
To Stock 1,30,000 By Bills payable 30,000
To Investment 50,000 By Cash
To Debtors 70,000 Building 2,09,000

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38 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

To Cash-creditors paid 63,650 Stock 1,20,000

(W.N.1)
To Cash-expenses 8,000 Investments (W.N.2) 40,000
To Cash-bills payable 29,500 Debtors (W.N. 3) 56,700 4,25,700
(30,000-500)
To Partners’ Capital A/cs By R – (Receipt from 7,000
Debtors unrecorded)
P 4,183 By R - Receipt from 11,000
Q 4,183 Investments unrecorded
R 2,789

m
S 1,395 12,550

o
.c
5,53,700 5,53,700

Cash Account
es
Particulars Amount Particulars Amount
ot
` `
yn

To Balance b/d 30,000 By Realization-creditors paid 63,650

To Realization – assets realized By Realization-bills payable 29,500

Building 2,09,000 By Realization-expenses 8,000
st

Stock 1,20,000 By Capital accounts:

a
.c

Investments 40,000 P 1,51,132

Debtors 56,700 4,25,700 Q 1,51,132

To R’s capital A/c 7,000 S 59,286

4,62,700 4,62,700

Partners’ Capital Accounts

Particulars P Q R S Particulars P Q R S
` ` ` ` ` ` ` `
To Balance b/d 40,000 By Balance b/d 1,50,000 1,50,000 - 60,000
To Realization 7,000 By General 13,333 13,333 8,889 4,445
A/c-Debtors reserve
misappropriation

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PAPER – 1 : ACCOUNTING 39

To Realization 11,000 By Realization 4,183 4,183 2,789 1,395

A/c-Investment- profit
misappropriation
To R’s capital A/c 16,384 16,384 6,554 By Cash A/c 7,000
(W.N. 4)
To Cash A/c 1,51,132 1,51,132 59,286 By P’s capital 16,384
A/c
By Q’s capital 16,384
A/c
By S’s capital
A/c 6,554
1,67,516 1,67,516 58,000 65,840 1,67,516 1,67,516 58,000 65,840

m
Working Notes:

o
1. Amount paid to creditors in cash

.c
`
Book value
es 80,000
Less: Creditors taking over investments ( 13,000)
ot
67,000
yn

Less: Discount @ 5% (3,350)

63,650
ud

2. Amount received from sale of investments

`
a

Book value 50,000

Less: Misappropriated by R (8,000)

42,000
w

Less: Taken over by a creditor (9,000)

33,000
w

Add: Profit on sale of investments 7,000

Cash received from sale of remaining investment 40,000
3. Amount received from debtors
`
Book value 70,000
Less: Unrecorded receipt (7,000)
63,000
Less: Discount @ 10% (6,300)
56,700

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40 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

4. Deficiency of R
`
Balance of capital as on 31 March, 2019
st 40,000
Debtors-misappropriation 7,000
Investment-misappropriation 11,000
58,000
Less: Realization Profit (2,789)
General reserve (8,889)
Contribution from private assets (7,000)
Net deficiency of capital 39,322

m
This deficiency of ` 39,322 in R’s capital account will be shared by other partners P,

o
Q and S in their capital ratio of 15 : 15 : [Link]

.c
Accordingly,
P’s share of deficiency
es
= [39,322 x (15/36)] = ` 16,384
Q’s share of deficiency = [39,322 x (15/36)] = ` 16,384
ot
S’s share of deficiency = [39,322 x (6/36)] = ` 6,554
yn

15.
ud

Particulars Financial Capital Maintenance at

Historical Cost (` )
st

Closing equity
36,00,000 represented by cash
a

(` 30 x 1,20,000 units)
.c

Opening equity 1,20,000 units x ` 20 = 24,00,000

Permissible drawings to keep Capital intact 12,00,000 (36,00,000 – 24,00,000)
w

16. (a) As per para 5 of AS 2 “Valuation of Inventories”, the inventories are to be valued at
w

lower of cost or net realizable value.

In this case, the cost of inventory is ` 5 lakhs. The net realizable value is ` 4.95
lakhs (` 5.5 lakhs less cost to make the sale @ 10% of ` 5.5 lakhs). So, the closing
stock should be valued at ` 4.95 lakhs.
(b) Para 8.3 of AS 4 “Contingencies and Events Occurring after the Balance Sheet Date”,
states that adjustments to assets and liabilities are not appropriate for events
occurring after the balance sheet date, if such events do not relate to conditions
existing at the balance sheet date. The destruction of warehouse due to earthquake
did not exist on the balance sheet date i.e. 31.3.2019. Therefore, loss occurred due
to earthquake is not to be recognized in the financial year 2018-2019.

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PAPER – 1 : ACCOUNTING 41

However, according to para 8.6 of the standard, unusual changes affecting the
existence or substratum of the enterprise after the balance sheet date may indicate a
need to consider the use of fundamental accounting assumption of going concern in
the preparation of the financial statements. As per the information given in the
question, the earthquake has caused major destruction; therefore, fundamental
accounting assumption of going concern is called upon.
Hence, the fact of earthquake together with an estimated loss of ` 25 lakhs should
be disclosed in the Report of the Directors for the financial year 2018-2019.
17. (a) (i) In the given case, Mobile limited created 2% provision for doubtful debts till
31st March, 2018. Subsequently in 2018-19, the company revised the estimates
based on the changed circumstances and wants to create 3% provision. Thus

m
change in rate of provision of doubtful debt is change in estimate and is not
change in accounting policy. This change will affect only current year.

o
(ii) As per AS 5, the adoption of an accounting policy for events or transactions that

.c
differ in substance from previously occurring events or transactions, will not be
es
considered as a change in accounting policy. Introduction of a formal retirement
gratuity scheme by an employer in place of ad hoc ex-gratia payments to
ot
employees on retirement is a transaction which is substantially different from the
previous policy, will not be treated as change in an accounting policy.
yn

(iii) Change in useful life of furniture from 5 years to 3 years is a change in estimate
and is not a change in accounting policy.
ud

(iv) Adoption of a new accounting policy for events or transactions which did not occur
st

previously should not be treated as a change in an accounting policy. Hence the

introduction of new pension scheme is not a change in accounting policy.
a

(v) Change in cost formula used in measurement of cost of inventories is a change

in accounting policy.
w

(b) Calculation of Cost of Fixed Asset (i.e. Machinery)

Particulars `
w

Purchase Price Given (` 158,34,000 x 100/112) 1,41,37,500

Add: Site Preparation Cost Given 1,41,870
Technician’s Salary Specific/Attributable overheads for 1,35,000
3 months (See Note) (45,000 x3)
Initial Delivery Cost Transportation 55,770
Professional Fees for Architect’s Fees 30,000
Installation
Total Cost of Asset 1,45,00,140

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42 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

18. (a) (i) As per AS 11 “The Effects of Changes in Foreign Exchange Rates”, exchange
differences arising on the settlement of monetary items or on reporting an
enterprise’s monetary items at rates different from those at which they were
initially recorded during the period, or reported in previous financial statements,
should be recognized as income or as expenses in the period in which they arise.
Accordingly, exchange difference on trade receivables amounting ` 23,076
{` 5,23,076(US $ 8547 x ` 61.20) less ` 5,00,000} should be charged to profit
& Loss account.
(ii) Calculation of profit or loss to be recognized in the books of Power Track Limited
`

m
Forward contract rate 64.25
Less: Spot rate (61.50)

co
Loss on forward contract 2.75
Forward Contract Amount
s. $ 50,000
te
Total loss on entering into forward contract = ($ 50,000 × ` 2.75) `1,37,500
Contract period 6 months
no

Loss for the period 1st November, 2018 to 31st March, 2019 i.e. 5 months
5 months falling in the year 2018-2019
dy

Hence, Loss for 5 months will be ` 1,37,500 

5
= ` 1,14,583
tu

Thus, the loss amounting to ` 1,14,583 for the period is to be recognized in the
as

year ended 31st March, 2019.

(b) As per AS 12 “Accounting for Government Grants”, where the government grants are
in the nature of promoters’ contribution, i.e., they are given with reference to the total
w

investment in an undertaking or by way of contribution towards its total capital outlay

(for example, Central Investment Subsidy Scheme) and no repayment is ordinarily

expected in respect thereof, the grants are treated as capital reserve which can be
w

neither distributed as dividend nor considered as deferred income.

The subsidy received by Samrat Ltd. for setting up its business in a designated
backward area will be treated as grant by the government in the nature of promoter’s
contribution as the grant is given with reference to the total investment in an
undertaking i.e. subsidy is 25% of the eligible investment and also no repayment is
apparently expected in respect thereof.

 US $ 8,547 = 5,00,000/58.50

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PAPER – 1 : ACCOUNTING 43

Since the subsidy received is neither in relation to specific fixed assets nor in relation
to revenue. Thus, the company cannot recognize the said subsidy as income in its
financial statements in the given case. It should be recognized as capital reserve
which can be neither distributed as dividend nor considered as deferred income.
19. (a) As per AS 13 ‘Accounting for Investments’, the accounting standard is not applicable
to Bank, Insurance Company, Mutual Funds. In this case Z Bank is a bank, therefore,
AS 13 does not apply to it. For banks, the RBI has issued separate guidelines for
classification and valuation of its investment and Z Bank should comply with those
RBI Guidelines/Norms. Therefore, though Z Bank has not followed the provisions of
AS 13, yet it would not be said as non-compliance since, it is complying with the
norms stipulated by the RBI.

m
(b) AS 16 clearly states that capitalization of borrowing costs should cease when
substantially all the activities necessary to prepare the qualifying asset for its intended

o
use are completed. Therefore, interest on the amount that has been used for the

.c
construction of the building up to the date of completion (January, 2019) i.e. ` 18
lakhs alone can be capitalized. It cannot be extended to ` 25 lakhs.
es
20 (a) AS 17 ‘Segment Reporting’ requires that inter-segment transfers should be measured
ot
on the basis that the enterprise actually used to price these transfers. The basis of
pricing inter-segment transfers and any change therein should be disclosed in the
yn

financial statements. Hence, the enterprise can have its own policy for pricing inter-
segment transfers and hence, inter-segment transfers may be based on cost, below
ud

cost or market price. However, whichever policy is followed, the same should be
disclosed and applied consistently. Therefore, in the given case inter-segment
st

transfer pricing policy adopted by the company is correct if followed consistently.

(b) Tax as per accounting profit 7,50,000  20% = ` 1,50,000

Tax as per Income-tax Profit 90,000  20% = ` 18,000

Tax as per MAT 4,37,500  7.50% = ` 32,812.50

Tax expense= Current Tax + Deferred Tax

` 1,50,000 = ` 18,000+ Deferred tax

Therefore, Deferred Tax liability as on 31-03-2019
= ` 1,50,000 – ` 18,000 = ` 1,32,000
Amount of tax to be debited in Profit and Loss account for the year 31-03-2019
Current Tax + Deferred Tax liability + Excess of MAT over current tax
= ` 18,000 + ` 1,32,000 + ` 14,812.50 (32,812.50 – 18,000)
= ` 1,64,812.50

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PAPER – 2: CORPORATE AND OTHER LAWS

PART – I: ANNOUNCEMENTS STATING APPLICABILITY

FOR NOVEMBER, 2019 EXAMINATIONS
Applicability for November, 2019 examinations
The Study Material (July 2017 edition) is applicable for November, 2019 examinations. This
study material is updated for all amendments till 30 th April, 2017. Further, all relevant
amendments/ circulars/ notifications etc. in the Company law part and the Negotiable
Instruments Act, 1881, for the period 1st May 2017 to 30th April, 2019 are mentioned below:
Relevant Legislative amendments from 1 st May 2017 to 30th April, 2019

m
The Companies Act, 2013/ Corporate Laws
Sl. Relevant Amendments Pg Earlier Law

o
No. no.*

.c
I Amendments related to - Enforcement of the 5.4
es -
Companies (Acceptance of Deposits) Amendment (The words have
Rules, 2017 Vide Notification G.S.R. 454 (E) dated been newly inserted
ot
11th May, 2017 in the said sub-
In the Companies (Acceptance of Deposits) Rules, clause)
yn

2014,
In rule 2, in sub-rule (1), in clause (c), in sub-
ud

clause (xviii), after the words “Domestic Venture

Capital Funds” the words “Infrastructure
st

Investment Trusts” shall be inserted.

II Amendments related to – Exemptions to 7.51 Such other place as

Government Companies Vide Notification G.S.R. the Central

582(E) Dated 13th June, 2017 Government may
w

The Central Government amends the Notification approve in this

G.S.R. 463(E), dated 5 th June 2015, whereby behalf.

Exceptions, Modifications and Adaptations were
w

provided in case of Government companies.

Following is the amendment:
In sub-section (2) of section 96, for the words
"such other place as the Central Government may
approve in this behalf”, the words “such other
place within the city, town or village in which the
registered office of the company is situate or such
other place as the Central Government may
approve in this behalf” shall be substituted.”

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PAPER – 2: CORPORATE AND OTHER LAWS 45

Insertion of Paragraph 2A in the principal notification G.S.R. 463(E), dated 5 th June

2015:
The aforesaid exceptions, modifications and adaptations (i.e. as given in Notification
G.S.R. 463(E), dated 5th June 2015 and Notification G.S.R. 582(E) Dated 13th June,
2017) shall be applicable to a Government company which has not committed a default
in filing of its financial statements under section 137 of the Companies Act or annual
return under section 92 of the said Act with the Registrar.
III Amendments related to - Exemptions to Private
Companies Vide Notification G.S.R. 583(E) Dated
13th June, 2017
The Central Government amends the Notification
G.S.R. 464(E), dated 5 th June 2015 whereby

m
Exceptions, Modifications and Adaptations were

o
provided in case of Private companies. Following

.c
are the amendments:
(1) In Chapter I, Clause (40) of section 2.
es 1.9 Provided that the
For the proviso, the following shall be substituted, financial statement,
namely:- with respect to One
ot
Provided that the financial statement, with respect Person Company,
small company and
yn

to one person company, small company, dormant

company and private company (if such private dormant company,
may not include the
ud

company is a start-up) may not include the cash

flow statement; cash flow statement
st

Explanation. - For the purposes of this Act, the

term “start-up‟ or “start-up company” means a
a

private company incorporated under the

Companies Act, 2013 or the Companies Act, 1956

and recognised as start-up in accordance with the
w

notification issued by the Department of Industrial

Policy and Promotion, Ministry of Commerce and

Industry.
w

(2) In Chapter V, clauses (a) to (e) of sub-section 5.6 Clause (a) to (e) of
(2) of section 73, shall not apply to a private Section 73 provides
company- conditions for
(A) which accepts from its members monies not acceptance of
exceeding one hundred per cent. of aggregate of deposits from
the paid up share capital, free reserves and members.
securities premium account; or Notification dated 5th
(B) which is a start-up, for five years from the date June, 2015, provided
of its incorporation; or that Clause (a) to (e)
of Sub-section 2 of

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46 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(C) which fulfils all of the following conditions, Section 73 shall not
namely:- apply to private
(a) which is not an associate or a subsidiary Companies which
company of any other company; accepts from its
(b) if the borrowings of such a company from members monies not
banks or financial institutions or any body exceeding one
corporate is less than twice of its paid up share hundred per cent, of
capital or fifty crore rupees, whichever is lower; aggregate of the paid
and up share capital and
free reserves, and
(c) such a company has not defaulted in the
such company shall
repayment of such borrowings subsisting at the
file the details of
time of accepting deposits under this section:

m
monies so accepted
Provided that the company referred to in clauses to the Registrar in

o
(A), (B) or (C) shall file the details of monies such manner as may
accepted to the Registrar in such manner as may

.c
be specified.
be specified.
es
(3) In Chapter VII, clause (g) of sub-section (1) of 7.11 clause (g) of sub-
section 92, shall apply to private companies which section (1) of section
ot
are small companies, namely:- 92 is read as
“(g) aggregate amount of remuneration drawn by “remuneration of
yn

directors;” directors and key

managerial
ud

personnel”
(4) In Chapter VII, proviso to sub-section (1) of 7.12 (4) However, in
st

section 92, relation to One

For the proviso, the following proviso shall be Person Company

substituted, namely:- and small company,

“Provided that in relation to One Person Company, the annual return
w

small company and private company (if such shall be signed by the
w

private company is a start-up), the annual return company secretary,

shall be signed by the company secretary, or or where there is no
w

where there is no company secretary, by the company secretary,

director of the company.”. by the director of the
company.
(5) Section 143(3)(i), shall not apply to a private 10.24 (5) Section 143(3)(i)
company:- provides- whether
(i) which is a one person company or a small the company has
company; or adequate internal
(ii) which has turnover less than rupees fifty crores financial controls
as per latest audited financial statement or# system in place and
which has aggregate borrowings from banks or the operating

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PAPER – 2: CORPORATE AND OTHER LAWS 47

financial institutions or anybody corporate at any effectiveness of such

point of time during the financial year less than controls;
rupees twenty five crore."
Insertion of Paragraph 2A in the principal notification G.S.R. 464(E), dated 5th June
2015:
The aforesaid exceptions, modifications and adaptations shall be applicable to a
Private company which has not committed a default in filing of its financial
statements under section 137 or annual return under section 92 of the said Act with
the Registrar.
#IV Amendments related to - Corrigendum vide Refer In Section 143(3)(i)
poi
n t 3 the words
Notification S.O. 2218(E) dated 13 th July 2017 with
above “statement or” which

m
respect to the Notification G.S.R. 583(E) Dated
13 June, 2017
th has been replaced

o
with the word
Ministry of Corporate Affairs vide corrigendum

.c
“statement and”
stated that for the words “statement or” to read as through this
“statement and” under section 143(3)(i).
es notification.
V Amendments related to - Enforcement of the 10.6 Earlier Rule 5(b)
ot
Companies (Audit and Auditors) Second stated that -all private
yn

Amendment Rules, 2017 Vide Notification G.S.R. limited companies

621(E) dated 22nd June 2017. having paid up share
capital of rupees 20
ud

The Central Government hereby amends the

Companies (Audit and Auditors) Rules, 2014. crore or more;
st

Through this amendment rule, in Rule 5(b), for the

word “twenty”, the word “fifty” shall be substituted.

VI Amendments related to - Clarification regarding - For the purposes of

applicability of exemption given to certain private clause (i) of sub-

companies under section 143(3)(i) vide circular section (3) of section
w

no. 08/2017 dated 25 th July 2017 143, for the financial

Notification No. G.S.R. 583(E) dated 13th June, years commencing on

2017 stated that requirements of reporting under or after 1st April, 2015,
section 143(3)(i) read Rule 10 A of the Companies the report of the
(Audit and Auditors) Rules, 2014 of the auditor shall state
Companies Act 2013 shall not apply to certain about existence of
private companies. Through issue of this circular, adequate internal
it is hereby clarified that the exemption shall be financial controls
applicable for those audit reports in respect of system and its
financial statements pertaining to financial year, operating
commencing on or after 1st April, 2016, which are effectiveness:
made on or after the date of the said notification.

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48 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Provided that auditor

of a company may
voluntarily include the
statement referred to
in this rule for the
financial year
commencing on or
after 1st April, 2014
and ending on or
before 31st March,
2015.
VII Amendments related to - Clarification regarding - For the purposes of

m
applicability of exemption given to certain private clause (i) of sub-
companies under section 143(3)(i) vide circular section (3) of section

o
no. 08/2017 dated 25 th July 2017 143, for the financial

.c
Notification No. G.S.R. 583(E) dated 13th June, years commencing on
es
2017 stated that requirements of reporting under
section 143(3)(i) read Rule 10 A of the Companies
or after 1st April, 2015,
the report of the
auditor ….. controls
ot
(Audit and Auditors) Rules, 2014 of the
Companies Act 2013 shall not apply to certain system and its
yn

private companies. Through issue of this circular, operating

it is hereby clarified that the exemption shall be effectiveness:
ud

applicable for those audit reports in respect of

financial statements pertaining to financial year, Provided that auditor
commencing on or after 1st April, 2016, which are of a company may
st

made on or after the date of the said notification. voluntarily …… on or

after 1st April, 2014

and ending on or
before 31st March,
w

2015.
w

VIII Amendments related to - Enforcement of the 5.8 Provided that a

Companies (Acceptance of Deposits) Second private company
w

Amendment Rules, 2017 Vide Notification G.S.R. may accept from its
1172(E) dated 19th September, 2017. members monies
In the Companies (Acceptance of Deposits) Rules, not exceeding one
2014, in rule 3, in sub-rule (3), for the proviso, the hundred per cent of
following shall be substituted, namely:- aggregate of the
“Provided that a Specified IFSC Public company paid up share
and a private company may accept from its capital, free
members monies not exceeding one hundred per reserves and
cent. of aggregate of the paid up share capital, securities premium
free reserves and securities premium account and account and such
company shall file

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PAPER – 2: CORPORATE AND OTHER LAWS 49

such company shall file the details of monies so the details of

accepted to the Registrar in Form DPT -3. monies so accepted
Explanation.—For the purpose of this rule, a to the Registrar in
Specified IFSC Public company means an unlisted such manner as
public company which is licensed to operate by the may be specified.
Reserve Bank of India or the Securities and
Exchange Board of India or the Insurance
Regulatory and Development Authority of India
from the International Financial Services Centre
located in an approved multi services Special
Economic Zone set-up under the Special
Economic Zones Act, 2005 read with the Special

m
Economic Zones Rules, 2006:
Provided further that the maximum limit in respect

o
of deposits to be accepted from members shall not

.c
apply to following classes of private companies,
namely:— es
(i) a private company which is a start-up, for five
ot
years from the date of its incorporation;
(ii) a private company which fulfils all of the
yn

following conditions, namely:—

(a) which is not an associate or a subsidiary
ud

company of any other company;

(b) the borrowings of such a company from banks
st

or financial institutions or any body corporate is

less than twice of its paid up share capital or fifty
a

crore rupees, whichever is less; and

(c) such a company has not defaulted in the

repayment of such borrowings subsisting at the time

of accepting deposits under section 73:
w

Provided also that all the companies accepting

deposits shall file the details of monies so

accepted to the Registrar in Form DPT -3.”.
IX Amendments related to - Notification S.O. 1.20 -
3086(E) dated 20th September 2017 (The proviso is newly
The Central Government hereby appoints the 20 th notified)
September, 2017 as the date on which proviso to
clause (87) of section 2 of the said Act shall come
into force.
The proviso to section 2(87) shall be read as,
“Provided that such class or classes of holding

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50 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

companies as may be prescribed shall not have

layers of subsidiaries beyond such numbers as
may be prescribed.”
X Amendments related to - COMPANIES
(AMENDMENT) ACT, 2017
Following sections of the Companies Act, 2013
(hereinafter referred to as the principal Act) have
been amended by the Companies (Amendment) Act,
2017 via Notification S.O. 351 (E) dated 26th
January, 2018; Notification S. O. 630 (E) dated 9 th
February; 2018, Notifications: S.O. 1833 (E) dated
7th May, 2018; S.O. 2422(E) dated 13 th June, 2018;

m
SO. 3299(E) dated 5th July, 2018; S.O. 3300(E)
dated 5th July, 2018; S.O. 3684(E) dated 27th July,

o
2018; S.O. 3838(E) dated 31 st July, 2018; S.O.

.c
3921(E) dated 7th August, 2018 and S.O. 4907(E)
dated 19th September, 2018. es
1. In section 2 of the Companies Act, 2013
ot
(hereinafter referred to as the principal Act)-
(i) in clause (6), for the Explanation, the following 1.4 Explanation.— For
yn

Explanation shall be substituted, namely:— the purposes of this

clause, “significant
ud

'Explanation.—For the purpose of this clause,— influence” means

(a) the expression "significant influence" means control of at least
st

control of at least twenty per cent. of total voting twenty per cent of
a

power, or control of or participation in business total share capital,

or of business
.c

decisions under an agreement;

decisions under an
w

(b) the expression "joint venture" means a joint agreement

arrangement whereby the parties that have joint

control of the arrangement have rights to the net
w

assets of the arrangement;

Enforcement Date: 7 th May, 2018
(i) for clause (28), the following clause shall be 1.7 Cost accountant
substituted, namely:— means a cost
'(28) "Cost Accountant" means a cost accountant accountant as
as defined in clause (b) of sub-section (1) of defined in clause
section 2 of the Cost and Works Accountants Act, (b) of sub-section
1959 and who holds a valid certificate of practice (1) of section 2 of
under sub-section (1) of section 6 of that Act; the Cost and Works

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PAPER – 2: CORPORATE AND OTHER LAWS 51

Accountants Act,
1959.
(ii) in clause (30), the following proviso shall be 1.8 –
inserted, namely: (The proviso is newly
"Provided that- inserted)
(a) the instruments referred to in Chapter III-D
of the Reserve Bank of India Act, 1934; and
(b) such other instrument, as may be prescribed
by the Central Government in consultation with the
Reserve Bank of India, issued by a company,
shall not be treated as debenture;";

m
1(iii) in clause (41), in the first proviso, after the
1.9 -
word "subsidiary", the words "or associate (The words are newly

o
company" shall be inserted; inserted)

.c
which is a holding
es company or a
subsidiary of a
ot
company
incorporated outside
yn

India
(iv) in clause (46), the following Explanation shall 1.11 -
ud

be inserted, namely:- (The Explanation is

'Explanation.—For the purposes of this clause, the newly inserted)
st

expression "company" includes any body

corporate;';
.c

(v) clause (49) shall be omitted 1.11 (49) Interested

director means a
w

director who is in
w

any way, whether

by…………, entered
w

into or to be entered
into by or on behalf
of a company;
This definition is
relevant for section
174 relating to
quorum …….. 188

1First proviso to section 2(41) has been fully substituted by the Companies (Amendment) Second Ordinance,
2019 (with retrospective effect from 2 nd November, 2018).

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52 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

relating to related
party transactions
of the Companies
Act, 2013.
(vi) in clause (51),- 1.11 (iii) the whole-time
director;
(a) in sub-clause (iv), the word "and" shall be (iv) the Chief
omitted; Financial Officer;
(b) for sub-clause (v), the following sub-clauses and
shall be substituted, namely:- (v) such other
"(v) such other officer, not more than one level officer as may be
prescribed;

m
below the directors who is in whole-time
employment, designated as key managerial

o
personnel by the Board; and

.c
(vi) such other officer as may be prescribed;"
es
(vii) in clause (57), for the words "and securities 1.12 ……the aggregate
value of the paid-up
premium account", the words ", securities
ot
premium account and debit or credit balance of share capital and all
profit and loss account," shall be substituted reserves created out
yn

of the profits and

securities premium
ud

account, after
deducting the
aggregate…..
st

(viii) in clause (71), in sub-clause (a), after the 1.15 –

word "company;", the word "and" shall be inserted; (The word is newly
.c

inserted)
w

(ix) in clause (72), in the proviso, in clause (A), 1.16 -

after the words “State Act”, the words “other than (The words are newly
this Act or the previous company law” shall be inserted)
w

inserted;
(x) in clause (76), for sub-clause (viii), the 1.17 (viii) any company
following sub-clause shall be substituted, which is—
namely:— (A) a holding,
subsidiary or an
"(viii) any body corporate which is— associate company
(A) a holding, subsidiary or an associate company of such company;
of such company; or
(B) a subsidiary of a holding company to which it (B) a subsidiary of a
is also a subsidiary; or holding company to

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PAPER – 2: CORPORATE AND OTHER LAWS 53

(C) an investing company or the venturer of the which it is also a

company;"; subsidiary;
Explanation.—For the purpose of this clause, “the
investing company or the venturer of a company”
means a body corporate whose investment in the
company would result in the company becoming
an associate company of the body corporate.
(xi) in clause (85)- 1.20 For (a)
(a) in sub-clause (i), for the words "five crore paid-up share capital
rupees", the words "ten crore rupees" shall be of which does not
substituted; exceed fifty lakh
rupees or such

m
higher amount as

o
may be prescribed
which shall not be

.c
more than five crore
es rupees; or
(b) in sub-clause (ii),- For (b)
ot
(A) for the words "as per its last profit and loss turnover of which as
account", the words "as per profit and loss account per its last profit
yn

for the immediately preceding financial year" shall and loss account
be substituted; does not exceed two
ud

(B) for the words "twenty crore rupees", the crore rupees or such
words "one hundred crore rupees" shall be higher amount as
st

substituted; may be prescribed

which shall not be

more than twenty
.c

crore rupees:
w

(ii) in clause (87), in sub-clause (ii), for the words 1.20 (ii) exercises or
w

“total share capital”, the words “total voting power” controls more than
shall be substituted; one-half of the total
w

share capital either

Enforcement Date: 7 th May, 2018 at its own or together
with one or more of
its subsidiary
companies:
(xii) for clause (91), the following clause shall be 1.21 (91) Turnover
substituted, namely:- means the
'(91) "turnover" means the gross amount of aggregate value of
revenue recognised in the profit and loss account the realisation of
from the sale, supply, or distribution of goods or amount made from

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54 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

on account of services rendered, or both, by a the sale, supply or

company during a financial year;'. distribution of
goods or on
account of services
rendered, or both,
by the company
during a financial
year;
Note: There is in
ambiguity in
definition. So, there
is a need for

m
amendment in this
definition. Further,

o
the change in

.c
definition is
es pending in the
Companies
(Amendment) Bill,
ot
2016.
yn

2. After section 3 of the principal Act, the following 2.4 -

section shall be inserted, namely:- (The section is newly
ud

"3A. If at any time the number of members of a inserted)

company is reduced, in the case of a public
st

company, below seven, in the case of a private

company, below two, and the company carries on
a

business for more than six months while the

number of members is so reduced, every person

who is a member of the company during the time
w

that it so carries on business after those six

months and is cognisant of the fact that it is

carrying on business with less than seven
w

members or two members, as the case may be,

shall be severally liable for the payment of the
whole debts of the company contracted during that
time, and may be severally sued therefor.".
Enforcement Date: 9 th February, 2018
3. In section 4 of the principal Act, in sub-section 2.11 Upon receipt of an
(5), for clause (i), the following shall be application, the
substituted, namely:- Registrar may, on
"(i) Upon receipt of an application under sub- the basis of
section (4), the Registrar may, on the basis of information and

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PAPER – 2: CORPORATE AND OTHER LAWS 55

information and documents furnished along with documents

the application, reserve the name for a period of furnished along
twenty days from the date of approval or such with the
other period as may be prescribed: application, reserve
Provided that in case of an application for the name for a
reservation of name or for change of its name by period of sixty days
an existing company, the Registrar may reserve from the date of the
the name for a period of sixty days from the date application.
of approval."
Enforcement Date: 26 th January, 2018
4. In section 7 of the principal Act, in sub-section 2.18 an affidavit from
(1), in item (c), for the words "an affidavit", the each of the

m
words "a declaration" shall be substituted. subscribers to the

o
memorandum and
from persons named

.c
Enforcement Date: 27 th July, 2018
as the first directors,
es if any, in the articles
stating that
ot
5. In section 12 of the principal Act,— 2.22 (1) Registered office:
(i) in sub-section (1), for the words "on and from From the 15th day
yn

the fifteenth day of its incorporation", the words of its incorporation

"within thirty days of its incorporation" shall be and at all times
ud

substituted; thereafter a company

shall …..be
st

Enforcement Date: 27 th July, 2018 addressed to it.

5. In section 12 of the principal Act,— 2.23 (6) Notice of

(ii) in sub-section (4), for the words "within fifteen change to registrar:
days", the words "within thirty days" shall be Notice of every
w

substituted. change ……..

Enforcement Date: 27 th July, 2018 Registrar within 15

days of the change,
w

who shall record the

same.
6. In section 21 of the principal Act, for the words 2.35 (ii) an officer of
"an officer of the company", the words "an officer the company duly
or employee of the company" shall be substituted authorised by the
Enforcement Date: 9th February, 2018 Board in this behalf.
7. In section 26 of the principal Act, in sub-section 3.7 -
(1),— (The words have
(i) after the words "signed and shall", the following been newly inserted)
shall be inserted, namely:—

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56 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

"state such information and set out such reports

on financial information as may be specified by the
Securities and Exchange Board in consultation
with the Central Government:
Provided that until the Securities and Exchange
Board specifies the information and reports on
financial information under this sub-section, the
regulations made by the Securities and Exchange
Board under the Securities and Exchange Board
of India Act, 1992, in respect of such financial
information or reports on financial information
shall apply.";

m
Enforcement Date: 7th May, 2018

o
.c
7. In section 26 of the principal Act, in sub-section 3.7, (a) Firstly, under
(1),- es 3.8, the general
3.9 information, the
(ii) clauses (a), (b) and (d) shall be omitted. prospectus shall
ot
contained the
following
yn

Enforcement Date: 7 th May, 2018 information,

namely—
ud

(i) names and

addresses of the
st

………of promoter‘s
a

contribution;
.c

(b) Secondly,
w

under the Financial

informations, …….
applied directly or
w

indirectly;
(d) state such
other matters and
set out such other
reports, as may be
prescribed.
8. In section 35 of the principal Act, in sub-section 3.22 -
(2), after clause (b), the following clause shall be (The clause is newly
inserted, namely:- inserted)

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PAPER – 2: CORPORATE AND OTHER LAWS 57

"(c) that, as regards every misleading statement To be inserted in

purported to be made by an expert or contained in Point (2) after point
what purports to be a copy of or an extract from a (b)
report or valuation of an expert, it was a correct
and fair representation of the statement, or a
correct copy of, or a correct and fair extract from,
the report or valuation; and he had reasonable
ground to believe and did up to the time of the
issue of the prospectus believe, that the person
making the statement was competent to make it
and that the said person had given the consent
required by sub-section (5) of section 26 to the

m
issue of the prospectus and had not withdrawn
that consent before delivery of a copy of the

o
prospectus for registration or, to the defendant's

.c
knowledge, before allotment thereunder.".
Enforcement Date: 9th February, 2018 es
9. For section 42 of the principal Act, the following 3.28 The content related
section shall be substituted, namely:— to to section 42 is to be
ot
'42. (1) A company may, subject to the provisions 3.32 deleted
yn

of this section, make a private placement of

securities.
ud

(2) A private placement shall be made only to a

select group of persons who have been identified
st

by the Board (herein referred to as "identified

persons"), whose number shall not exceed fifty or
a

such higher number as may be prescribed

[excluding the qualified institutional buyers and

employees of the company being offered
w

securities under a scheme of employees stock

option in terms of provisions of clause (b) of sub-

section (1) of section 62], in a financial year
w

subject to such conditions as may be prescribed.

(3) A company making private placement shall
issue private placement offer and application in
such form and manner as may be prescribed to
identified persons, whose names and addresses
are recorded by the company in such manner as
may be prescribed:
Provided that the private placement offer and
application shall not carry any right of
renunciation.

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58 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Explanation I.—"private placement" means any

offer or invitation to subscribe or issue of
securities to a select group of persons by a
company (other than by way of public offer)
through private placement offer-cum-application,
which satisfies the conditions specified in this
section.
Explanation II.—"qualified institutional buyer"
means the qualified institutional buyer as defined
in the Securities and Exchange Board of India
(Issue of Capital and Disclosure Requirements)
Regulations, 2009, as amended from time to time,

m
made under the Securities and Exchange Board of
India Act, 1992.

o
Explanation III.—If a company, listed or unlisted,

.c
makes an offer to allot or invites subscription, or
es
allots, or enters into an agreement to allot,
securities to more than the prescribed number of
persons, whether the payment for the securities
ot
has been received or not or whether the company
yn

intends to list its securities or not on any

recognised stock exchange in or outside India, the
ud

same shall be deemed to be an offer to the public

and shall accordingly be governed by the
provisions of Part I of this Chapter.
st

(4) Every identified person willing to subscribe to

the private placement issue shall apply in the

private placement and application issued to such

person alongwith subscription money paid either
w

by cheque or demand draft or other banking

channel and not by cash:

Provided that a company shall not utilise monies
w

raised through private placement unless allotment

is made and the return of allotment is filed with the
Registrar in accordance with sub-section (8).
(5) No fresh offer or invitation under this section
shall be made unless the allotments with respect
to any offer or invitation made earlier have been
completed or that offer or invitation has been
withdrawn or abandoned by the company:
Provided that, subject to the maximum number of
identified persons under sub-section (2), a

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PAPER – 2: CORPORATE AND OTHER LAWS 59

company may, at any time, make more than one

issue of securities to such class of identified
persons as may be prescribed.
(6) A company making an offer or invitation under
this section shall allot its securities within sixty
days from the date of receipt of the application
money for such securities and if the company is
not able to allot the securities within that period, it
shall repay the application money to the
subscribers within fifteen days from the expiry of
sixty days and if the company fails to repay the
application money within the aforesaid period, it

m
shall be liable to repay that money with interest at
the rate of twelve per cent. per annum from the

o
expiry of the sixtieth day:

.c
Provided that monies received on application
under this section shall be kept in a separate bank
es
account in a scheduled bank and shall not be
utilised for any purpose other than—
ot
(a) for adjustment against allotment of
yn

securities; or
(b) for the repayment of monies where the
ud

company is unable to allot

securities.
st

(7) No company issuing securities under this

section shall release any public advertisements or
a

utilise any media, marketing or distribution

channels or agents to inform the public at large

about such an issue.

(8) A company making any allotment of securities
w

under this section, shall file with the Registrar a

return of allotment within fifteen days from the date

of the allotment in such manner as may be
prescribed, including a complete list of all
allottees, with their full names, addresses, number
of securities allotted and such other relevant
information as may be prescribed.
(9) If a company defaults in filing the return of
allotment within the period prescribed under sub-
section (8), the company, its promoters and
directors shall be liable to a penalty for each
default of one thousand rupees for each day

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60 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

during which such default continues but not

exceeding twenty-five lakh rupees.
(10) Subject to sub-section (11), if a company
makes an offer or accepts monies in contravention
of this section, the company, its promoters and
directors shall be liable for a penalty which may
extend to the amount raised through the private
placement or two crore rupees, whichever is
lower, and the company shall also refund all
monies with interest as specified in sub-section (6)
to subscribers within a period of thirty days of the
order imposing the penalty.

m
(11) Notwithstanding anything contained in sub-
section (9) and sub-section (10), any private

o
placement issue not made in compliance of the

.c
provisions of sub-section (2) shall be deemed to
be a public offer and all the provisions of this Act
es
and the Securities Contracts (Regulation) Act,
1956 and the Securities and Exchange Board of
ot
India Act, 1992 shall be applicable.’.
yn

Enforcement Date: 7 th August, 2018

10. In section 47, in sub-section (1), for the words, 4.6 In Point (i), the
ud

figures and brackets "provisions of section 43 and following may be

sub-section (2) of section 50", the words, figures added,
st

and brackets "provisions of section 43, sub-

“Subject to
section (2) of section 50 and sub-section (1) of
a

the provisions of
section 188" shall be substituted.
.c

section 43, sub-

Enforcement Date: 9 th February, 2018 section (2) of section
w

50 and sub-section
w

(1) of section 188,”

11. In section 53 of the principal Act,- 4.10 For (i)

(i) in sub-section (2), for the words "discounted Any share issued by
price", the word "discount" shall be substituted; a company at a
Enforcement Date: 9 th February, 2018 discounted price
shall be void.
11. In section 53 of the principal Act,- 4.10 For (ii): -
(ii) after sub-section (2), the following sub-section (The sub- section is
shall be inserted, namely:- newly inserted)
"(2A) Notwithstanding anything contained in
sub-sections (1) and (2), a company may issue

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PAPER – 2: CORPORATE AND OTHER LAWS 61

shares at a discount to its creditors when its debt

is converted into shares in pursuance of any
statutory resolution plan or debt restructuring
scheme in accordance with any guidelines or
directions or regulations specified by the Reserve
Bank of India under the Reserve Bank of India Act,
1934 or the Banking (Regulation) Act, 1949.".
Enforcement Date: 9 th February, 2018
12. In section 54, in sub-section (1), clause (c) 4.11 (c) not less than
shall be omitted. one year has, at the
date of such issue,
Enforcement Date: 7 th May, 2018 elapsed since the

m
date on which the
company had

o
commenced

.c
business; and
13. In section 62 of the principal Act,-
es 4.22 For (i)
(i) in sub-section (1), in clause (c), for the words (c) to any persons,
ot
"of a registered valuer subject to such conditions if it is authorised by a
as may be prescribed", the words and figures "of special resolution,
yn

a registered valuer, subject to the compliance with ….. is determined by

the applicable provisions of Chapter III and any the valuation report
ud

other conditions as may be prescribed" shall be of a registered

substituted; valuer subject to
st

such conditions as
prescribed ………
a

Enforcement Date: 9 th February, 2018

13. In section 62 of the principal Act,- 4.22 For (ii)

The notice of offer
w

(ii) for sub-section (2), the following sub-section of shares shall be

shall be substituted, namely:- despatched

"(2) The notice referred to in sub-clause (i) of through registered

clause (a) of sub-section (1) shall be dispatched post or speed post
through registered post or speed post or through or through
electronic mode or courier or any other mode electronic mode to
having proof of delivery to all the existing all the existing
shareholders at least three days before the shareholders at
opening of the issue.". least three days
before the opening
of the issue.
Enforcement Date: 9 th February, 2018

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62 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

14. In section 73 of the principal Act, in sub- 5.6 (c) depositing

section (2),— such sum which
(i) for clause (c), the following clause shall be shall not be less
substituted, namely:— than fifteen per
"(c) depositing, on or before the thirtieth day of cent. of the amount
April each year, such sum which shall not be less of its deposits
than twenty per cent. of the amount of its deposits maturing during a
maturing during the following financial year and financial year and
kept in a scheduled bank in a separate bank the financial year
account to be called deposit repayment reserve next following, and
account;"; kept in a scheduled
bank in a separate

m
Enforcement Date: 15th August, 2018 bank account to be
called as deposit

o
repayment reserve

.c
account
es
14. In section 73 of the principal Act, in sub- 5.6 (d) providing such
section (2),— deposit insurance
ot
(ii) clause (d) shall be omitted; in such manner and
yn

to such extent as
Enforcement Date: 15 th August, 2018 may be prescribed
ud

14. In section 73 of the principal Act, in sub- 5.6 (e) certifying that the
section (2),— ………. Act or
st

(iii) in clause (e), for the words "such deposits;", payment of interest
a

the following shall be substituted, namely:— on such deposits

"such deposits and where a default had occurred,

the company made good the default and a period
w

of five years had lapsed since the date of making

good the default;".

Enforcement Date: 15 th August, 2018
w

15. In section 74, in sub-section (1), for clause 5.13 repay within one
(b), the following clause shall be substituted, year from such
namely:— commencement or
"(b) repay within three years from such from the date on
commencement or on or before expiry of the which such
period for which the deposits were accepted, payments are due,
whichever is earlier: whichever is earlier
Provided that renewal of any such deposits shall
be done in accordance with the provisions of
Chapter V and the rules made thereunder."

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PAPER – 2: CORPORATE AND OTHER LAWS 63

Enforcement Date: 15 th August, 2018

16. In section 76A of the principal Act,- (a) For (a)
(a) in clause (a), for the words, “one crore rupees”, 5.14 the company ….shall
the words “one crore rupees or twice the amount not be less than one
of deposit accepted by the company, whichever is crore rupees but
lower” shall be substituted; which may extend to
ten crore rupees; and
Enforcement Date: 9 th February, 2018
16. In section 76A of the principal Act,- 5.15 For (b)
every officer ….with
imprisonment which

m
(b) in clause (b),-
(i) for the words "seven years or with fine", the may extend to seven

o
words "seven years and with fine" shall be years or with fine

.c
substituted; which shall not be
less than twenty-five
(ii) the words "or with both" shall be omitted
es lakh rupees but
which may extend to
ot
Enforcement Date: 9 th February, 2018 two crore rupees, or
with both
yn

17. In section 77 of the principal Act, in sub- 6.3 -

section (1), after the third proviso, the following (The proviso is newly
ud

proviso shall be inserted, namely:— inserted)

"Provided also that this section shall not apply to
st

such charges as may be prescribed in consultation

with the Reserve Bank of India.".

Enforcement Date: 7 th May, 2018

18. In section 78 of the principal Act, for the words 6.4 As per section 78
w

and figures "register the charge within the period ……. to register the
w

specified in section 77", the words, brackets and charge within the
figures "register the charge within the period of period 30 days, the
thirty days referred to in sub-section (1) of section person in whose
77" shall be substituted. favour the charge is
created may apply
Enforcement Date: 7 th May, 2018
19. In section 82 of the principal Act, in sub- 6.7 According to section
section (1),— 82 of the Companies
(i) the words, brackets and figures "and the Act, 2013, …… from
provisions of sub-section (1) of section 77 shall, the date of such
payment or

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64 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

as far as may be, apply to an intimation given satisfaction and the

under this section" shall be omitted; provisions of
section 77(1) shall,
Enforcement Date: 5 th July, 2018 as far as may be,
apply to an
intimation given
under this section.
19. In section 82 of the principal Act, in sub- 6.8 -
section (1),— (The proviso is newly
(ii) the following proviso shall be inserted, inserted)
namely:—
"Provided that the Registrar may, on an

m
application by the company or the charge holder,

o
allow such intimation of payment or satisfaction to
be made within a period of three hundred days of

.c
such payment or satisfaction on payment of such
additional fees as may be prescribed.".
es
ot
Enforcement Date: 5 th July, 2018
yn

20. In section 89 of the principal Act,— 7.9 For (i), the said words
(i) in sub-section (6), the words and figures, are omitted.
ud

"within the time specified under section 403" shall (however, the study
be omitted; material does not
contain reference of
st

section 403)
Enforcement Date: 7 th May, 2018
a
.c

20. In section 89 of the principal Act,— 7.9 the said words have
been substituted
w

(ii) in sub-section (7), for the words and figures, (however, the study
w

"under the first proviso to sub-section (1) of material does not

section 403", the word "therein", shall be contain reference of
w

substituted; section 403)

Enforcement Date: 7 th May, 2018
20. In section 89 of the principal Act,— 7.9 The sub- section is
newly inserted.
(iii) after sub-section (9), the following sub-section
shall be inserted, namely:—
"(10) For the purposes of this section and section
90, beneficial interest in a share includes, directly
or indirectly, through any contract, arrangement or

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PAPER – 2: CORPORATE AND OTHER LAWS 65

otherwise, the right or entitlement of a person

alone or together with any other
person to—
(i) exercise or cause to be exercised any or all of
the rights attached to such share; or
(ii) receive or participate in any dividend or other
distribution in respect of such share.".
Enforcement Date: 13 th June, 2018
21. For section 90 of the principal Act, the 7.10 INVESTIGATION OF
following section shall be substituted, namely:— BENEFICIAL
OWNERSHIP OF
‘REGISTER OF SIGNIFICANT BENEFICIAL
SHARES IN CERTAI N

m
OWNERS IN A COMPANY
CASES The section
(1) Every individual, who acting alone or together,

o
simply enables the
or through one or more persons or trust, including Central …….

.c
a trust and persons resident outside India, holds investigation
beneficial interests, of not less than twenty-five
es ordered under that
per cent. or such other percentage as may be section.
prescribed, in shares of a company or the right to
ot
exercise, or the actual exercising of significant
yn

influence or control as defined in clause (27) of

section 2, over the company (herein referred to as
"significant beneficial owner"), shall make a
ud

declaration to the company, specifying the nature

of his interest and other particulars, in such
st

manner and within such period of acquisition of the

beneficial interest or rights and any change

thereof, as may be prescribed:

Provided that the Central Government may
w

prescribe a class or classes of persons who shall

not be required to make declaration under this

sub-section.
w

(2) Every company shall maintain a register of the

interest declared by individuals under sub-section
(1) and changes therein which shall include the
name of individual, his date of birth, address,
details of ownership in the company and such
other details as may be prescribed.
(3) The register maintained under sub-section (2)
shall be open to inspection by any member of the
company on payment of such fees as may be
prescribed.

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66 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(4) Every company shall file a return of significant

beneficial owners of the company and changes
therein with the Registrar containing names,
addresses and other details as may be prescribed
within such time, in such form and manner as may
be prescribed.
(5) A company shall give notice, in the prescribed
manner, to any person (whether or not a member
of the company) whom the company knows or has
reasonable cause to believe—
(a) to be a significant beneficial owner of the
company;

m
(b) to be having knowledge of the identity of a

o
significant beneficial owner or another person
likely to have such knowledge; or

.c
(c) to have been a significant beneficial owner of
es
the company at any time during the three years
immediately preceding the date on which the
ot
notice is issued,
and who is not registered as a significant
yn

beneficial owner with the company as required

under this section.
ud

(6) The information required by the notice under

sub-section (5) shall be given by the concerned
st

person within a period not exceeding thirty days of

the date of the notice.
a

(7) The company shall,—

(a) where that person fails to give the company

the information required by the notice within the

time specified therein; or

(b) where the information given is not
w

satisfactory,
apply to the Tribunal within a period of fifteen days
of the expiry of the period specified in the notice,
for an order directing that the shares in question
be subject to restrictions with regard to transfer of
interest, suspension of all rights attached to the
shares and such other matters as may be
prescribed.
(8) On any application made under sub-section
(7), the Tribunal may, after giving an opportunity

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PAPER – 2: CORPORATE AND OTHER LAWS 67

of being heard to the parties concerned, make

such order restricting the rights attached with the
shares within a period of sixty days of receipt of
application or such other period as may be
prescribed.
(9) The company or the person aggrieved by the
order of the Tribunal may make an application to
the Tribunal for relaxation or lifting of the
restrictions placed under sub-section (8).
(10) If any person fails to make a declaration as
required under sub-section (1), he shall be
punishable with fine which shall not be less than

m
one lakh rupees but which may extend to ten lakh
rupees and where the failure is a continuing one,

o
with a further fine which may extend to one

.c
thousand rupees for every day after the first during
which the failure continues. es
(11) If a company, required to maintain register
under sub-section (2) and file the information
ot
under sub-section (4), fails to do so or denies
yn

inspection as provided therein, the company and

every officer of the company who is in default shall
ud

be punishable with fine which shall not be less

than ten lakh rupees but which may extend to fifty
lakh rupees and where the failure is a continuing
st

one, with a further fine which may extend to one

thousand rupees for every day after the first during

which the failure continues.

(12) If any person wilfully furnishes any false or
w

incorrect information or suppresses any material

information of which he is aware in the declaration

made under this section, he shall be liable to
w

action under section 447.'.

Enforcement Date: 13 th June, 2018
22. In section 92 of the principal Act,— 7.12 A copy of annual
return shall be file
(i) in sub-section (4), the words and figures, with the RoC within
"within the time as specified, under section 403" 60 days …… holding
shall be omitted; the AGM within the
time specified
Enforcement Date: 7 th May, 2018
under section 403

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68 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

22. In section 92 of the principal Act,— 7.12 the said words have
been substituted
2(ii) in sub-section (5), for the words and figures, (however, the study
"under section 403 with additional fees" the word material does not
"therein" shall be substituted. contain reference of
section 403)
Enforcement Date: 7 th May, 2018
23. Section 93 of the principal Act shall be 7.13 SECTION 93 –
omitted. RETURN …..
company in each
Enforcement Date: 13th June, 2018 case
24. In section 94 of the principal Act,— 7.14 the change has to be

m
(i) in sub-section (1), in the first proviso, the words made in the diagram
"and the Registrar has been given a copy of the given on page 7.14

o
proposed special resolution in advance" shall be

.c
omitted;
Enforcement Date: 13 th June, 2018
es
24. In section 94 of the principal Act,— 7.14 -
ot
(The proviso is newly
(ii) in sub-section (3), the following proviso shall inserted)
yn

be inserted, namely:—
"Provided that such particulars of the register or
ud

index or return as may be prescribed shall not be

available for inspection under sub-section (2) or
st

for taking extracts or copies under this sub-

section.".
.c

Enforcement Date: 13th June, 2018

25. In section 96 of the principal Act, in sub- 7.51 -
w

section (2), in the proviso, for the words "Provided (The proviso is newly
w

that", the following shall be substituted, namely:— inserted)

"Provided that annual general meeting of an

unlisted company may be held at any place in
India if consent is given in writing or by electronic
mode by all the members in advance:
Provided further that".
Enforcement Date: 13th June, 2018

2Sub-section 5 of section 92 has been fully substituted by the Companies (Amendment) Second Ordinance,
2019 (w.r.e.f. 2.11.2018)

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PAPER – 2: CORPORATE AND OTHER LAWS 69

26. In section 100 of the principal Act, in sub- 7.52 -

section (1), the following proviso shall be inserted, (The proviso is newly
namely:- "Provided that an extraordinary general inserted)
meeting of the company, other than of the wholly
owned subsidiary of a company incorporated
outside India, shall be held at a place within
India.".
Enforcement Date: 9 th February, 2018
27. In section 101 of the principal Act, in sub- 7.19 The proviso to
section (1), for the proviso, the following proviso section 101(1) also
shall be substituted, namely:- states that a shorter
"Provided that a general meeting may be called notice may also be

m
after giving shorter notice than that specified in given with the

o
this sub-section if consent, in writing or by consent of 95 per
cent of the

.c
electronic mode, is accorded thereto-
(i) in the case of an annual general meeting, by not members entitled to
es
less than ninty-five per cent. of the members vote. Generally
entitled to vote thereat; and meetings need to be
ot
called by giving a
(ii) in the case of any other general meeting, by
notice of 21 clear
members of the company-
yn

days. However, they

(a) holding, if the company has a share capital, can be called on a
majority in number of members entitled to vote and
ud

shorter notice if, 95

who represent not less than ninety-five per cent. per cent of the
of such part of the paid-up share capital of the
st

members entitled to
company as gives a right to vote at the meeting; vote in that meeting
a

or give their consent

(b) having, if the company has no share capital, in writing or by

not less than ninety-five per cent. of the total electronic mode.
w

voting power exercisable at that meeting: It is also important

Provided further that where any member of a to note that only the
company is entitled to vote only on some
w

requirement as
resolution or resolutions to be moved at a meeting regards the length
and not on the others, those members shall be of the notice being
taken into account for the purposes of this sub- 21 days, is
section in respect of the former resolution or dispensed with by
resolutions and not in respect of the latter.". such consent of not
Enforcement Date: 9 th February, 2018 less than 95 per
cent of the
members entitled to
vote at such
meeting and not the

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70 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

necessity to call
and hold such
meeting.
28. In section 110 of the principal Act, in sub- 7.34 -
section (1), the following proviso shall be inserted, (The proviso is newly
namely:- inserted)
"Provided that any item of business required to be
transacted by means of postal ballot under clause
(a), may be transacted at a general meeting by a
company which is required to provide the facility
to members to vote by electronic means under
section 108, in the manner provided in that

m
section."

o
Enforcement Date: 9 th February, 2018

.c
29. In section 117 of the principal Act,— 7.45 the said words have
(i) in sub-section (1), the words and figures “within
es been omitted
the time specified under section 403” shall be (however, the study
omitted; material does not
ot
Enforcement Date: 7 th May, 2018 contain reference of
section 403)
yn

29. In section 117 of the principal Act,— 7.46 Section 117(2) sets
ud

out …….. to …... the

3(ii) in sub-section (2),— specified time under
section 403 and
st

(a) for the words and figures “under section 403

……. which shall not
with additional fees”, the word “therein” shall be
a

be less than
substituted;
.c

` 5,00,000 but which

(b) for the words "not be less than five lakh may extend to
w

rupees", the words "not be less than one lakh ` 25,00,000 and
rupees" shall be substituted;
w

every officer ……
(c) for the words "one lakh rupees", the words "fifty with fine which shall
w

thousand rupees" shall be substituted; not be less than

` 1,00,000 but which
Enforcement Date: 7 th May, 2018 may extend to
` 5,00,000

3 Sub-section 2 of section 117 has been fully substituted by the Companies (Amendment) Second
Ordinance, 2019 (w.r.e.f. 2.11.2018)

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PAPER – 2: CORPORATE AND OTHER LAWS 71

29. In section 117 of the principal Act,— 7.45 For (a)

(iii) in sub-section (3),— resolutions passed
(a) clause (e) shall be omitted; by a …….. of any of
(b) in clause (g), in the proviso, the word “and” the powers under
shall be omitted and the following proviso shall be …(1)(c)
inserted, namely:—
"Provided further that nothing contained in this For (b)-
clause shall apply to a banking company in (The proviso is newly
respect of a resolution passed to grant loans, or inserted)
give guarantee or provide security in respect of
loans under clause (f) of sub-section (3) of section
179 in the ordinary course of its business; and.".

m
Enforcement Date: 7 th May, 2018

o
30. In section 121 of the principal Act,— 7.52 the said words have

.c
been omitted/
es
(i) in sub-section (2), the words and figures “within substituted
the time as specified, under section 403” shall be (however, the study
omitted; material does not
ot
4(ii) in sub-section (3), for the words and figures contain reference of
section 403)
yn

“under section 403 with additional fees”, the word

“therein” shall be substituted.
ud

Enforcement Date: 7 th May, 2018

31. In section 123 of the principal Act,- 8.4
st

(a) in sub-section (1)-

(i) in clause (a),-

(A) for the words "both; or", the word "both:" (i) For point (A)
shall be substituted; (c) out of both (a)
w

(B) the following proviso shall be inserted, and (b); or

namely:-
w

"Provided that in computing profits any amount

representing unrealised gains, notional gains or For point (B): -
revaluation of assets and any change in carrying
(The proviso is newly
amount of an asset or of a liability on
inserted)
measurement of the asset or the liability at fair
value shall be excluded; or";
Enforcement Date: 9 th February, 2018

4Sub-section 3 of section 121 has been fully substituted by the Companies (Amendment) Second Ordinance,
2019 (w.r.e.f. 2.11.2018)

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72 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

31. In section 123 of the principal Act,- 8.4 For (ii)

Where a company,
(a) in sub-section (1)- ……. it in previous
(ii) in the second proviso, for the words years and
"transferred by the company to the reserves", the transferred by the
words "transferred by the company to the free company to the
reserves" shall be substituted; reserves, such
declaration of
dividend …… with
Enforcement Date: 9 th February, 2018 prescribed rules.
[Second Proviso to
section 123(1)]

m
31. In section 123 of the principal Act,- 8.6 According to section

o
123(3), the Board of
Directors of a

.c
(b) for sub-section (3), the following sub-section
shall be substituted, namely:- company may
"(3) The Board of Directors of a company may
es declare interim
dividend during any
declare interim dividend during any financial year
ot
financial year out of
or at any time during the period from closure of
the surplus in the
financial year till holding of the annual general
yn

profit and loss

meeting out of the surplus in the profit and loss
account and out of
account or out of profits of the financial year for
ud

profits of the
which such interim dividend is sought to be
financial year in
declared or out of profits generated in the financial
st

which such interim

year till the quarter preceding the date of
dividend is sought
a

declaration of the interim dividend:

to be declared.
.c

Provided that in case the company has incurred

However, in case
loss during the current financial year up to the end
the company has
w

of the quarter immediately preceding the date of

incurred loss
w

declaration of interim dividend, such interim

during the current
dividend shall not be declared at a rate higher than
w

financial year up to
the average dividends declared by the company
the end of the
during immediately preceding three financial
quarter immediately
years.".
preceding the date
of declaration of
Enforcement Date: 9 th February, 2018 interim dividend,
such interim
dividend shall not
be declared at a rate
higher than the
average dividends

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PAPER – 2: CORPORATE AND OTHER LAWS 73

declared by the
company during
immediately
preceding three
financial years.
32. In section 129 of the principal Act, for sub- 9.8 (1) Where a
section (3), the following sub-section shall be and company has one
substituted, namely:— 9.9 or more
"(3) Where a company has one or more subsidiaries, ……
subsidiaries or associate companies, it shall, in Rule 6 of
addition to financial statements provided under the Companies
sub-section (2), prepare a consolidated financial (Accounts) Rules,

m
statement of the company and of all the 2014.
subsidiaries and associate companies in the same

o
form and manner as that of its own and in

.c
Explanation—For
accordance with applicable accounting standards,
es the purposes of this
which shall also be laid before the annual general
sub-section, the
meeting of the company along with the laying of its
word “subsidiary”
ot
financial statement under sub-section (2):
shall include
Provided that the company shall also attach along
associate company
yn

with its financial statement, a separate statement

and joint venture.
containing the salient features of the financial
ud

statement of its subsidiary or subsidiaries and

associate company or companies in such form as
st

may be prescribed:
Provided further that the Central Government may
a

provide for the consolidation of accounts of

companies in such manner as may be prescribed.

Enforcement Date: 7th May, 2018

33. In section 130 of the principal Act,- 9.13 For (i) -
w

(i) in sub-section (1), in the proviso,- (The words are newly

(a) after the words "regulatory body or authorities inserted)

concerned", the words "or any other person
concerned" shall be inserted;
(b) after the words "the body or authority
concerned", the words "or the other person
concerned" shall be inserted;
Enforcement Date: 9 th February, 2018
33. In section 130 of the principal Act,- 9.13
(ii) after sub-section (2), the following sub-section For (ii) –
shall be inserted, namely:-

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74 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

"(3) No order shall be made under sub-section (1) (This sub- section is
in respect of re-opening of books of account newly inserted)
relating to a period earlier than eight financial
years immediately preceding the current financial
year: Provided that where a direction has been
issued by the Central Government under the
proviso to sub-section (5) of section 128 for
keeping of books of account for a period longer
than eight years, the books of account may be
ordered to be re-opened within such longer
period."
Enforcement Date: 9 th February, 2018

m
34. In section 134 of the principal Act,— 9.16

o
(a) for sub-section (1), the following sub-section The financial

.c
shall be substituted, namely:— statements,
es including
"(1) The financial statement, including
consolidated
consolidated financial statement, if any, shall be
financial statement,
approved by the Board of Directors before they are
ot
…......... for
signed on behalf of the Board by the chairperson
submission to the
yn

of the company where he is authorised by the

auditor for his
Board or by two directors out of which one shall be
report thereon.
ud

managing director, if any, and the Chief Executive

Officer, the Chief Financial Officer and the
company secretary of the company, wherever they
st

are appointed, or in the case of One Person

Company, only by one director, for submission to

the auditor for his report thereon.";

Enforcement Date: 31 st July, 2018

34. In section 134 of the principal Act,— 9.17 For (i)
w

(b) in sub-section (3),— Extract of annual

return (in the

(i) for clause (a), the following clause shall be
diagram)
substituted, namely:—
"(a) the web address, if any, where annual return
referred to in sub-section (3) of section 92 has For (ii)
been placed;"; Listed /other public
(ii) in clause (p), for the words "annual evaluation …….
has been made by the Board of its own statement
performance and that of its committees and of annual evaluation
individual directors", the words "annual evaluation of performances of
of the performance of the Board, its Committees Board,

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PAPER – 2: CORPORATE AND OTHER LAWS 75

and of individual directors has been made" shall committees and

be substituted; individual directors.
(iii) after clause (q), the following provisos shall be (in the diagram)
inserted, namely:—
"Provided that where disclosures referred to in this For (iii)
sub-section have been included in the financial The proviso is newly
statements, such disclosures shall be referred to inserted (in the
instead of being repeated in the Board's report: diagram)
Provided further that where the policy referred to
in clause (e) or clause (o) is made available on
company's website, if any, it shall be sufficient
compliance of the requirements under such

m
clauses if the salient features of the policy and any
change therein are specified in brief in the Board's

o
report and the web-address is indicated therein at

.c
which the complete policy is available.";
Enforcement Date: 31 st July, 2018
es
34. In section 134 of the principal Act,— - -
ot
(c) after sub-section (3), the following sub-section (The sub- section is
newly inserted)
yn

shall be inserted, namely:—

"(3A) The Central Government may prescribe an
ud

abridged Board's report, for the purpose of

compliance with this section by One Person
st

Company or small company.".

Enforcement Date: 31st July, 2018
a

35. In section 135 of the principal Act,— 9.23 For (a)

(i) in sub-section (1),— during any financial

(a) for the words "any financial year", the words year shall constitute
a Corporate Social
w

"the immediately preceding financial year" shall be

substituted; Responsibility
w

(b) the following proviso shall be inserted, Committee of the

namely:— Board.
"Provided that where a company is not required to
appoint an independent director under sub-section For (b)-
(4) of section 149, it shall have in its Corporate (The proviso has
Social Responsibility Committee two or more been newly inserted)
directors.";

Enforcement Date: 19 th September, 2018

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76 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

35. In section 135 of the principal Act,— 9.24 formulate and

(ii) in sub-section (3), in clause (a), for the recommend …….
words and figures "as specified in Schedule VII", which shall indicate
the words and figures "in areas or subject, the activities to be
specified in Schedule VII" shall be substituted; undertaken by the
company as
specified in
Enforcement Date: 19 th September, 2018
Schedule VII;
35. In section 135 of the principal Act,— 9.26 Here, “average net
(iii) in sub-section (5), for the Explanation, the profit” shall be
following Explanation shall be substituted, calculated in
namely:— accordance with the

m
'Explanation.—For the purposes of this section provisions of
section 198

o
"net profit" shall not include such sums as may be
prescribed, and shall be calculated in accordance

.c
with the provisions of section 198.'.
Enforcement Date: 19 th September, 2018
es
36. In section 136 of the principal Act,- 9.30 As per the
ot
(i) in sub-section (1),- amendment the word
(a) the words and figures "Without prejudice to the “Without prejudice to
yn

provisions of section 101," shall be omitted; the provisions of

Enforcement Date: 9 th February, 2018 section 101,” shall be
ud

omitted
36. In section 136 of the principal Act,- 9.31 -
st

(i) in sub-section (1),- (The proviso is newly

inserted)
(b) in the first proviso, for the words "Provided
.c

that", the following shall be substituted, namely:-

"Provided that if the copies of the documents are

sent less than twenty-one days before the date of

the meeting, they shall, notwithstanding that fact,
w

be deemed to have been duly sent if it is so agreed

by members-
(a) holding, if the company has a share capital,
majority in number entitled to vote and who
represent not less than ninety-five per cent. of
such part of the paid-up share capital of the
company as gives a right to vote at the meeting;
or

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PAPER – 2: CORPORATE AND OTHER LAWS 77

(b) having, if the company has no share

capital, not less than ninety five per cent. of the
total voting power exercisable at the meeting:
Provided further that";
Enforcement Date: 9 th February, 2018
36. In section 136 of the principal Act,- 9.31 Related to point (ii)
(i) in sub-section (1),- on Page 9.31
(c) in the second proviso, for the words "Provided
further", the words, "Provided also" shall be
substituted;

m
Enforcement Date: 9 th February, 2018
36. In section 136 of the principal Act,- 9.31 (iii) Subsidiary

o
(i) in sub-section (1),- Companies:

.c
(d) for the fourth proviso, the following provisos Every company
shall be substituted, namely:—
es having a subsidiary
'Provided also that every listed company having a or subsidiaries
ot
subsidiary or subsidiaries shall place separate shall,—
audited accounts in respect of each of subsidiary (1) place separate
yn

on its website, if any: audited accounts in

Provided also that a listed company which has a respect of each of
ud

subsidiary incorporated outside India (herein its subsidiary on its

referred to as "foreign subsidiary")- website, if any;
st

(a) where such foreign subsidiary is statutorily (2) provide a copy

of separate audited
a

required to prepare consolidated financial

statement under any law of the country of its financial
.c

incorporation, the requirement of this proviso shall statements in

be met if consolidated financial statement of such respect of each of

foreign subsidiary is placed on the website of the its subsidiary, to
w

listed company; any shareholder of

the company who

(b) where such foreign subsidiary is not
asks for it.
required to get its financial statement audited
under any law of the country of its incorporation
and which does not get such financial statement
audited, the holding Indian listed company may
place such unaudited financial statement on its
website and where such financial statement is in a
language other than English, a translated copy of
the financial statement in English shall also be
placed on the website.’;
Enforcement Date: 9 th February, 2018

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78 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

36. In section 136 of the principal Act,- 9.32 -

(The proviso is newly
(ii) in sub-section (2), the following proviso shall inserted)
be inserted, namely:- Add the proviso in
"Provided that every company having a subsidiary point (iv)
or subsidiaries shall provide a copy of separate
audited or unaudited financial statements, as the
case may be, as prepared in respect of each of its
subsidiary to any member of the company who
asks for it."
Enforcement Date: 9 th February, 2018

m
37. In section 137 of the principal Act,— 9.34 For (a)
(i) in sub-section (1),— (i) Filing of financial

o
(a) the words and figures "within the time specified statements [Section

.c
under section 403" shall be omitted; 137(1)]: A copy of the
es
(b) in the second proviso, the words and figures financial ….. fees as
"within the time specified under section 403" shall may be prescribed
within the time
ot
be omitted;
specified under
(c) after the fourth proviso, the following proviso
yn

section 403
shall be inserted,
namely:—
ud

For (b)
'Provided also that in the case of a subsidiary
which has been incorporated outside India (herein (c) If the financial
st

referred to as "foreign subsidiary"), which is not statements are

required to get its financial statement audited adopted …… such
a

under any law of the country of its incorporation additional

and which does not get such financial statement fees as may be
w

audited, the requirements of the fourth proviso prescribed within

shall be met if the holding Indian company files the time specified
w

such unaudited financial statement along with a under section 403.

declaration to this effect and where such financial

statement is in a language other than English, For (c) –
along with a translated copy of the financial (The proviso is newly
statement in English.'. inserted)
Enforcement Date: 7 th May, 2018
37. In section 137 of the principal Act,— 9.35 (v) Annual General
(ii) in sub-section (2), the words and figures meeting not held
“within the time specified, under section 403” shall [Section 137(2)] :
be omitted; Where the annual
general …..

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PAPER – 2: CORPORATE AND OTHER LAWS 79

Enforcement Date: 7 th May, 2018 additional fees as

may be prescribed
within the time
specified, under
section 403.
37. In section 137 of the principal Act,— 9.35 the said words have
(iii) in sub-section (3), for the words and figures been substituted
“in section 403”, the word “therein” shall be (however, the study
substituted. material does not
Enforcement Date: 7 th May, 2018 contain reference of
section 403)
38. In section 139 of the principal Act, in sub- 10.5 The company shall

m
section (1), the first proviso shall be omitted. place the matter

o
Enforcement Date: 7 th May, 2018 relating to such

.c
appointment for
es ratification by
members at every
AGM.
ot
539. In section 140 of the principal Act, in sub- 10.15 (d) If the auditor
yn

section (3), for the words "fifty thousand rupees", does not ……. with
the words "fifty thousand rupees or the fine which shall not
remuneration of the auditor, whichever is less," be less than
ud

shall be substituted. ` 50,000 but which

may extend to ` 5
st

Enforcement Date: 9 th February, 2018 Lacs.

40. In section 141 of the principal Act, in sub- 10.22 (9) any person
.c

section (3), for clause (i), the following clause shall whose subsidiary
w

be substituted, namely:- or associate

‘(i) a person who, directly or indirectly, renders any company or any
w

service referred to in section 144 to the company other form of entity,

or its holding company or its subsidiary company. is engaged as on

Explanation.—For the purposes of this clause, the the date of
term "directly or indirectly" shall have the meaning appointment in
assigned to it in the Explanation to section 144.’. consulting and
specialised
services as
Enforcement Date: 9 th February, 2018

5Sub-section 3 of section 140 has been fully substituted by the Companies (Amendment) Second Ordinance,
2019 (w.r.e.f. 2.11.2018)

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80 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

provided in section
144
41. In section 143 of the principal Act,- 10.23 (c) Access to record
(i) in sub-section (1), in the proviso, for the words of all its subsidiaries:
"its subsidiaries", at both the places, the words "its The auditor of a …….
subsidiaries and associate companies" shall be the records of all its
substituted; subsidiaries in so
far as it relates to the
consolidation of its
Enforcement Date: 9 th February, 2018
financial statements
with that of its
subsidiaries.

m
41. In section 143 of the principal Act,- 10.24 (9) whether the

o
(ii) in sub-section (3), in clause (i), for the words company has
adequate internal

.c
"internal financial controls system", the words
"internal financial controls with reference to
es financial controls
financial statements" shall be substituted; system in place and
Enforcement Date: 9 th February, 2018 the operating
ot
effectiveness of such
controls;
yn

41. In section 143 of the principal Act,- 10.36 The provisions of

(iii) in sub-section (14), in clause (a), for the words section 143 shall
ud

"cost accountant in practice", the words "cost mutatis mutandis

accountant" shall be substituted apply to the cost
st

accountant in
practice conducting
a

Enforcement Date: 9 th February, 2018

cost audit under
.c

section 148.
w

42. In section 147 of the principal Act,- 10.33 -

(i) in sub-section (2),- The words shall be

(a) after the words "five lakh rupees", the words inserted in point (iii)
w

"or four times the remuneration of the auditor, (a)

whichever is less" shall be inserted;
Enforcement Date: 9 th February, 2018
42. In section 147 of the principal Act,- 10.33and
(i) in sub-section (2),-
(b) in the proviso, for the words "and with fine (2) Fine which shall
which shall not be less than one lakh rupees but not be less than ` 1
which may extend to twenty-five lakh rupees", the lac but which may
words "and with fine which shall not be less than extend to ` 25 Lacs
fifty thousand rupees but which may extend to

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PAPER – 2: CORPORATE AND OTHER LAWS 81

twenty-five lakh rupees or eight times the

remuneration of the auditor, whichever is less"
shall be substituted;
Enforcement Date: 9 th February, 2018
42. In section 147 of the principal Act,- 10.33 (2) pay for damages
(ii) in sub-section (3), in clause (ii), for the words to the company,
"or to any other persons", the words "or to statutory bodies or
members or creditors of the company" shall be authorities or to any
substituted; other persons for
Enforcement Date: 9 th February, 2018 loss arising out of
incorrect …. audit
report.

m
42. In section 147 of the principal Act,- 10.33 -

o
(iii) in sub-section (5), the following proviso shall (The proviso is newly

.c
be inserted, namely:- inserted)
"Provided that in case of criminal liability of an
es
audit firm, in respect of liability other than fine, the
concerned partner or partners, who acted in a
ot
fraudulent manner or abetted or, as the case may
be, colluded in any fraud shall only be liable.".
yn

Enforcement Date: 9 th February, 2018

43. In section 148 of the principal Act,- 10.34 (iv) The cost audit
(i) in sub-section (3),- shall be conducted
st

(a) for the words "Cost Accountant in practice", the by a Cost

words "cost accountant" shall be substituted; Accountant in
a

Enforcement Date: 9 th February, 2018 practice who shall

be …… by the
w

members in such
manner as may be
w

prescribed.
w

43. In section 148 of the principal Act,- 10.35 Here, the expression
(i) in sub-section (3),- “cost auditing
(b) in the Explanation, for the words "Institute of standards” mean
Cost and Works Accountants of India", the words such standards as
"Institute of Cost Accountants of India" shall be are issued by the
substituted; Institute of Cost
Enforcement Date: 9 th February, 2018 and Works
Accountants of
India, constituted
under the Cost and

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82 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Works Accountants
Act, 1959, with the
approval of the
Central Government.
43. In section 148 of the principal Act,- 10.35 (x) The report on
(ii) in sub-section (5), in the proviso, for the words the audit of cost
"cost accountant in practice", the words "cost records shall be
accountant" shall be substituted submitted by the
Enforcement Date: 9 th February, 2018 cost accountant in
practice to the Board
of Directors (BoD) of

m
the company.
44. In section 447 of the principal Act,- 3.25 The words are newly

o
(a) after the words "guilty of fraud", the words inserted

.c
"involving an amount of at least ten lakh rupees or
es
one per cent. of the turnover of the company,
whichever is lower" shall be inserted.
ot
Enforcement Date: 9 th February, 2018
yn

44. In section 447 of the principal Act,- 3.26 In earlier law the
(b) after the proviso, the following proviso shall be proviso was not
there. The proviso is
ud

inserted, namely:— "Provided further that where

the fraud involves an amount less than ten lakh newly inserted
rupees or one per cent. of the turnover of the
st

company, whichever is lower, and does not

involve public interest, any person guilty of such

fraud shall be punishable with imprisonment for a

term which may extend to five years or with fine
w

which may extend to 6twenty lakh rupees or with

both.”
Enforcement Date: 9 th February, 2018
w

XI Amendments related to - Amendment in the 9.7 Replace the footnote

notification number G.S.R. 463(E) dated the 5th ‘Section 129 shall not
June, 2015 vide Notification no. S.O. 802(E) dated apply to the
23rd February, 2018 Government
In exercise of the powers conferred by clauses (a) companies to the
and (b) of sub-section (1) and subsection (2) of extent of

6 The amount of “twenty lakh rupees” has been replaced with “fifty lakh rupees” as per the Companies
(Amendment) Second Ordinance, 2019.

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PAPER – 2: CORPORATE AND OTHER LAWS 83

section 462 of the Companies Act, 2013, the application of

Central Government, in the interest of public Accounting
amends the notification of the Government of India Standard 17
in the Ministry of Corporate Affairs number G.S.R. (Segment
463(E) dated the 5th June, 2015 namely:— Reporting) to the
In the said notification, in the Table, for serial companies
number 8 and entries relating thereto, the engaged in defence
following serial number and entries shall be production.
respectively substituted, namely:-
“In Chapter IX, Section 129- Shall not apply to the
companies engaged in defence production to the
extent of application of relevant Accounting

m
Standard on segment reporting”.

o
XII Amendments related to - Notification G.S.R. 2.11 -
284(E) dated 23rd March, 2018

.c
(This Rule may be
Rule 9: Reservation of name es read with respect to
An application for reservation of name shall be point (iv)
made through the web service available at Requirement for
ot
[Link] by using [form RUN](Reserve reservation of the
Unique Name) along with fee as provided in the name of the
yn

Companies (Registration offices and fees) Rules, company)

2014, which may either be approved or rejected,
ud

as the case may be, by the Registrar, Central

Registration Centre after allowing re--submission
st

of such application within fifteen days for

rectification of the defects, if any.
a
.c

XIII Amendments related to - Notification G.S.R. 1.4 & As per the

433(E) dated 7th May, 2018 1.21 Companies
w

The Central Government has amended the (Specification of

Companies (Specification of Definitions Details) Definitions Details)

Rules, 2014, by the Companies (Specification of Rules, 2014, “Total
w

Definitions Details) Amendment Rules, 2018. It Share Capital”,

shall come into force on 7th May, 2018. ……. (b) convertible
In the Companies (Specification of Definitions preference share
Details) Rules, 2014, in rule 2, in sub-rule (1), capital
clause (r) shall be omitted.

Please note: The said clause (r) deals with ‘Total

Share Capital’

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84 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

XIV Amendments related to - Notification G.S.R. 4.12 ‘‘Employee’’ means-

434(E) dated 7th May, 2018 (a) a permanent
The Central Government has amended the employee of the
Companies (Share Capital and Debentures) company who has
Rules, 2014, by the Companies (Share Capital been working
and Debentures) Second Amendment Rules, in India or outside
2018. It shall come into force on 7 th May, 2018. India, for at least
In the Companies (Share Capital and Debentures) last one year; or
Rules, 2014, in the principal rules, in rule 8, in sub-
rule (1), in the Explanation, in clause (i) in sub-
clause (a), the words “for at least last one year”
shall be omitted.

m
XV Amendments related to - Notification G.S.R. 1.- 1. Rule 13 dealt with

o
560(E) dated 13th June, 2018 7.13 Return of Changes in

.c
The Ministry of Corporate Affairs vide G.S.R. 560 2.- Shareholding
(E) dated 13th June, 2018, has amended the es 7.13 Position of Promoters
Companies (Management and Administration) 3.- and Top Ten
Rules, 2014 through the Companies 7.15 Shareholders.
ot
(Management and Administration) Second 4.- 2. MGT- 10
Amendment Rules, 2018. 3. Copy of proposed
yn

7.30
Accordingly, in the Companies (Management and 5.- Special Resolution
Administration) Rules, 2014, field with ROC:
ud

7.37
1. rule 13 shall be omitted …..at least one day
2. the “Form [Link] -10” shall be omitted. before the date of
st

general meeting of
3. in rule 15, the sub-rule(6), shall be omitted
a

the company in
4. in rule 18, in sub-rule (3), Explanation after Form MGT – 14.
.c

clause (ix), shall be omitted

4. In Diagram ignore
w

5. in rule 22, in sub-rule(16) for the proviso, the the words, and
following shall be substituted, namely:-
w

Explanation under
"Provided that any aforesaid items of business Rule 18(3)
w

under this sub-rule, required to be transacted by 5. Provided that

means of postal ballot, may be transacted at a One Person
general meeting by a company which is required Company and other
to provide the facility to members to vote by companies having
electronic means under section 108, in the manner members upto 200
provided in that section: are not required to
Provided further that One Person Companies and transact any
other companies having members upto two business through
hundred are not required to transact any business postal ballot.
through postal ballot"

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PAPER – 2: CORPORATE AND OTHER LAWS 85

XVI Amendments related to - Notification G.S.R. 612 5.11 (k) details of

(E) dated 5th July, 2018 deposit insurance
The Central Government has amended the including extent of
Companies (Acceptance of Deposits) Rules, deposit insurance;
2014, by the Companies (Acceptance of Deposits)
Amendment Rules, 2018. It shall come into force
on 15th August, 2018.
In the Companies (Acceptance of Deposits) Rules,
2014 in rule 14, in sub-rule (1), clause (k) shall be
omitted;
XVII Amendments related to - Notification G.S.R. 2.4 (person who has
708(E) dated 27th July, 2018 stayed in India for a

m
The Central Government has amended the period of not less

o
Companies (Incorporation) Rules, 2014, by the than 182 days

.c
Companies (Incorporation) Third Amendment during the
Rules, 2018. It shall come into force on 27 th July,
es immediately
2018. preceding one
In the Companies (Incorporation) Rules, 2014. calendar year)
ot
(a) in rule 3, for Explanation to sub-rule (1), the
yn

following shall be substituted, namely:-

“Explanation I. - For the purposes of this rule, the
ud

term "resident in India" means a person who has

stayed in India for a period of not less than one
hundred and eighty two days during the
st

immediately preceding financial year.

Explanation II.- For the purposes of this rule, while

counting the number of days of stay of a director

in India for the financial year 2018-2019, any
w

period of stay between 01.01.2018 till the date of

notification of this rule shall also be counted”;

XVIII Amendments related to - Enforcement of the 10.5 According to the

Companies (Audit and Auditors) Amendment Companies (Audit
Rules, 2018 vide Notification G.S.R. 432 (E) dated and Auditors)
7th May 2018 Rules, 2014, …….
by way of passing
The Central Government makes the Companies of an ordinary
(Audit and Auditors) Second Amendment Rules, resolution.
2018 to amend the Companies (Audit and If the appointment
Auditors) Rules, 2014. is not ……..
1. In the Companies (Audit and Auditors) Rules,
2014, in rule 3 which deals with the Manner and

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86 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Procedure of selection and appointment of procedure laid

auditors: down in this behalf
(a) Explanation shall be omitted. under the Act.
(b) proviso to sub-rule (7) shall be omitted.
2. In the principal rules, in rule 10A i.e., related 10.24 As per the rule 10A
to Internal Financial controls system, for the words inserted by the
"adequate internal financial controls system", the Companies (Audit
words "internal financial controls with reference to and Auditors) …..
financial statements" shall be substituted. about existence of
adequate internal
financial controls
system and its

m
operating

o
effectiveness.

.c
3. In the principal rules, in rule 14 which deals with 10.34 (A) the Board shall
the remuneration of the cost auditor, following are
es appoint an individual,
the changes- who is a cost
(a) in clause (a), in sub-clause (i), for the words, accountant in
ot
"who is a cost accountant in practice", the words practice, or a firm of
yn

"who is a cost accountant" shall be substituted;

3. In the principal rules, in rule 14 which deals with 10.34 (2) in the case of
ud

the remuneration of the cost auditor, following are other companies

the changes- which are not
st

(b) in clause (b) for the words "who is a cost required……, shall
accountant in practice", the words "who is a cost appoint an individual
a

accountant" shall be substituted. who is a cost

accountant in
practice or a firm of
w

XIX Amendments related to - Enforcement of the 9.20 -

Companies (Accounts) Amendment Rules, 2018 [Clause (ix) and (x) is

vide Notification G.S.R. 725(E) dated 31st July, newly inserted]

2018
The Central Government makes the Companies
(Accounts) Amendment Rules, 2018 to amend the
Companies (Accounts) Rules, 2014.
1. In the Companies (Accounts) Rules, 2014,
In sub-rule (5) of Rule 8 which deals with the
Matters to be included in Board's report, after
clause (viii) the following clauses shall be inserted,
namely:-

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PAPER – 2: CORPORATE AND OTHER LAWS 87

“(ix) a disclosure, as to whether maintenance of

cost records as specified by the Central
Government under sub-section (1) of section 148
of the Companies Act, 2013, is required by the
Company and accordingly such accounts and
records are made and maintained,
(x) a statement that the company has complied
with provisions relating to the constitution of
Internal Complaints Committee under the Sexual
Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013,”
2. In the Companies (Accounts) Rules, 2014, after 9.20 -

m
sub-rule (5), the following Sub Rule (6), rule shall (Sub- rule 6 is newly
be inserted, namely:-

o
inserted)
“(6) This rule shall not apply to One Person

.c
Company or Small Company”.
XX
es
Amendments related to - Enforcement of the 9.22 (i) Projects or
Companies (Corporate Social Responsibility programs relating to
ot
Policy) Amendment Rules, 2018 vide Notification activities areas or
G.S.R. 865 (E) dated 19th September, 2018 subjects specified in
yn

Schedule VII to the

Act; or
ud

The Central Government makes the Companies

(Corporate Social Responsibility Policy) (ii) Projects or
Amendment Rules, 2018 to amend the Companies programs relating to
st

(Corporate Social Responsibility Policy) Rules, ….. subject to the

2014. condition that

1. In Companies (Corporate Social Responsibility such policy will cover

Policy) Rules, 2014, in rule 2 which deals with the subjects
w

definitions, - enumerated in
w

(a) in sub-rule (1), in sub-clause (i) of clause (c) Schedule VII of the
which defines “Corporate Social Responsibility Act.
w

(CSR)”, after the words “relating to activities”, the

words “, areas or subjects” shall be inserted;
(b) in sub-rule (1), in sub-clause (ii) of clause (c),
for the words “cover subjects enumerated”, the
words “include activities, areas or subjects
specified” shall be substituted;
2. In Companies (Corporate Social Responsibility 9.23 (b) An unlisted
Policy) Rules, 2014, in rule 5 which deals with the public company or
“CSR Committees”, in clause (i) of sub rule (1), for a private company
the words “an unlisted public company or a private which is not required

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88 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

company”, the words “a company” shall be to appoint an

substituted. independent
3. In Companies (Corporate Social Responsibility 9.24 (a) List of CSR
Policy) Rules, 2014, In rule 6 which states of CSR projects or programs
Policy, following are the changes- which a company
(a) in sub-rule (1), in clause (a), for the words plans to undertake
“falling within the purview of” the words “areas or falling within the
subjects specified in” shall be substituted; purview of the
Schedule VII
3. In Companies (Corporate Social Responsibility 9.24 For point (b)-
Policy) Rules, 2014, in rule 6 which states of CSR (d) The Board of

m
Policy, following are the changes- Directors shall ….
(b) in sub-rule (1), in second proviso to clause (b), CSR Policy are

o
for the words, “activities included in Schedule VII” related to the

.c
the words “areas or subjects specified in Schedule activities included
VII” shall be substituted. es in Schedule VII of
the Act.
ot
XXI Amendments related to - Constitution of National 9.14 -
Financial Reporting Authority
yn

The Central Government appointed 1 st October,

2018 (Notification S.O. 5099(E) dated 1 st October,

2018) as the date of constitution Of National
st

Financial Reporting Authority.

Section 132 shall now be read as under:
a
.c

Constitution of National Financial Reporting

Authority, have also been notified.
w

132. *(1) The Central Government may, by

notification, constitute a National Financial

Reporting Authority to provide for matters relating

to accounting and auditing standards under this
Act.
**(2) Notwithstanding anything contained in any
other law for the time being in force, the National
Financial Reporting Authority shall—
(a) make recommendations to the Central
Government on the formulation and laying down of
accounting and auditing policies and standards for
adoption by companies or class of companies or
their auditors, as the case may be;

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PAPER – 2: CORPORATE AND OTHER LAWS 89

(b) monitor and enforce the compliance with

accounting standards and auditing standards in
such manner as may be prescribed;
(c) oversee the quality of service of the
professions associated with ensuring compliance
with such standards, and suggest measures
required for improvement in quality of service and
such other related matters as may be prescribed;
and
(d) perform such other functions relating to
clauses (a), (b) and (c) as may be prescribed.
(3) The National Financial Reporting Authority

m
shall consist of a chairperson, who shall be a
person of eminence and having expertise in

o
accountancy, auditing, finance or law to be

.c
appointed by the Central Government and such
es
other members not exceeding fifteen consisting of
part-time and full-time members as may be
ot
prescribed:
Provided that the terms and conditions and the
yn

manner of appointment of the chairperson and

members shall be such as may be prescribed:
ud

Provided further that the chairperson and

members shall make a declaration to the Central

Government in the prescribed form regarding no
a

conflict of interest or lack of independence in

respect of his or their appointment:

Provided also that the chairperson and members,

who are in full-time employment with National

Financial Reporting Authority shall not be
w

associated with any audit firm (including related

consultancy firms) during the course of their
appointment and two years after ceasing to hold
such appointment.
**(4) Notwithstanding anything contained in any
other law for the time being in force, the National
Financial Reporting Authority shall—
(a) have the power to investigate, either suo moto
or on a reference made to it by the Central
Government, for such class of bodies corporate or

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90 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

persons, in such manner as may be prescribed

into the matters of professional or other
misconduct committed by any member or firm of
chartered accountants, registered under the
Chartered Accountants Act, 1949:
Provided that no other institute or body shall
initiate or continue any proceedings in such
matters of misconduct where the National
Financial Reporting Authority has initiated an
investigation under this section;
(b) have the same powers as are vested in a civil

m
court under the Code of Civil Procedure, 1908,
while trying a suit, in respect of the following

o
matters, namely:—

.c
(i) discovery and production of books of account
es
and other documents, at such place and at such
time as may be specified by the National Financial
ot
Reporting Authority;
yn

(ii) summoning and enforcing the attendance of

persons and examining them on oath;
ud

(iii) inspection of any books, registers and other

documents of any person referred to in clause (b)
at any place;
st

(iv) issuing commissions for examination of

witnesses or documents;
.c

(c) where professional or other misconduct is

proved, have the power to make order for—

(A) imposing penalty of—

(I) not less than one lakh rupees, but which

may extend to five times of the fees received, in
case of individuals; and
(II) not less than five lakh rupees, but which
may extend to ten times of the fees received, in
case of firms;
(B) debarring the member or the firm from
engaging himself or itself from practice as member
of the Institute of Chartered Accountant of India

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PAPER – 2: CORPORATE AND OTHER LAWS 91

referred to in clause (e) of sub-section (1) of

section 2 of the Chartered Accountants Act, 1949
for a minimum period of six months or for such
higher period not exceeding ten years as may be
decided by the National Financial Reporting
Authority.
Explanation.—For the purposes of his sub-
section, the expression "professional or other
misconduct" shall have the same meaning
assigned to it under section 22 of the Chartered
Accountants Act, 1949.

m
**(5) Any person aggrieved by any order of the
National Financial Reporting Authority issued

o
under clause (c) of sub-section (4), may prefer an

.c
appeal before the Appellate Tribunal in such
manner and on payment of such fee as may be
es
prescribed.
ot
**(10) The National Financial Reporting Authority
shall meet at such times and places and shall
yn

observe such rules of procedure in regard to the

transaction of business at its meetings in such
ud

manner as may be prescribed.

(11) The Central Government may appoint a
st

secretary and such other employees as it may

consider necessary for the efficient performance

of functions by the National Financial Reporting

Authority under this Act and the terms and
w

conditions of service of the secretary and

employees shall be such as may be prescribed.

*(12) The head office of the National Financial

Reporting Authority shall be at New Delhi and the
National Financial Reporting Authority may, meet
at such other places in India as it deems fit.
**(13) The National Financial Reporting Authority
shall cause to be maintained such books of
account and other books in relation to its accounts
in such form and in such manner as the Central
Government may, in consultation with the

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92 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Comptroller and Auditor-General of India

prescribe.
**(14) The accounts of the National Financial
Reporting Authority shall be audited by the
Comptroller and Auditor-General of India at such
intervals as may be specified by him and such
accounts as certified by the Comptroller and
Auditor-General of India together with the audit
report thereon shall be forwarded annually to the
Central Government by the National Financial
Reporting Authority.

m
**(15) The National Financial Reporting Authority
shall prepare in such form and at such time for

o
each financial year as may be prescribed its

.c
annual report giving a full account of its activities
during the financial year and forward a copy
es
thereof to the Central Government and the Central
Government shall cause the annual report and the
ot
audit report given by the Comptroller and Auditor -
General of India to be laid before each House of
yn

Parliament.
ud

Please note: (i) Sub Section (3) and (11) have

been notified on 21st March 2018. [Notification
st

No. S.O. 1316(E)]

(ii) Sub Section (6), (7), (8) and (9) have been
.c

omitted [with effect from 9th February, 2018]

(iii) *Sub- section (1) and (12) notified on 1st

October, 2018 [Notification S.O. 5098(E) dated 1st
w

October, 2018]
w

(iv) **Sub- Section (2),(4),(5),(10),(13),(14) and

(15) have been notified on 24th October 2018
[Notification S.O. 5385(E) dated 24th October,
2018]

XXII Amendments related to - COMPANIES 1.9 Provided that on an

(AMENDMENT) SECOND ORDINANCE, 2019 application made by
Following sections of the Companies Act, 2013 a company or body
(hereinafter referred to as the principal Act) have corporate, which is
been amended by the Companies (Amendment) a holding company
Second Ordinance, 2019 dated 21st February, or a subsidiary or

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PAPER – 2: CORPORATE AND OTHER LAWS 93

2019. [It shall be deemed to have come into force associate company
on 2nd November, 2018.] of a company
1. In clause (41) of section 2, incorporated
(a) for the first proviso, the following provisos shall outside India and is
be substituted namely: required to follow a
different financial
“Provided that where a company or body
year for
corporate, which is a holding company or a
consolidation of its
subsidiary or associate company of a company
accounts outside
incorporated outside India and is required to follow
India, the Tribunal
a different financial year for consolidation of its
may, if it is
accounts outside India, the Central Government
satisfied, allow any
may, on an application made by that company or

m
period as its
body corporate in such form and manner as may
financial year,
be prescribed, allow any period as its financial

o
whether or not that
year, whether or not that period is a year:

.c
period is a year:
Provided further that any application pending
before the Tribunal as on the date of
es
commencement of the Companies (Amendment)
ot
Ordinance, 2019, shall be disposed of by the
Tribunal in accordance with the provisions
yn

applicable to it before such commencement.”

(b) for the second proviso, the for the words
ud

“Provided further that”, the words “Provided also

that” shall be substituted.
st

2. After section 10, the following section shall be - The section is newly
a

inserted, namely: inserted

“[Link] of business etc.

(1) A company incorporated after the
w

commencement of the Companies (Amendment)

Ordinance, 2019 and having a share capital shall

not commence any business or exercise any
w

borrowing powers unless—

(a) a declaration is filed by a director within a
period of one hundred and eighty days of the date
of incorporation of the company in such form and
verified in such manner as may be prescribed, with
the Registrar that every subscriber to the
memorandum has paid the value of the shares
agreed to be taken by him on the date of making
of such declaration; and

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94 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(b) The company has filed with the Registrar a

verification of its registered office as provided in
sub-section (2) of section 12.
(2) If any default is made in complying with the
requirements of this section, the company shall be
liable to a penalty of fifty thousand rupees and
every officer who is in default shall be liable to a
penalty of one thousand rupees for each day
during which such default continues but not
exceeding an amount of one lakh rupees.
(3) Where no declaration has been filed with the
Registrar under clause (a) of sub-section (1) within

m
a period of one hundred and eighty days of the
date of incorporation of the company and the

o
Registrar has reasonable cause to believe that the

.c
company is not carrying on any business or
operations, he may, without prejudice to the
es
provisions of sub-section (2), initiate action for the
removal of the name of the company from the
ot
register of companies under Chapter XVIII.”
yn

3. In section 12, after sub- section (8), the 2.24 The sub- section is
following sub- section shall be inserted, namely: newly inserted
ud

“(9) If the Registrar has reasonable cause to

believe that the company is not carrying on any
st

business or operations, he may cause a physical

verification of the registered office of the company
a

in such manner as may be prescribed and if any

default is found to be made in complying with the

requirements of sub-section (1), he may without
w

prejudice to the provisions of sub-section (8),

initiate action for the removal of the name of the

company from the register of companies under

Chapter XVIII.”
4. In section 14, 2.31 However, any such
(i) in Sub- section (1), for the second proviso, the alteration having
following provisos shall be substituted namely: the effect of
“Provided further that any alteration having the conversion of a
effect of conversion of a public company into a public company
private company shall not be valid unless it is into a private
approved by an order of the Central Government company shall not
on an application made in such form and manner take effect except
as may be prescribed: with the approval of

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PAPER – 2: CORPORATE AND OTHER LAWS 95

Provided also that any application pending before the Tribunal which
the Tribunal, as on the date of commencement of shall make such
the Companies (Amendment) Ordinance, 2019, order as it may
shall be disposed of by the Tribunal in accordance deem fit.
with the provisions applicable to it before such
commencement.”
4. In section 14, 2.31 Every alteration of
(ii) in sub- section (2), for the word “Tribunal”, the the articles and a
words “Central Government” shall be substituted. copy of the order of
the Tribunal
approving the
alteration, shall be

m
filed with the
Registrar, together

o
with a printed copy of

.c
the altered articles,
es within a period of
fifteen days in such
manner as may be
ot
prescribed, who shall
yn

register the same.

5. In section 53, for sub – section (3), the 4.10 Where a company
ud

following sub- section shall be substituted, contravenes the

namely: provisions of this
st

“(3) Where any company fails to comply with the section, the
provisions of this section, such company and company shall be
a

every officer who is in default shall be liable to a punishable with

penalty which may extend to an amount equal to fine which shall not
the amount raised through the issue of shares at be less than one
w

a discount or five lakh rupees, whichever is less, lakh rupees but

and the company shall also be liable to refund all which may extend
to five lakh rupees
w

monies received with interest at the rate of twelve

per cent. per annum from the date of issue of such and every officer
shares to the persons to whom such shares have who is in default
been issued.” shall be punishable
with imprisonment
for a term which
may extend to six
months or with fine
which shall not be
less than one lakh
rupees but which
may extend to five

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96 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

lakh rupees, or with

both.
6. In section 64, for sub- section (2), the following 4.24 If a company and
sub- section shall be substituted, namely: any officer of the
“(2) Where any company fails to comply with the company who is in
provisions of sub-section (1), such company and default contravenes
every officer who is in default shall be liable to a the provisions of
penalty of one thousand rupees for each day sub-section (1), it or
during which such default continues, or five lakh he shall be
rupees whichever is less.” punishable with
fine which may
extend to one

m
thousand rupees
for each day during

o
which such default

.c
continues, or five
es lakh rupees,
whichever is less.
ot
7. In section 77, in sub- section (1), for the first 6.3 The Registrar may,
and second provisos, the following provisos shall on an application by
yn

be substituted, namely: the company, allow

“Provided that the Registrar may, on an such registration to
ud

application by the company, allow such be made within a

registration to be made- period of three
st

(a) in case of charges created before the hundred days of

commencement of the Companies (Amendment) such creation on
a

Ordinance, 2019, within a period of three hundred payment of such

days of such creation; or additional fees as

may be prescribed:
w

(b) in case of charges created on or after the

commencement of the Companies (Amendment) Provided further
w

Ordinance, 2019, within a period of sixty days of that if registration

such creation, on payment of such additional fees is not made within a

as may be prescribed: period of three
hundred days of
Provided further that if the registration is not made
such creation, the
within the period specified-
company shall seek
(a) in clause (a) to the first proviso, the extension of time in
registration of the charge shall be made within six accordance with
months from the date of commencement of the section 87:
Companies (Amendment) Ordinance, 2019, on
payment of such additional fees as may be
prescribed and different fees may be prescribed
for different classes of companies;

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PAPER – 2: CORPORATE AND OTHER LAWS 97

(b) in clause (b) to the first proviso, the Registrar

may, on an application, allow such registration to
be made within a further period of sixty days after
payment of such advalorem fees as may be
prescribed.”
8. Section 86 of the Companies Act, 2013, shall 6.10 The sub- section is
be numbered as sub- section (1) thereof and after newly inserted
sub- section (1) as so numbered, the following
sub- section shall be inserted, namely:
“(2) If any person wilfully furnishes any false or
incorrect information or knowingly suppresses any
material information, required to be registered in

m
accordance with the provisions of section 77, he
shall be liable for action under section 447.”

o
.c
9. For section 87, the following sections shall be 6.10 (1) The Central
substituted, namely: es Government on
“87. The Central Government on being satisfied being satisfied
that — that—
ot
(a) the omission to give intimation to the ……… before the
Registrar of the payment or satisfaction of a charge is actually
yn

charge, within the time required under this registered.

Chapter; or
ud

(b) the omission or misstatement of any

particulars, in any filing previously made to the
st

Registrar with respect to any such charge or

modification thereof or with respect to any

memorandum of satisfaction or other entry made

in pursuance of section 82 or section 83,
w

was accidental or due to inadvertence or some

other sufficient cause or it is not of a nature to

prejudice the position of creditors or shareholders
w

of the company, it may, on the application of the

company or any person interested and on such
terms and conditions as it deems just and
expedient, direct that the time for the giving of
intimation of payment or satisfaction shall be
extended or, as the case may require, that the
omission or misstatement shall be rectified.”

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98 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

10. In section 90, - 7The company or

(i) for sub- section (9), the following sub- section the person
shall be substituted, namely: aggrieved by the
“(9) The company or the person aggrieved by the order of the
order of the Tribunal may make an application to Tribunal may make
the Tribunal for relaxation or lifting of the an application to
restrictions placed under sub-section (8), within a the Tribunal for
period of one year from the date of such order: relaxation or lifting
of the restrictions
Provided that if no such application has been filed
placed under sub-
within a period of one year from the date of the
order under sub-section (8), such shares shall be section (8).
transferred, without any restrictions, to the

m
authority constituted under sub-section (5) of

o
section 125, in such manner as may be
prescribed.”

.c
10. In section 90, es - -8
(ii) in sub- section (10),- (The words are newly
(a) after the word “punishable”, the words “with inserted)
ot
imprisonment for a term which may extend to one
yn

year or” shall be inserted;

(b) after the words “ten lakh rupees”, the words “or
ud

with both” shall be inserted.

11. In section 92, for sub- section (5), the 7.12 Section 92(5) of the
st

following sub- section shall be substituted, Act specifies that if

namely: the company
a

“(5) If any company fails to file its annual return defaults in filing the
.c

under sub-section (4), before the expiry of the annual return within
the time as
w

period specified therein, such company and its

every officer who is in default shall be liable to a specified in this
w

penalty of fifty thousand rupees and in case of section, the

continuing failure, with further penalty of one company shall be

hundred rupees for each day during which such punishable with
failure continues, subject to a maximum of five fine which shall not
lakh rupees.” be less than
` 50,000 but which

7Section 90 (Investigation of Beneficial Ownership of Shares in Certain cases) has been replaced with section
90 (Register of Significant Beneficial Owners in a Company) via Companies (Amendment) Act, 2017 [w.e.f.
13th June, 2018].
8 Same as footnote 7

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PAPER – 2: CORPORATE AND OTHER LAWS 99

may extend to
` 5,00,000 or
imprisonment up to
6 months or with
both.
12. In section 102, for sub- section (5), the 7.22 If any default is
following sub- section shall be substituted, made in complying
namely: with the provisions
“(5) Without prejudice to the provisions of sub- of this section, then
section (4), if any default is made in complying every promoter,
with the provisions of this section, every promoter, director, manager,
director, manager or other key managerial or other key

m
personnel of the company who is in default shall managerial
be liable to a penalty of fifty thousand rupees or personnel who is in

o
five times the amount of benefit accruing to the default shall be

.c
promoter, director, manager or other key punishable with
es
managerial personnel or any of his relatives, fine which may
whichever is higher.” extend to ` 50,000
ot
or 5 times the
amount of benefit
yn

accruing to the
promoter, director,
ud

manager or other
key managerial
st

personnel or any of
his relatives,
a

whichever is more.
.c

13. In section 105, in sub- section (3), for the 7.25 Failure to state in
w

words “punishable with fine which may extend to notice of meeting that
five thousand rupees”, the words “liable to a a member is entitled
w

penalty of five thousand rupees” shall be to appoint proxy who

substituted. need not be a

member every officer
of the company who
is in default shall be
punishable with
fine which may
extend to ` 5,000.
14. In section 117, for sub- section (2), the 7.46 Section 117(2) sets
following sub- section shall be substituted, out the penalty in
namely: case of failure to
intimate RoC about

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100 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

“(2) If any company fails to file the resolution or the resolutions and
the agreement under sub-section (1) before the agreements that are
expiry of the period specified therein, such required to be filed
company shall be liable to a penalty of one lakh within the specified
rupees and in case of continuing failure, with time under section
further penalty of five hundred rupees for each day 403 and states that
after the first during which such failure continues, the company shall
subject to a maximum of twenty-five lakh rupees be punishable with
and every officer of the company who is in default fine which shall not
including liquidator of the company, if any, shall be be less than
liable to a penalty of fifty thousand rupees and in ` 5,00,000 but
case of continuing failure, with further penalty of which may extend

m
five hundred rupees for each day after the first to ` 25,00,000 and
during which such failure continues, subject to a every officer of the

o
maximum of five lakh rupees.” company who is in

.c
default, including
es the liquidator, if
any, shall be
punishable with
ot
fine which shall not
be less than
yn

` 1,00,000 but
which may extend
ud

to ` 5,00,000.
15. In section 121, for sub- section (3), the 7.52 if it fails to file such
st

following sub- section shall be substituted, report then

namely: company shall be

“(3) If the company fails to file the report under punishable with
sub-section (2) before the expiry of the period fine which shall not
w

specified therein, such company shall be liable to be less than

a penalty of one lakh rupees and in case of `1,00,000 but which

continuing failure, with further penalty of five may extend to
w

hundred rupees for each day after the first during `5,00,000 and every
which such failure continues, subject to a officer of the
maximum of five lakh rupees and every officer of company, who is in
the company who is in default shall be liable to a default, shall be
penalty which shall not be less than twenty-five punishable with
thousand rupees and in case of continuing failure, fine which shall not
with further penalty of five hundred rupees for be less than
each day after the first during which such failure `25,000 but which
continues, subject to a maximum of one lakh may extend to
rupees.” `1,00,000.

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PAPER – 2: CORPORATE AND OTHER LAWS 101

16. In section 137, in sub- section (3), 9.35 The company shall
(a) for the words “punishable with fine”, the words be punishable with
“liable to a penalty” shall be substitute; fine of `1,000 for
every day during
which the failure
continues
16. In section 137, in sub- section (3), 9.35 any such director, all
(b) for the portion beginning with “punishable with the directors of the
imprisonment”, and ending with “five lakh rupees company, shall be
or with both”, the words “shall be liable to a penalty punishable with:
of one lakh rupees and in case of continuing (1) Imprisonment
failure, with a further penalty of one hundred for a term which

m
rupees for each day after the first during which may extend to 6

o
such failure continues, subject to a maximum of months or
five lakh rupees” shall be substituted.

.c
(2) Fine which shall
es not be less than ` 1
lac but which may
extend to `5 Lacs,
ot
or
(3) Both with
yn

imprisonment and
fine.
ud

17. In section 140, for the sub- section (3), the 10.15 If the auditor does
following sub- section shall be substitute, namely: not comply with
st

9“(3) If the auditor does not comply with the aforesaid provision,
a

provisions of sub-section (2), he or it shall be liable he or it shall be

to a penalty of fifty thousand rupees or an amount punishable with

equal to the remuneration of the auditor, fine which shall not
w

whichever is less, and in case of continuing failure, be less than

with further penalty of five hundred rupees for ` 50,000 but which
each day after the first during which such failure may extend to ` 5
w

continues, subject to a maximum of five lakh Lacs.

rupees.”
18. In section 447, in the second proviso, for the 3.26 The amount of
words “twenty lakh rupees”, the words “fifty lakh “twenty lakh rupees”
rupees” shall be substituted. has been replaced
with “fifty lakh
rupees” as per the

9Sub-section 3 of section 140 has been fully substituted by the Companies (Amendment) Ordinance, 2019
w.r.e.f. 2.11.2018.

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102 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Companies
(Amendment)
Second Ordinance,
2019
XXIII Amendments related to - Notification G.S.R. 2.41 -
1219(E) dated 18th December, 2018 The Rule is newly
The Central Government has amended the inserted
Companies (Incorporation) Rules, 2014, by the
Companies (Incorporation) Fourth Amendment
Rules, 2018. It shall come into force on 18 th
December, 2018.
In the Companies (Incorporation) Rules, 2014

m
(hereinafter referred to as the said rules), after rule

o
23, the following rule shall be inserted, namely:-

.c
“23A. Declaration at the time of commencement of
business.-The declaration under section 10A by a
es
director shall be in Form [Link]-20A and shall be
filed as provided in the Companies (Registration
ot
Offices and Fees) Rules, 2014 and the contents of
the said form shall be verified by a Company
yn

Secretary or a Chartered Accountant or a Cost

Accountant, in practice:
ud

Provided that in the case of a company pursuing

objects requiring registration or approval from any
st

sectoral regulators such as the Reserve Bank of

India, Securities and Exchange Board of India,
a

etc., the registration or approval, as the case may

be from such regulator shall also be obtained and

attached with the declaration.”.

XXIV Amendments related to - Notification G.S.R. 1.5.4

42(E) dated 22nd January, 2019 2.
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The Central Government has amended the 5.11

Companies (Acceptance of Deposits) Rules, 3.
2014, by the Companies (Acceptance of Deposits) 5.11
Amendment Rules, 2019. It shall come into force
on 22nd January, 2019.
In the Companies (Acceptance of Deposits) Rules,
2014 (hereinafter referred to as the said rules):
1. In rule 2, in sub-rule (1), in clause (c), in sub-
clause(xviii), after the words “Infrastructure

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PAPER – 2: CORPORATE AND OTHER LAWS 103

Investment Trusts,” the words “Real Estate

Investment Trusts” shall be inserted.
2. In the said rules, in rule 16, the following
Explanation shall be inserted, namely:-
“Explanation.- It is hereby clarified that Form DPT -
3 shall be used for filing return of deposit or
particulars of transaction not considered as
deposit or both by every company other than
Government company.”.
3. In rule 16(A), after sub-rule (2), the following
sub-rule shall be inserted, namely:-
“(3) Every company other than Government

m
company shall file a onetime return of outstanding

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receipt of money or loan by a company but not

.c
considered as deposits, in terms of clause (c) of
sub-rule 1 of rule 2 from the 01st April, 2014 to
es
*[the date of publication of this notification in the
Official Gazette], as specified in Form DPT -3
ot
within **[ninety days from the date of said
publication of this notification] along with fee as
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provided in the Companies (Registration Offices

and Fees) Rules, 2014.”.
ud

XXV Amendments related to - Notification G.S.R. 5.11 Read in reference to

341(E) dated 30th April, 2019 XXIV above
st

The Central Government has amended the

Companies (Acceptance of Deposits) Rules,

2014, by the Companies (Acceptance of Deposits)

Second Amendment Rules, 2019. It shall come
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into force on 22nd January, 2019.

In the Companies (Acceptance of Deposits) Rules,

2014, in rule 16A, in sub-rule (3), -

*(a) for the words “the date of publication of this
notification in the Official Gazette”, the figures,
letters and word “31st March, 2019” shall be
substituted;
**(b) for the words “ninety days from the date of
said publication of this notification”, the words,
figures and letters “ninety days from 31st March,
2019” shall be substituted.

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104 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

XXVI Amendments related to - Notification dated 30 th 6.3 (a) The Registrar

April, 2019 may, on being
The Central Government has amended the satisfied ......... .. .
Companies (Registration of Charges) Rules, Intervening
2014, by the Companies (Registration of Charges) creditors of the
Amendment Rules, 2019. company.
In the Companies (Registration of Charges) Rules,
2014:
1. In Rule 4, the following rules shall be
substituted, namely:

m
“4. Application to Registrar
(1) For the purposes of the first proviso and clause

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(b) of the second proviso to sub-section (1) of

.c
section 77, the Registrar may, on being satisfied
that the company had sufficient cause for not filing
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the particulars and instrument of charge, if any,
within a period of thirty days of the date of creation
ot
of the charge including modification thereto, allow
the registration of the same after thirty days but
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within the period as specified in the said provisos ,

on payment of fee, additional fee
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or advalorem fee, as may be applicable, as

prescribed in the Companies (Registration Offices
st

and Fees) Rules, 2014.

(2) The application under sub-rule (1) shall be

made in Form No. CHG-l and Form [Link]-
.c

9 supported by a declaration from the company

signed by its company secretary or a director that

such belated filing shall not adversely affect the
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rights of any other intervening creditors of the

company.”
In the Companies (Registration of Charges) Rules, 6.11 II. Condonation of
2014: delay and
2. For Rule 12, the following rule shall be rectification of
substituted, namely: register of charges.
“12. Rectification in register of charges on According to Rule
account of omission or misstatement of 12 ……… in the said
particulars in charge previously recorded and order.
extension of time in filing of satisfaction of
charge.-

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PAPER – 2: CORPORATE AND OTHER LAWS 105

The Central Government may on an application

filed in Form No. CHG-8 in accordance with
section 87-
(a) direct rectification of the omission or
misstatement of any particulars, in any filing,
previously recorded with the Registrar with
respect to any charge or modification thereof, or
with respect to any memorandum of satisfaction or
other entry made in pursuance of section 82 or
section 83,
(b) direct extension of time for satisfaction of
charge, if such filing is not made within a period of

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three hundred days from the date of such payment
or satisfaction."

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The Negotiable Instruments Act, 1881

.c
I. Amendments related to – THE NEGOTIABLE es
INSTRUMENTS (AMENDMENT) ACT, 2018
The Ministry of Law and Justice has made
ot
amendments to the Negotiable Instruments Act,
1881 through the Negotiable Instruments
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(Amendment) Act, 2018. This Amendment Act

received the assent of the President and published
ud

in the Official Gazette on 2 nd August, 2018.

In the Negotiable Instruments Act, 1881 -
st

(hereinafter referred to as the principal Act), after (The section is newly

section 143, the following section shall be inserted)

inserted, namely:—
‘‘143A. Power to direct interim compensation.
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(1) Notwithstanding anything contained in the

Code of Criminal Procedure, 1973, the Court

trying an offence under section 138 may order the

drawer of the cheque to pay interim compensation
to the complainant—
(a) in a summary trial or a summons case, where
he pleads not guilty to the accusation made in the
complaint; and
(b) in any other case, upon framing of charge.
(2) The interim compensation under sub-section
(1) shall not exceed twenty per cent. of the amount
of the cheque.

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106 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(3) The interim compensation shall be paid within

sixty days from the date of the order under sub-
section (1), or within such further period not
exceeding thirty days as may be directed by the
Court on sufficient cause being shown by the
drawer of the cheque.
(4) If the drawer of the cheque is acquitted, the
Court shall direct the complainant to repay to the
drawer the amount of interim compensation, with
interest at the bank rate as published by the
Reserve Bank of India, prevalent at the beginning
of the relevant financial year, within sixty days

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from the date of the order, or within such further
period not exceeding thirty days as may be

o
directed by the Court on sufficient cause being

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shown by the complainant.
es
(5) The interim compensation payable under this
section may be recovered as if it were a fine under
section 421 of the Code of Criminal Procedure,
ot
1973.
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(6) The amount of fine imposed under section 138

or the amount of compensation awarded under
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section 357 of the Code of Criminal Procedure,

1973, shall be reduced by the amount paid or
st

recovered as interim compensation under this

section.’’.
a

(2) In the principal Act, after section 147, the -

following section shall be inserted, (The section is newly

namely:— inserted)
‘‘148. Power of Appellate Court to order
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payment pending appeal against conviction.

(1) Notwithstanding anything contained in the

Code of Criminal Procedure, 1973, in an appeal by
the drawer against conviction under section 138,
the Appellate Court may order the appellant to
deposit such sum which shall be a minimum of
twenty per cent. of the fine or compensation
awarded by the trial Court:
Provided that the amount payable under this sub-
section shall be in addition to any interim
compensation paid by the appellant under section
143A.

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PAPER – 2: CORPORATE AND OTHER LAWS 107

(2) The amount referred to in sub-section (1) shall

be deposited within sixty days from the date of the
order, or within such further period not exceeding
thirty days as may be directed by the Court on
sufficient cause being shown by the appellant.
(3) The Appellate Court may direct the release of
the amount deposited by the appellant to the
complainant at any time during the pendency of
the appeal:
Provided that if the appellant is acquitted, the
Court shall direct the complainant to repay to the
appellant the amount so released, with interest at

m
the bank rate as published by the Reserve Bank
of India, prevalent at the beginning of the relevant

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financial year, within sixty days from the date of

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the order, or within such further period not
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exceeding thirty days as may be directed by the
Court on sufficient cause being shown by the
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complainant.’’
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# Page number of the Study material (SM) with reference of relevant provisions
Please note: The Ministry of Corporate Affairs has replaced Rule 14 of the Companies
ud

(Prospectus and Allotment of Securities) Rule, 2014 through Companies (Prospectus and
Allotment of Securities) Second Rule, 2018. Hence, students are advised not to read the content
st

related to Rule 14(2) of the Companies (Prospectus and Allotment of Securities) Rule, 2014 as
contained on pages 3.31 and Page 3.32 of Study Material. [For November 2019 examinations
a

the said amended rule has not been made applicable for the students.]
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PART – II : QUESTIONS AND ANSWERS

QUESTIONS
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DIVISION A - MULTIPLE CHOICE QUESTIONS

1. Eztech Machines Limited owns a plot of land which was mortgaged to Urbane Commercial
Bank Limited for raising term loan of ` 2.00 crore. The mortgage was duly registered with
the Central Registry. First loan installment of ` 50.00 lacs was released immediately after
sanction of term loan with the condition that subsequent three installments of `50.00 lacs
shall be released as soon as the earlier released installment is utilized satisfactorily. Is it
necessary either for the company or the bank to register the charge on plot with the

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108 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

concerned Registrar of Companies (ROC) when the mortgage is registered with the Central
Registry?
(a) It is not necessary either for the bank or the company to register the charge on plot
of land with the concerned Registrar of Companies (ROC) when the mortgage is
registered with the Central Registry.
(b) It is necessary to get the charge on plot on land registered with the concerned
Registrar of Companies (ROC) irrespective of the fact that mortgage is registered
with the Central Registry.
(c) The charge on plot needs to be registered with the concerned Registrar of Companies
(ROC) only when the actual liability of the company with the Bank exceeds ` 1.00
crore.

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(d) The charge on plot needs to be registered with the concerned Registrar of Companies

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(ROC) only when the term loan sanctioned by the bank to the company exceeds `

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2.00 crores.
2. es
With a view to augment its production, Surya Techno-Products Limited availed a loan of `
50.00 lacs from Shrilaxmi First Bank Limited for purchase of a new machinery by offering
its factory worth ` 2.25 crores as security. However, the company did not initiate any steps
ot
to get the charge on factory registered in favour of lending banker within the specified time.
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As soon as the charge-holder bank came to know about the non-registration of charge with
the ROC, it applied to the Registrar for registration of charge along with the instrument
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creating the charge and paid the requisite fees when demanded. Advise the bank whether
it can recover the fees so paid for registration of charge from Surya Techno-Products.
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(a) Yes, the bank can recover the fees paid by it for registration of charge.
a

(b) No, the bank cannot recover the fees paid by it for registration of charge because the
.c

bank is equally responsible for getting the charge registered.

(c) Only when it obtains recovery orders from Regional Director (RD), the bank can
recover the fees paid by it for registration of charge from the company.
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(d) Only when it obtains recovery orders from National Company Law Tribunal (NCLT),
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the bank can recover the fees paid by it for registration of charge from the company.
3. A charge was created by Cygnus Softwares Limited on its office premises to secure a term
loan of ` 1.00 crore availed from Next_Gen Commercial Bank Limited through an
instrument of charge executed by both the parties on 16 th February, 2019. Inadvertently,
the company could not get the charge registered with the concerned Registrar of
Companies (ROC) within the first statutory period permitted by law and the default was
made known to it by the lending banker with a stern warning to take immediate steps for
rectification. Advise the company regarding the latest date within which it must register the
charge with the ROC so that it is not required to pay a specific type of fees for charge
registration.

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PAPER – 2: CORPORATE AND OTHER LAWS 109

(a) With a view to avoid paying a specific type of fees for charge registration, the
company must get the charge registered latest by 27 th April, 2019.
(b) With a view to avoid paying a specific type of fees for charge registration, the
company must get the charge registered latest by 17 th April, 2019.
(c) With a view to avoid paying a specific type of fees for charge registration, the
company must get the charge registered latest by 2 nd May, 2019.
(d) The company cannot now get the charge register as the time prescribed by Law has
expired.
4. Cyplish Games and Toys Limited was sanctioned a term loan of ` 60.00 lacs by Zawnn
Industrial Bank Limited on 21 st November, 2018. As a security, the company offered its
office premises situated at Bandra, Mumbai and an instrument of charge was executed.

m
However, the company failed to get the charge registered with the concerned Registrar

o
within the first as well as second statutory period available as per law. This was adversely

.c
commented by the internal auditors of the bank and therefore, after a strict advisory
received from Shahji, the senior manager of the bank, the company was prompted to take
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steps for registration of charge. Name the specific type of fees which the company is now
required to pay for registration of charge.
ot
(a) Special Fees.
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(b) Ad-valorem Fees.

(c) A Late Registration Fees.

(d) Ad-valorem Duty.
st

5. Sumitra Healthcare and Hospitality Limited had issued 9% non-convertible debentures

which matured four years back. However, 1000 such debentures of ` 100 each are still
remaining unclaimed and unpaid even after the maturity. State the period after which the
.c

company needs to transfer them to Investor Education and Protection Fund (IEPF) if they
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remain unclaimed and unpaid.

(a) After the expiry of five years from the maturity date.
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(b) After the expiry of six years from the maturity date
(c) After the expiry of seven years from the maturity date
(d) After the expiry of eight years from the maturity date.
6. Delight Sports Garments Limited is contemplating to raise funds through issue of
prospectus in which, according to the directors, a sum of ` 50 crores should be stated as
the minimum amount that needs to be subscribed by the prospective subscribers. The
funds shall be raised in four instalments consisting of application, allotment, first call and
second & final call. Advise the company by which instalment it should receive the minimum
subscription stated in the prospectus.

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110 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(a) Along with amount subscribed as application money.

(b) Along with amount subscribed as final call money.
(c) Along with amount subscribed as first call money.
(d) Along with amount subscribed as second and final call money.
7. All the 40 members of Taxila Traders Limited have valid voting rights. Due to some
urgency, its directors are desirous of convening Annual General Meeting (AGM) at a
shorter notice than statutorily required. Is it possible for them to do so?
(a) Taxila Traders Limited cannot convene AGM at shorter notice than statutorily
required.
(b) Taxila Traders Limited can convene AGM at shorter notice than statutorily required,

m
if consent in writing or by electronic mode is accorded by all the forty members who

o
are entitled to vote at the AGM.

.c
(c) Taxila Traders Limited can convene AGM at shorter notice than statutorily required if
consent in writing or by electronic mode is accorded by at least 38 members who are
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entitled to vote at the AGM.
ot
(d) Taxila Traders Limited can convene AGM at shorter notice than statutorily required if
consent in writing or by electronic mode is accorded by at least 36 members who
yn

are entitled to vote at the AGM.

8. A draws a bill on B for ` 500 payable to the order of A. B accepts the bill, but subsequently
ud

dishonours it by non-payment. A sues B on the bill. B proves that it was accepted for value
as to ` 400, and as an accommodation to the plaintiff as to the residue. Thus, as per the
st

provisions of the Negotiable Instruments Act, 1881, A can only recover the following
a

amount:
.c

(a) ` 900
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(b) ` 500
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(d) ` 100
DIVISION B - DETAILED QUESTIONS
COMPANY LAW
The Companies Act, 2013
1. S Ltd. is a company in which H Ltd. is holding 60% of its paid up share capital. One of the
shareholder of H Ltd. made a charitable trust and donated his 10% shares in H Ltd. and
`50 crores to the trust. He appoints S Ltd. as the trustee. All the assets of the trust are
held in the name of S Ltd. Can a subsidiary hold shares in its holding company in this way?

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PAPER – 2: CORPORATE AND OTHER LAWS 111

2. Vintage security equipments limited is a manufacturer of CCTV cameras. It has raised `

100 crores through public issue of its equity shares for starting one more unit of CCTV
camera manufacturing. It has utilized 10 crores rupees and then it realized that its existing
business has no potential for expansion because government has reduced customs duty
on import of CCTV camera hence imported cameras from china are cheaper than its own
manufacturing. Now it wants to utilize remaining amount in mobile app development
business by adding a new object in its memorandum of association.
Does the Companies Act, 2013 allow such change of object. If not then what advise will
you give to company. If yes, then give steps to be followed.
3. What are the powers of Registrar to make entries of satisfaction and release of charges in
the absence of any intimation from the company. Discuss this matter in the light of

m
provisions of the Companies Act, 2013.
4. Neemrana Infotech Ltd. was incorporated on 1.4.2017. No General Meeting of the

o
company has been held so far. Explain the provisions of the Companies Act, 2013

.c
regarding the time limit for holding the first annual general meeting of the Company and
es
the power of the Registrar to grant extension of time for the First Annual General Meeting.
5. Mr. Pink held 100 partly paid up shares of Red Limited. The company asked him to pay
ot
the final call money on the shares. Due to some unavoidable circumstances he was unable
to pay the amount of call money to the company. At a general meeting of the shareholders,
yn

the chairman disallowed him to cast his vote on the ground that the articles do not permit
a shareholder to vote if he has not paid the calls on the shares held by him. Mr. Pink
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contested the decision of the Chairman. Referring to the provisions of the Companies Act,
2013 decide whether the contention of Mr. Pink is valid.
st

6. Red Limited was incorporated on 1st April, 2014 is facing severe effects of depression of
a

the economy. Owing to its bad financial status most of the members have started
.c

withdrawing their holding from the company. The company had 250 members on 10th
January, 2019. By 15th January, 2019, 244 members had withdrawn their holding. No new
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member has invested in the company after 15th February till date. Now, Mr. A, an existing
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member has approached you to advise him regarding his liabilities in such a situation.
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7. Rijwan Limited, a listed company, is in the business of garment manufacturing and has its
registered office at 123, N Tower, Commercial Beta Complex, Biwadi, Rajasthan. The
company has called its 6 th Annual General Meeting at 3 PM on 22 nd August, 2019 at Ansal
Plaza, Bhiwadi. Some of the members of the company have opposed to calling of the
meeting at Ansal Plaza. The company has approached you to advise them in this regard.
Suppose, Rijwan Limited is an unlisted company and wants to call their 6 th AGM at Jaipur,
will your answer differ.
8. Yellow limited has prepared its financial statements for the year 2018-19. Mr. Prateek, the
Managing director the company is declining to sign these financial statements on the
grounds that it is only the duty of the Board of the directors to sign the financial statements

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112 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

as approved by the Board and he is not liable to sign the same. Now, Mr. Prateek has
approached you advise him regarding his responsbilty for signing the financial statement.
Advise Mr. Prateek regarding his responsibility for signing the financial statements as per
the provisions of the Companies Act, 2013.
Mr. Prateek has also provided to you the following more informations:
1. The Board as a policy does not authorise the chairperson of the company to sign the
financial statements
2. The company has appointed Ms. Sunanina as its Company Secretary
OTHER LAWS
The Indian Contract Act, 1872

m
9. Mr. Chintu was appointed as Site Manager of ABC Constructions Company on a two years

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contract at a monthly salary of ` 50,000. Mr. Ganesh gave a surety in respect of Mr. Chintu's

.c
conduct. After six months the company was not in position to pay ` 50,000 to Mr. Chintu
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because of financial constraints. Chintu agreed for a lower salary of ` 30,000 from the
company. This was not communicated to Mr. Ganesh. Three months afterwards it was
ot
discovered that Chintu had been doing fraud since the time of his appointment. What is
the liability of Mr. Ganesh during the whole duration of Chintu's Appointment.
yn

The Negotiable Instruments Act, 1881

10. Mr. Madhavan drew a cheque payable to Mr. Vikas or order. Mr. Vikas lost the cheque and
was not aware of the loss of the cheque. The person who found the cheque forged the
st

signature of Mr. Vyas and endorsed it to Mr. Pawan as the consideration for goods bought
a

by him from Mr. Pawan. Mr. Pawan encashed the cheque, on the very same day from the
.c

drawee bank. Mr. Vikas intimated the drawee bank about the theft of the cheque after three
days. Examine the liability of the drawee bank.
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Give your answer in reference to the Provisions of Negotiable Instruments Act, 1881.
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The General Clauses Act, 1897

11. Vyas owned a land with fifty tamarind trees. He sold his land and the timber (obtained after
cutting the fifty trees) to Yash. Vyas wants to know whether the sale of timber tantamounts
to sale of immovable property. Advise him with reference to provisions of "General Clauses
Act, 1897”.
Interpretation of Statutes
12. Explain whether Foreign Decisions be used for construing Indian Acts.

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PAPER – 2: CORPORATE AND OTHER LAWS 113

DIVISION A - ANSWER TO MULTIPLE CHOICE QUESTIONS

Question No. 1 2 3 4 5 6 7 8
Correct Option (b) (a) (b) (b) (c) (a) (c) (c)
DIVISION B - ANSWER TO DETAILES QUESTIONS
1. According to section 19 of the Companies Act, 2013 a company shall not hold any shares
in its holding company either by itself or through its nominees. Also, holding company
shall not allot or transfer its shares to any of its subsidiary companies and any such
allotment or transfer of shares of a company to its subsidiary company shall be void.

m
Following are the exceptions to the above rule—

o
(a) where the subsidiary company holds such shares as the legal representative of a

.c
deceased member of the holding company; or
es
(b) where the subsidiary company holds such shares as a trustee; or
(c) where the subsidiary company is a shareholder even before it became a subsidiary
ot
company of the holding company but in this case it will not have a right to vote in the
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meeting of holding company.

In the given case one of the shareholders of holding company has transferred his shares
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in the holding company to a trust where the shares will be held by subsidiary company. It
means now subsidiary will hold shares in the holding company. But it will hold shares in
st

the capacity of a trustee. Therefore, we can conclude that in the given situation S Ltd. can
hold shares in H Ltd.
a
.c

2. According to section 13 of the Companies Act, 2013 a company, which has raised money
from public through prospectus and still has any unutilised amount out of the money so
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raised, shall not change its objects for which it raised the money through prospectus unless
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a special resolution is passed by the company and—

(i) the details in respect of such resolution shall also be published in the newspapers
(one in English and one in vernacular language) which is in circulation at the place
where the registered office of the company is situated and shall also be placed on the
website of the company, if any, indicating therein the justification for such change;
(ii) the dissenting shareholders shall be given an opportunity to exit by the promoters
and shareholders having control in accordance with SEBI regulations.
Company will have to file copy of special resolution with ROC and he will certify the
registration within a period of thirty days. Alteration will be effective only after this certificate
by ROC.

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114 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Looking at the above provision we can say that company can add the object of mobile app
development in its memorandum and divert public money into that business. But for that it
will have to comply with above requirements.
3. Section 83 of the Act of 2013 empowers the Registrar to make entries with respect to the
satisfaction and release of charges even if no intimation has been received by him from
the company.
Accordingly, with respect to any registered charge if an evidence is shown to the
satisfaction of Registrar that the debt secured by charge has been paid or satisfied in whole
or in part or that the part of the property or undertaking charged has been released from
the charge or has ceased to form part of the company’s property or undertaking, then he
may enter in the register of charges a memorandum of satisfaction that:

m
• the debt has been satisfied in whole or in part; or

o
• the part of the property or undertaking has been released from the charge or has

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ceased to form part of the company’s property or undertaking.
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This power can be exercised by the Registrar despite the fact that no intimation has been
received by him from the company.
ot
Information to affected parties: The Registrar shall inform the affected parties within 30
days of making the entry in the register of charges.
yn

Issue of Certificate: As per Rule 8 (2), in case the Registrar enters a memorandum of
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satisfaction of charge in full, he shall issue a certificate of registration of satisfaction of

charge.
st

4. According to Section 96 of the Companies Act, 2013, every company shall be required to
hold its first annual general meeting within a period of 9 months from the closing of its first
a

financial year.
.c

Also, if a company holds its first annual general meeting as aforesaid, it shall not be
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necessary for the company to hold any annual general meeting in the year of its
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incorporation:
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It also provide that the Registrar may, for any special reason, extend the time within which
any annual general meeting, other than the first annual general meeting, shall be held, by
a period not exceeding three months.
In the given case, taking the first financial year of Neemrana Infotech Ltd is for the period
1st April 2017 to 31st March 2018, the first annual general meeting of the company should
be held on or before 31st December, 2018.
According to section 99, if any default is made in holding a meeting of the company in
accordance with section 96, the company and every officer of the company who is in
default shall be punishable with fine which may extend to one lakh rupees and in the case

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PAPER – 2: CORPORATE AND OTHER LAWS 115

of a continuing default, with a further fine which may extend to five thousand rupees for
every day during which such default continues.
Even though the Registrar of Companies is empowered to grant extension of time for a
period not exceeding 3 months for holding the annual general meetings, such power does
not apply in the case of the first annual general meeting. Thus, the company and its
directors will be liable under section 99 of the Companies Act, 2013 for the default if the
annual general meeting was held after 31 st December, 2018.
5. Section 106 (1) of the Companies Act, 2013 states that the articles of a company may
provide that no member shall exercise any voting right in respect of any shares registered
in his name on which any calls or other sums presently payable by him have not been paid,
or in regard to which the company has exercised any right of lien.

m
In the present case the articles of the company do not permit a shareholder to vote if he
has not paid the calls on the shares held by him. Therefore, the chairman at the meeting

o
is well within its right to refuse him the right to vote at the meeting and Mr. Pink’s contention

.c
is not valid.
6.
es
According to section 3A of the Companies Act, 2013, If at any time the number of members
of a company is reduced, in the case of a public company, below seven, in the case of a
ot
private company, below two, and the company carries on business for more than six
months while the number of members is so reduced, every person who is a member of the
yn

company during the time that it so carries on business after those six months and is
cognisant of the fact that it is carrying on business with less than seven members or two
ud

members, as the case may be, shall be severally liable for the payment of the whole debts
of the company contracted during that time, and may be severally sued therefor.
st

Hence, in the given situation, the number of member in the said public company have fallen
a

below 7 [250-244=6] and these members have continued beyond the specified limit of 6
.c

months, the reduced members of the company during the period of 1 month shall be
severally liable for the payment of the whole debts of the company contracted during that
w

time, and may be severally sued therefor.

7. According to section 96(2) of the Companies Act, 2013, every annual general meeting shall
w

be called during business hours, that is, between 9 a.m. and 6 p.m. on any day that is not
a National Holiday and shall be held either at the registered office of the company or a t
some other place within the city, town or village in which the registered office of the
company is situate.
Provided that annual general meeting of an unlisted company may be held at any place in
India if consent is given in writing or by electronic mode by all the members in advance.
Thus, in the first case, the company is rightful in calling the Annual General meeting at
Ansal Plaza.
In the second scenario, in case of an unlisted company, annual general meeting may be
held at any place in India if consent is given in writing or by electronic mode by all the

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116 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

members in advance. Hence, if consent is given in writing or by electronic mode by all the
members in advance, the AGM can be called at Jaipur, otherwise not.
8. According to section 134(1) of the Companies Act, 2013, the financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before
they are signed on behalf of the Board by the chairperson of the company where he is
authorised by the Board or by two directors out of which one shall be managing director, if
any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary
of the company, wherever they are appointed, or in the case of One Person Company, only
by one director, for submission to the auditor for his report thereon.
As per the facts of the question, the Board has not authorised the chairperson of the
company to sign the financial statements. Hence, the financial statement shall be signed

m
by two directors out of which one shall be managing director [i.e. Mr. Prateek].
9. As per the provisions of Section 133 of the Indian Contract Act, 1872, if the creditor makes

o
any variance (i.e. change in terms) without the consent of the surety, then surety is

.c
discharged as to the transactions subsequent to the change.
es
In the instant case, Mr. Ganesh is liable as a surety for the loss suffered by ABC
Constructions company due to misappropriation of cash by Mr. Chintu during the first six
ot
months but not for misappropriations committed after the reduction in salary.
yn

Hence, Mr. Ganesh, will be liable as a surety for the act of Mr. Chintu before the change
in the terms of the contract i.e., during the first six months. Variation in the terms of the
ud

contract (as to the reduction of salary) without consent of Mr. Ganesh, will discharge
Mr. Ganesh from all the liabilities towards the act of the Mr. Chintu after such variation.
st

10. Cheque payable to order

According to Section 85 of the Negotiable Instruments Act, 1881.

(1) Where a cheque payable to order purports to be indorsed by or on behalf of the payee,
w

the drawee is discharged by payment in due course.

(2) Where a cheque is originally expressed to be payable to bearer, the drawee is

discharged by payment in due course to the bearer thereof, notwithstanding any
w

indorsement whether in full or in blank appearing thereon, and notwithstanding that

any such indorsement purports to restrict or exclude further negotiation.
As per the given facts, cheque is drawn payable to “Mr. Vikas or order”. It was lost and Mr.
Vikas was not aware of the same. The person found the cheque and forged and endorsed
it to Mr. Pawan, who encashed the cheque from the drawee bank. After few days, Mr. Vikas
intimated about the theft of the cheque, to the drawee bank, by which time, the drawee
bank had already made the payment.
According to above stated section 85, the drawee banker is discharged when it has made
a payment against the cheque payable to order when it is purported to be endorsed by or
on behalf of the payee. Even though the signature of Mr. Vikas is forged, the banker is

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PAPER – 2: CORPORATE AND OTHER LAWS 117

protected and is discharged. The true owner, Mr. Vikas, cannot recover the money from
the drawee bank in this situation.
11. “Immovable Property” [Section 3(26) of the General Clauses Act, 1897]: ‘Immovable
Property’ shall include:
(i) Land,
(ii) Benefits to arise out of land, and
(iii) Things attached to the earth, or
(iv) Permanently fastened to anything attached to the earth.
It is an inclusive definition. It contains four elements: land, benefits to arise out of land,
things attached to the earth and things permanently fastened to anything attached to the

m
earth. Where, in any enactment, the definition of immovable property is in the negative and

o
not exhaustive, the definition as given in the General Clauses Act will apply to the

.c
expression given in that enactment.
In the instant case, Vyas sold Land along with timber (obtained after cutting trees) of fifty
es
tamarind trees of his land. According to the above definition, Land is immovable property;
however, timber cannot be immovable property since the same are not attached to the
ot
earth.
yn

12. The normal function of a proviso is to except something out of the enactment or to qualify
something stated in the enactment which would be within its purview if the proviso were
ud

not there. The effect of the proviso is to qualify the preceding enactment which is expressed
in terms which are too general. As a general rule, a proviso is added to an enactment to
st

qualify or create an exception to what is in the enactment ordinarily a proviso is not

interpreted as it stating a general rule.
a

It is a cardinal rule of interpretation that a proviso to a particular provision of a statute only

embraces the field which is covered by the main provision. It carves out an exception to
w

the provision to which it has been enacted as a proviso and not to the other. (Ram Narain
w

Sons Ltd. Vs. Assistant Commissioner of Sales Tax. A.I.R,1995 SC 765)

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING

QUESTIONS
Material Cost
1. HBL Limited produces product 'M' which has a quarterly demand of 20,000 units. Each
product requires 3 kg. and 4 kg. of material X and Y respectively. Material X is supplied by
a local supplier and can be procured at factory stores at any time, hence, no need to keep
inventory for material X. The material Y is not locally available, it requires to be purchased
from other states in a specially designed truck container with a capacity of 10 tons.
The cost and other information related with the materials are as follows:
Particulars Material –X Material-Y

m
Purchase price per kg. (excluding GST) `140 `640

o
Rate of GST 18% 18%

.c
Freight per trip (fixed, irrespective of quantity) - `28,000
Loss of materials in transit
es - 2%
Loss in process 4% 5%
ot
Other information:
yn

- The company has to pay 15% p.a. to bank for cash credit facility.
ud

- Input credit is available on GST paid on materials.

Required:
st

(i) CALCULATE cost per kg. of material X and Y

(ii) CALCULATE the Economic Order quantity for both the materials.
.c

Employee (Labour) Cost

2. ADV Pvt. Ltd. manufactures a product which requires skill and precision in work to get
w

quality products. The company has been experiencing high labour cost due to slow speed
w

of work. The management of the company wants to reduce the labour cost but without
compromising with the quality of work. It wants to introduce a bonus scheme but is
indifferent between the Halsey and Rowan scheme of bonus.
For the month of November 2019, the company budgeted for 24,960 hours of work. The
workers are paid `80 per hour.
Required:
(i) CALCULATE and suggest the bonus scheme where the time taken (in %) to time
allowed to complete the works is (a) 100% (b) 75% (c) 50% & (d) 25% of budgeted
hours.

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 119

Overheads- Absorption Costing Method

3. PLR Ltd. manufacturers a single product and recovers the overheads by adopting a single
blanket rate based on machine hours. The budgeted production overheads of the factory
for the FY 2019-20 are `50,40,000 and budgeted machine hours are 6,000.
For a period of first six months of the financial year 201920, following information were
extracted from the books:
Actual production overheads `34,08,000
Amount included in the production overheads:
Paid as per court’s order `4,50,000
Expenses of previous year booked in current year `1,00,000

m
Paid to workers for strike period under an award `4,20,000

o
Obsolete stores written off `36,000

.c
Production and sales data of the concern for the first six months are as under:
es
Production:
ot
Finished goods 1,10,000 units
Works-in-progress
yn

(50% complete in every respect) 80,000 units

Sale:
Finished goods 90,000 units
st

The actual machine hours worked during the period were 3,000 hours. It is revealed from
a

the analysis of information that 40% of the over/under-absorption was due to defective
.c

production policies and the balance was attributable to increase in costs.

You are required:

(i) to determine the amount of over/ under absorption of production overheads for the
w

period,
(ii) to show the accounting treatment of over/ under-absorption of production overheads,
and
(iii) to apportion the over/ under-absorbed overheads over the items.
Overheads- Activity Based Costing (ABC) Method
4. SMP Pvt. Ltd. manufactures three products using three different machines. At present the
overheads are charged to products using labour hours. The following statement for the
month of September 2019, using the absorption costing method has been prepared:

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120 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Particulars Product X Product Y Product Z

(using machine A) (using machine B) (using machine C)
Production units 45,000 52,500 30,000
Material cost per unit (`) 350 460 410
Wages per unit @ `80 per 240 400 560
hour
Overhead cost per unit (`) 300 500 700
Total cost per unit (`) 890 1,360 1,670
Selling price (`) 1,112.50 1,700 2,087.50

m
The following additional information is available relating to overhead cost drivers.

o
Cost driver Product X Product Y Product Z Total

.c
No. of machine set-ups 40 160 400 600
No. of purchase orders 400
es 800 1,200 2,400
No. of customers 1,000 2,200 4,800 8,000
ot
Actual production and budgeted production for the month is same. Workers are paid at
yn

standard rate. Out of total overhead costs, 30% related to machine set-ups, 30% related
to customer order processing and customer complaint management, while the balance
ud

proportion related to material ordering.

Required:
st

(i) COMPUTE overhead cost per unit using activity based costing method.
a

(ii) DETERMINE the selling price of each product based on activity-based costing with
.c

the same profit mark-up on cost.

Cost Sheet
w

5. DFG Ltd. manufactures leather bags for office and school purpose. The following
w

information is related with the production of leather bags for the month of September 2019.
(i) Leather sheets and cotton cloths are the main inputs, and the estimated requirement
per bag is two meters of leather sheets and one meter of cotton cloth. 2,000 meter of
leather sheets and 1,000 meter of cotton cloths are purchased at `3,20,000 and
`15,000 respectively. Freight paid on purchases is `8,500.
(ii) Stitching and finishing need 2,000 man hours at `80 per hour.
(iii) Other direct cost of `10 per labour hour is incurred.

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 121

(iv) DFG has 4 machines at a total cost of `22,00,000. Machine has a life of 10 years
with a scrape value of 10% of the original cost. Depreciation is charged on straight
line method.
(v) The monthly cost of administrative and sales office staffs are `45,000 and `72,000
respectively. DFG pays `1,20,000 per month as rent for a 2400 [Link] factory
premises. The administrative and sales office occupies 240 sq. feet and 200 sq. feet
respectively of factory space.
(vi) Freight paid on delivery of finished bags is `18,000.
(vii) During the month 35 kg. of leather and cotton cuttings are sold at `150 per kg.
(viii) There is no opening and closing stocks for input materials. There is 100 bags in stock
at the end of the month.

m
Required:

o
.c
PREPARE a cost sheet following functional classification for the month of September 2019.
Cost Accounting Systems es
6. As of 30th September, 2019, the following balances existed in a firm’s cost ledger, which
ot
is maintained separately on a double entry basis:
yn

Debit(` ) Credit(` )
Stores Ledger Control A/c 15,00,000 
ud

Work-in-progress Control A/c 7,50,000 

Finished Goods Control A/c 12,50,000 

Manufacturing Overhead Control A/c  75,000
a
.c

Cost Ledger Control A/c  34,25,000

35,00,000 35,00,000
w

During the next quarter, the following items arose:

(` )
Finished Product (at cost) 11,25,000
Manufacturing overhead incurred 4,25,000
Raw material purchased 6,25,000
Factory wages 2,00,000
Indirect labour 1,00,000
Cost of sales 8,75,000
Materials issued to production 6,75,000

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122 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Sales returned (at cost) 45,000

Materials returned to suppliers 65,000
Manufacturing overhead charged to production 4,25,000

Required:
PREPARE the Cost Ledger Control A/c, Stores Ledger Control A/c, Work-in-progress
Control A/c, Finished Stock Ledger Control A/c, Manufacturing Overhead Control A/c ,
Wages Control A/c, Cost of Sales A/c and the Trial Balance at the end of the quarter.
Contract Costing
7. GVL Ltd. commenced a contract on April 1, 2018. The total contract was for

m
` 1,08,50,000. It was decided to estimate the total profit and to take to the credit of Costing
P & L A/c the proportion of estimated profit on cash basis which work completed bear to

o
the total contract. Actual expenditure in 2018-19 and estimated expenditure in 2019-20 are

.c
given below:
es 2018-19 2019-20
Actual (` ) Estimated (` )
ot
Material issued 18,24,000 32,56,000
yn

Labour : Paid 12,20,000 15,20,000

: Outstanding at end 96,000 1,50,000
ud

Plant purchased 9,00,000 -

Expenses : Paid 4,00,000 7,00,000
st

: Outstanding at the end - 1,00,000

: Prepaid at the end 90,000 -

Plant returned to stores (a historical stores) 3,00,000 6,00,000

(on Sep. 30, 2019)

Material at site 1,20,000 3,00,000

Work-in progress certified 51,00,000 Full

Work-in-progress uncertified 1,60,000 ----
Cash received 40,00,000 Full
The plant is subject to annual depreciation @ 20% of WDV cost. The contract is likely to
be completed on September 30, 2019.
Required:
(i) PREPARE the Contract A/c for the year 2018-19.
(ii) ESTIMATE the profit for the contract.

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 123

Batch Costing
8. BTL LLP. manufactures glass bottles for HDL Ltd., a pharmaceutical company, which is in
ayurvedic medicines business..
BTL can produce 2,00,000 bottles in a month. Set-up cost of each production run is ` 5,200
and the cost of holding one bottle for a year is ` 1.50.
As per an estimate HDL Ltd. can order as much as 19,00,000 bottles in a year spreading
evenly throughout the year.
At present the BTL manufactures 1,60,000 bottles in a batch.
Required:
(i) COMPUTE the Economic Batch Quantity for bottle production.

m
(ii) COMPUTE the annual cost saving to BTL by adopting the EBQ of a production.

o
Job Costing

.c
9. Ispat Engineers Limited (IEL) undertook a plant manufacturing work for a client. It will
es
charge a profit mark up of 20% on the full cost of the jobs. The following are the information
related to the job:
ot
Direct materials utilised – `1,87,00,000
yn

Direct labour utilised – 2,400 hours at `80 per hour

Budgeted production overheads are Rs. 48,00,000 for the period and are recovered on the
basis of 24,000 labour hours.
st

Budgeted selling and administration overheads are `18,00,000 for the period and
recovered on the basis of total budgeted total production cost of `36,00,00,000.
a
.c

Required:
CALCULATE the price to be charged for the job.
w

Service Costing
w

10. A transport company has a fleet of four trucks of 10 tonne capacity each plying in different
w

directions for transport of customer's goods. The trucks run loaded with goods and return
empty. The distance travelled, number of trips made and the load carried per day by each
truck are as under:
Truck No. One way No. of trips Load carried
Distance Km per day per trip / day tonnes
1 48 4 6
2 120 1 9
3 90 2 8
4 60 4 8

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124 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

The analysis of maintenance cost and the total distance travelled during the last two years
is as under
Year Total distance travelled Maintenance Cost `
1 1,60,200 1,38,150
2 1,56,700 1,35,525
The following are the details of expenses for the year under review:
Diesel ` 60 per litre. Each litre gives 4 km per litre of diesel on an
average.
Driver's salary ` 22,000 per truck per month

m
Licence and taxes ` 15,000 per annum per truck

o
Insurance ` 80,000 per annum for all the four trucks

.c
Purchase Price per `30,00,000, Life 10 years. Scrap value at the end of life is
truck `1,00,000. es
Oil and sundries ` 525 per 100 km run.
ot
General Overhead ` 1,10,840 per annum
yn

The trucks operate 24 days per month on an average.

Required
ud

(i) PREPARE an Annual Cost Statement covering the fleet of four trucks.
st

(ii) CALCULATE the cost per km. run.

(iii) DETERMINE the freight rate per tonne km. to yield a profit of 30% on freight.
.c

Process Costing
w

11. A product is manufactured in two sequential processes, namely Process-1 and Process-2.
w

The following information relates to Process-1. At the beginning of June 2019, there were
1,000 WIP goods (60% completed in terms of conversion cost) in the inventory, which are
w

valued at `2,86,020 (Material cost: `2,55,000 and Conversion cost: `31,020). Other
information relating to Process-1 for the month of June 2019 is as follows;

Cost of materials introduced- 40,000 units (`) 96,80,000

Conversion cost added (`) 18,42,000
Transferred to Process-2 (Units) 35,000
Closing WIP (Units) (60% completed in terms of conversion cost) 1,500

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 125

100% of materials are introduced to Process-1 at the beginning. Normal loss is estimated
at 10% of input materials (excluding opening WIP).
Required:
(i) PREPARE a statement of equivalent units using the weighted average cost method
and thereby calculate the following:
(ii) CALCULATE the value of output transferred to Process-2 and closing WIP.
Standard Costing
12. JVG Ltd. produces a product and operates a standard costing system and value material
and finished goods inventories at standard cost. The information related with the product
is as follows:

m
Particulars Cost per unit (`)

o
Direct materials (30 kg at `350 per kg) 10,500

.c
Direct labour (5 hours at `80 per hour) es 400
The actual information for the month just ended is as follows:
ot
(a) The budgeted and actual production for the month of September 2019 is 1,000 units.
yn

(b) Direct materials –5,000 kg at the beginning of the month. The closing balance of direct
materials for the month was 10,000 kg. Purchases during the month were made at
` 365 per kg. The actual utilization of direct materials was 7,200 kg more than the
ud

budgeted quantity.
st

(c) Direct labour – 5,300 hours were utilised at a cost of ` 4,34,600.

Required:
.c

CALCULATE (i) Direct material price and usage variances (ii) Direct labour rate and
efficiency variances.
w
w

Marginal Costing
w

13. PVC Ltd sold 55,000 units of its product at `375 per unit. Variable costs are `175 per unit
(manufacturing costs of `140 and selling cost `35 per unit). Fixed costs are incurred
uniformly throughout the year and amount to `65,00,000 (including depreciation of
`15,00,000). There is no beginning or ending inventories.
Required:
(i) COMPUTE breakeven sales level quantity and cash breakeven sales level quantity.
(ii) COMPUTE the P/V ratio.
(iii) COMPUTE the number of units that must be sold to earn an income (EBIT) of
`5,00,000.

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126 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(iv) COMPUTE the sales level achieve an after-tax income (PAT) of `5,00,000, assume
40% corporate tax rate..
Budget and Budgetary Control
14. KLM Limited has prepared its expense budget for 50,000 units in its factory for the year
2019-20 as detailed below:
(` per unit)
Direct Materials 125
Direct Labour 50
Variable Overhead 40
Direct Expenses 15

m
Selling Expenses (20% fixed) 25

o
Factory Expenses (100% fixed) 15

.c
Administration expenses (100% fixed) 8
Distribution expenses (85% variable) es 20
Total 298
ot
PREPARE an expense budget for the production of 35,000 units and 70,000 units.
yn

Miscellaneous
15. (i) DIFFERENTIATE between Cost Accounting and Management Accounting.
ud

(ii) EXPLAIN the meaning of Budget Manual.

(iii) EXPLAIN the term Equivalent units used in process industries.

a
.c

SUGGESTED HINTS/ANSWERS
w

1. Working Notes:
w

(a) Annual purchase quantity for material X and Y:

Annual demand for product M- 20,000 units × 4 = 80,000 units

Particulars Mat-X Mat-Y
Quantity required for per unit of product M 3 kg. 4 kg.
Net quantity for materials required 2,40,000 kg. 3,20,000 kg.
Add: Loss in transit - 6,881 kg.
Add: Loss in process 10,000 kg. 17,204 kg.
Purchase quantity 2,50,000 kg. 3,44,085 kg.
Note - Input credit on GST paid is available; hence, it will not be included in cost of material.

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 127

(i) Calculation of cost per kg. of material X and Y:

Particulars Mat-X Mat-Y
Purchase quantity 2,50,000 kg. 3,44,085 kg.
Rate per kg. `140 `640
Purchase price `3,50,00,000 `22,02,14,400
Add: Freight 0 `9,80,000*
Total cost `3,50,00,000 `22,11,94,400
Net Quantity 2,40,000 kg. 3,20,000 kg
Cost per kg. `145.83 `691.23
*No. of trucks = 3,44,085kg. = 34.40 trucks or 35 trucks
10 ton  1,000
o m
Therefore, total freight = 35 trucks × `28,000 = `9,80,000
. c
e s
(ii) Calculation of Economic Order Quantity (EOQ) for Mat.-X and Y:

EOQ =
2  Annual Re quirement  Order cos t
o t
Carryingcos t per unit p.a.

Particulars y n Mat-X Mat-Y

d
tu
Annual Requirement 2,50,000 kg. 3,44,085 kg.
Ordering cost
Cost per unit
a s 0
`145.83
`28,000
`691.23

.c
Carrying cost
Carrying cost per unit p.a.
15%
0* `103.68
15%

EOQ w 0 13,632.62 kg.

w
2.
w
The Cost of labour under the bonus schemes are tabulated as below:
Time Time
Allowed taken
Wages (`) Bonus (`) Total Wages (`) Earning per hour
(`)
Halsey* Rowan** Halsey Rowan Halsey Rowan
(1) (2) (3) (4) (5) (6) (7) (8) (9)
= (2) ×` 80 = (3) + (4) = (3) + (5) = (6)/(2) = (7)/(2)
24,960 24,960 19,96,800 - - 19,96,800 19,96,800 80.00 80.00
24,960 18,720 14,97,600 2,49,600 3,74,400 17,47,200 18,72,000 93.33 100.00
24,960 12,480 9,98,400 4,99,200 4,99,200 14,97,600 14,97,600 120.00 120.00
24,960 6,240 4,99,200 7,48,800 3,74,400 12,48,000 8,73,600 200.00 140.00

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128 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

* Bonus under Halsey Plan = 50% of (Time Allowed – Time Taken) × Rate per hour

** Bonus under Rowan Plan = Time taken  Time saved  Rate per hour
Time allowed

Rowan scheme of bonus keeps checks on speed of work as the rate of incentive increases
only upto 50% of time taken to time allowed but the rate decreases as the time taken to
time allowed comes below 50%. It provides incentives for efficient workers for saving in
time but also puts check on careless speed. On implementation of Rowan scheme, the
management of ADV Pvt. Ltd. would resolve issue of the slow speed work while
maintaining the skill and precision required maintaining the quality of product.
3. (i) Amount of over/ under absorption of production overheads during the period of first
six months of the year 2019-20:

o mAmount Amount

. c (` ) (` )

s
Total production overheads actually incurred during the 34,08,000
period

o
Less: Amount paid to worker as per court order te 4,50,000

yn
Expenses of previous year booked in the current 1,00,000
year

ud
Wages paid for the strike period under an award 4,20,000

s t
Obsolete stores written off 36,000 10,06,000
24,02,000
a
Less: Production overheads absorbed as per machine

.c
hour rate (3,000 hours × `840*) 25,20,000

w
Amount of over absorbed production overheads 1,18,000

w
*Budgeted Machine hour rate (Blanket rate) =
` 50,40,000
 `840 per hour

w 6,000 hours

(ii) Accounting treatment of over absorbed production overheads: As, 40% of the
over absorbed overheads were due to defective production policies, this being
abnormal, hence should be credited to Costing Profit and Loss Account.
Amount to be credited to Costing Profit and Loss Account
= `1,18,000× 40% = `47,200.
Balance of over absorbed production overheads should be distributed over Works in
progress, Finished goods and Cost of sales by applying supplementary rate*.
Amount to be distributed = `1,18,000× 60% = `70,800

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 129

` 70,800
Supplementary rate =  ` 0.295 per unit
2,40,000 units
(iii) Apportionment of under absorbed production overheads over WIP, Finished goods
and Cost of sales:
Equivalent Amount
completed units (` )
Work-in-Progress (80,000 units × 50% ×0.295) 40,000 11,800
Finished goods (1,10,000 units × 0.295) 1,10,000 32,450
Cost of sales (90,000 units × 0.295) 90,000 26,550
Total 2,40,000 70,800

m
4. Workings:

co
Total labour hours and overhead cost:

.
Particulars Product
X
t
Y
es
Product Product
Z
Total

Production units 45,000 52,500 30,000 1,27,500

Hour per unit 3 5 7

Total hours 1,35,000 2,62,500 2,10,000 6,07,500

Rate per hour `80.00
tu

Total overhead `4,86,00,000

Cost per activity and driver

Activity Machine Customer Customer Total

Set-up order complaint
w

processing management
w

Total overhead (`) 1,45,80,000 1,45,80,000 1,94,40,000 4,86,00,000

No. of drivers 600 2,400 8,000

Cost per driver (`) 24,300 6,075 2,430
(i) Computation of Overhead cost per unit:
Particulars Product X Product Y Product Z
No. of machine set-ups 40 160 400
Cost per driver (`) 24,300 24,300 24,300
Total Machine set-up cost (`) [A] 9,72,000 38,88,000 97,20,000
No. of purchase orders 400 800 1,200

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130 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Cost per driver (`) 6,075 6,075 6,075

Total order processing cost (`) 24,30,000 48,60,000 72,90,000
[B]
No. of customers 1,000 2,200 4,800
Cost per driver (`) 2,430 2,430 2,430
Total customer complaint 24,30,000 53,46,000 1,16,64,000
management cost (`) [C]
Total Overhead cost (`) [A+B+C] 58,32,000 1,40,94,000 2,86,74,000
Production units 45,000 52,500 30,000
Cost per unit (`) 129.60 268.46 955.80

m
(ii) Determination of Selling price per unit

o
.c
Particulars Product X Product Y Product Z
(using machine A) (using machine B) (using machine C)
es
Material cost per unit (`) 350.00 460.00 410.00
Wages per unit @ `80 per
ot
240.00 400.00 560.00
hour
yn

Overhead cost per unit (`) 129.60 268.46 955.80

Total cost per unit (`) 719.60 1,128.46 1,925.80
ud

Profit (25% profit mark-up) 179.90 282.11 481.45

(`)
st

Selling price (`) 899.50 1,410.57 2,407.25

a
.c

5. No. of bags manufactured = 1,000 units

Cost sheet for the month of September 2019
w
w

Particulars Total Cost per

Cost (`) unit (`)
w

1. Direct materials consumed:

- Leather sheets 3,20,000 320.00
- Cotton cloths 15,000 15.00
Add: Freight paid on purchase 8,500 8.50
2. Direct wages (`80 × 2,000 hours) 1,60,000 160.00
3. Direct expenses (`10 × 2,000 hours) 20,000 20.00
4. Prime Cost 5,23,500 523.50
5. Factory Overheads: Depreciation on machines 16,500 16.50

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 131

{(`22,00,000×90%)÷120 months}
Apportion cost of factory rent 98,000 98.00
6. Works/ Factory Cost 6,38,000 638.00
7. Less: Realisable value of cuttings (`150×35 kg.) (5,250) (5.25)
8. Cost of Production 6,32,750 632.75
9. Add: Opening stock of bags 0
10. Less: Closing stock of bags (100 bags × `632.75) (63,275)
11. Cost of Goods Sold 5,69,475 632.75
12. Add: Administrative Overheads:

m
- Staff salary 45,000 45.00

o
- Apportioned rent for administrative office 12,000 12.00

.c
13. Add: Selling and Distribution Overheads
- Staff salary es 72,000 80.00
- Apportioned rent for sales office 10,000 11.11
ot
- Freight paid on delivery of bags 18,000 20.00
yn

14. Cost of Sales (18+19+20) 7,26,475 800.86

Apportionment of Factory rent:

To factory building {(`1,20,000 ÷ 2400 [Link]) × 1,960 sq. feet} = `98,000
st

To administrative office {(`1,20,000 ÷ 2400 [Link]) × 240 sq. feet} = `12,000

To sale office {(`1,20,000 ÷ 2400 [Link]) × 200 sq. feet} = `10,000

6. Cost Ledger Control Account

Dr. Cr.
w

(` ) (` )
w

To Store Ledger 65,000 By Opening Balance 34,25,000

Control A/c
To Balance c/d 47,10,000 By Store ledger control A/c 6,25,000
By Manufacturing
Overhead Control A/c 4,25,000
By Wages Control A/c 3,00,000
47,75,000 47,75,000

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132 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Stores Ledger Control Account

Dr. Cr.
(` ) (` )
To Opening Balance 15,00,000 By WIP Control A/c 6,75,000
To Cost ledger control A/c 6,25,000 By Cost ledger control 65,000
A/c (Returns)
By Balance c/d 13,85,000
21,25,000 21,25,000

WIP Control Account

m
Dr. Cr.

o
.c
(` ) (` )
To Opening Balance 7,50,000 By es Finished Stock 11,25,000
Ledger Control A/c
To Wages Control A/c 2,00,000 By Balance c/d 9,25,000
ot
To Stores Ledger Control 6,75,000
yn

A/c
To Manufacturing 4,25,000
ud

Overhead Control A/c

20,50,000 20,50,000
a st

Finished Stock Ledger Control Account

Dr. Cr.
w

(` ) (` )
w

To Opening Balance 12,50,000 By Cost of Sales 8,75,000

To WIP Control A/c 11,25,000 By Balance c/d 15,45,000

To Cost of Sales A/c (Sales 45,000
Return)
24,20,000 24,20,000
Manufacturing Overhead Control Account
Dr. Cr.
(` ) (` )
To Cost Ledger Control A/c 4,25,000 By Opening Balance 75,000

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 133

To Wages Control A/c 1,00,000 By WIP Control A/c 4,25,000

By Under recovery 2 5,000
c/d
5,25,000 5,25,000

Wages Control Account

Dr. Cr.
(` ) (` )
To Transfer to Cost Ledger 3,00,000 By WIP Control A/c 2,00,000
Control A/c

m
By Manufacturing 1,00,000

o
Overhead Control A/c

.c
3,00,000 3,00,000
es
Cost of Sales Account
ot
Dr. Cr.
yn

(` ) (` )
To Finished Stock Ledger 8,75,000 By Finished Stock Ledger 45,000
ud

Control A/c Control A/c (Sales

return)
st

By Balance c/d 8,30,000

a
.c

8,75,000 8,75,000
w

Trial Balance
w

(` ) (` )
w

Stores Ledger Control A/c 13,85,000

WIP Control A/c 9,25,000
Finished Stock Ledger Control A/c 15,45,000
Manufacturing Overhead Control A/c 25,000
Cost of Sales A/c 8,30,000
Cost ledger control A/c ---- 47,10,000
47,10,000 47,10,000

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134 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

o m
.c
es
ot
yn
ud
a st
.c
w
w
w

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 135

7. GVL Ltd.
Contract A/c
(April 1, 2018 to March 31, 2019)
Particulars Amount Particulars Amount
(` ) (` )
To Materials Issued 18,24,000 By Plant returned to Stores 2,40,000
(Working Note 1)
To Labour 12,20,000 By Materials at Site 1,20,000
Add: Outstanding 96,000 13,16,000 By W.I.P.
To Plant Purchased 9,00,000 Certified 51,00,000

m
To Expenses 4,00,000 Uncertified 1,60,000 52,60,000

o
Less: Prepaid 90,000 3,10,000 By Plant at Site

.c
(Working Note 2) 4,80,000
To Notional Profit 17,50,000 es
61,00,000 61,00,000
ot
GVL Ltd.
yn

Contract A/c
(April 1, 2018 to September 30, 2019)
ud

(For Computing estimated profit)

Particulars Amount (` ) Particulars Amount (` )
st

To Materials Issued 50,80,000 By Material at Site 3,00,000

(` 18,24,000 + `32,56,000)
.c

To Labour Cost 28,90,000 By Plant returned to Stores 2,40,000

on 31.03.2019.
w

(`12,20,000 + `96,000 +
`14,24,000* + `1,50,000)
w

To Plant purchased 9,00,000 By Plant returned to Stores 4,32,000

on 30.09.2019 (Working Note

3)
To Expenses 12,00,000 By Contractee A/c 1,08,50,000
(`3,10,000 + `7,90,000 +
`1,00,000)
To Estimated profit 17,52,000
1,18,22,000 1,18,22,000
* Labour paid in 2019-20: `15,20,000 – `96,000 = `14,24,000

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136 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Working Notes
(` )
1. Value of the Plant returned to Stores on 31.03.2019
Historical Cost of the Plant returned 3,00,000
Less: Depreciation @ 20% of WDV for one year (60,000)
2,40,000
2. Value of Plant at Site 31.03.2019
Historical Cost of Plant at Site (`9,00,000 – `3,00,000) 6,00,000
Less: Depreciation @ 20% on WDV for one year (1,20,000)

m
4,80,000
3. Value of Plant returned to Stores on 30.09.2019

co
Value of Plant (WDV) on 31.3.2019 4,80,000

s.
Less: Depreciation @ 20% of WDV for a period of 6 months (48,000)
te
4,32,000
4. Expenses Paid for the year 2018-19
no

Total expenses paid 4,00,000

Less: Pre-paid at the end (90,000)

3,10,000
tu

8. Economic Batch Quantity (EBQ) = 2DS

C
Where, D = Annual demand for the product
.c

S = Setting up cost per batch

C = Carrying cost per unit of production

(i) Computation of EBQ :

= 2 19,00,000 `5,200
`1.5
= 1,14,775 bottles
(ii) Computation of savings in cost by adopting EBQ:
Batch Size No. of Set-up cost Carrying cost Total Cost
Batch
1,60,000 62,400 1,20,000
12 1,82,400
bottles (`5,200 × 12) (`1.5 × ½ × 1,60,000)

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 137

1,14,775 88,400 86,081.25

17 1,74,481.25
bottles (`5,200 × 17) (`1.5 × ½ × 1,14,775)
Saving 7,918.75
9. Calculation of job price
Particulars Amount (`)
Direct materials 1,87,00,000
Direct wages (`80 × 2,400 hours) 1,92,000
 `48,00,000  4,80,000
Production overheads   2,400hrs 

Production cost
 24,000hrs 

om 1,93,72,000
Selling and administration overheads
.c 96,860
 `18,00,000 
 `36,00,00,000 `1,93,72,000  s


Total cost of sales



o te 1,94,68,860
Profit mark-up @ 20%
Price for the job y n 38,93,772
2,33,62,632
10. (i)
ud
Annual Cost Statement of four vehicles

s t (` )

a
Diesel {(4,21,632 km. ÷ 4 km) × ` 60) (Refer to Working Note 1) 63,24,480

.c
Oil & sundries {(4,21,632 km. ÷ 100 km.) × ` 525} 22,13,568

w
Maintenance {(4,21,632 km. × ` 0.75) + ` 18,000} 3,34,224

w
(Refer to Working Note 2)
Drivers' salary {(`22,000 × 12 months) × 4 trucks} 10,56,000
w
Licence and taxes (` 15,000 × 4 trucks)
Insurance
60,000
80,000
Depreciation {(`29,00,000 ÷ 10 years) × 4 trucks} 11,60,000
General overhead 1,10,840
Total annual cost 1,13,39,112

(ii) Cost per km. run

Cost per kilometer run = Totalannual cos t of vehicles (Refer to Working Note 1)
Totalkilometre travelled annually

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138 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

= `1,13,39,112  ` 26.89
4,21,632 Kms

(iii) Freight rate per tonne km (to yield a profit of 30% on freight)
Cost per tonne km. = Total annual cos t of three vehicles (Refer to Working Note 1)
Total effective tonnes kms. per annum
= `1,13,39,112  ` 7.04
16,10,496 kms

Freight rate per tonne km.  `7.04   1 = ` 10.06

 0.7 
Working Notes:
1.
o m
Total kilometre travelled and tonnes kilometre (load carried) by four trucks in one year
Truck One way No. of Total distance
.c
Load carried Total
number distance
in kms
trips covered in km
per day
e sper trip / day
in tonnes
effective
tonnes km
1
2
48
120
4
1
384
240o t 6
9
1,152
1,080
3 90 2
y n 360 8 1,440
4
Total
60

u
4
d 480
1,464
8 1,920
5,592

st
Total kilometre travelled by four trucks in one year

a
(1,464 km. × 24 days × 12 months) = 4,21,632

.c
Total effective tonnes kilometre of load carried by four trucks during one year

w
(5,592 tonnes km. × 24 days × 12 months) = 16,10,496
2. w
Fixed and variable component of maintenance cost:

w
Variable maintenance cost per km= Difference in maintenanc e cost
Difference in distance travelled

= ` 1,38,150 – ` 1,35,525
1,60,200 kms – 1,56,700 kms

= ` 0.75
Fixed maintenance cost = Total maintenance cost–Variable maintenance cost
= `1,38,150 – 1,60,200 kms × ` 0.75 = ` 18,000
11. (i) Statement of Equivalent Production

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 139

Particulars Input Particulars Output Equivalent Production

Units Units Conversion
Material
cost
% Units % Units
Opening WIP 1,000 Completed and transfer r ed 35,000 100 35,000 100 35,000
to Process-2
Units 40,000 Normal Loss (10% of 40,000) 4,000 -- -- -- --
introduced
Abnormal loss 500 100 500 60 300
(Balancing figure)
Closing WIP 1,500 100 1,500 60 900
41,000 41,000 37,000 36,200

m
(ii) Calculation of value of output transferred to Process-2 & Closing WIP

o
.c
Amount (` ) Amount (` )
1. Value of units completed and transferred es 1,12,08,750
(35,000 units × ` 320.25) (Refer working note)
3. Value of Closing W-I-P:
ot
- Materials (1,500 units × ` 268.51) 4,02,765
yn

- Conversion cost (900 units × ` 51.74) 46,566 4,49,331

Workings:
ud

Cost for each element

Particulars Materials Conversion Total

(` ) (` ) (` )
.c

Cost of opening work-in-process 2,55,000 31,020 2,86,020

Cost incurred during the month 96,80,000 18,42,000 1,15,22,000
w

Total cost: (A) 99,35,000 18,73,020 1,18,08,020

Equivalent units: (B) 37,000 36,200

Cost per equivalent unit: (C) = (A ÷ B) 268.51 51.74 320.25

12. Working:
Quantity of material purchased and used.
No. of units produced 1,000 units
Std. input per unit 30kg.
Std. quantity (Kg.) 30,000 kg.
Add: Excess usage 7,200 kg.
Actual Quantity 37,200 kg.

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140 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Add: Closing Stock 10,000 kg.

Less: Opening stock 5,000 kg.
Quantity of Material purchased 42,200 kg.
(i) Direct Material Price Variance:
= Actual Quantity purchased (Std. Price – Actual Price)
= 42,200 kg.(`350 – `365) = 6,33,000 (Adverse)
Direct Material Usage Variance:
= Std. Price (Std. Quantity – Actual Quantity)
= `350 (30,000 kg. – 37,200 kg.) = `25,20,000 (Adverse)
(ii) Direct Labour Rate Variance:
o m
= Actual hours (Std. Rate – Actual Rate)
. c
= 5,300 hours (`80 – `82) = `10,600 (Adverse)

e s
Direct Labour Efficiency Variance:
= Std. Rate (Std. hours – Actual hours)
o t
n
= `80 (1,000 units × 5 hours – 5,300 hours) = `24,000 (Adverse)
y
13. (i)
d
Contribution = `375 - `175 = `200 per unit.

u ` 65,00,000
Break even Sales Quantity =

s t Fixed cos t
Contribution margin per unit
=
` 200
= 32,500 units

ca
Cash Fixed Cost `50,00,000
Cash Break even Sales Qty= = = 25,000 units.
. Contribution margin per unit `200

(ii) P/V ratio =

w Contribution/ unit
100 =
` 200
 100 = 53.33%

w Selling Pr ice / unit ` 375

w
(iii) No. of units that must be sold to earn an Income (EBIT) of `5,00,000
Fixed cost  Desired EBIT level = 65,00,000  5,00,000 = 35,000 units
Contribution margin per unit 200
(iv) After Tax Income (PAT) = `5,00,000
Tax rate = 40%
`5,00,000
Desired level of Profit before tax = 100 = `8,33,333
60

Estimate Sales Level = FixedCost  DesiredPr ofit

P / V ratio

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 141

 FixedCost  DesiredPr ofit 

Or,   SellingPr iceper unit 
 Contributionper unit 
`65,00,000  `8,33,333
= = `1,37,50,859
53.33%
14. Expense Budget of KLM Ltd.
Particulars 50,000 Units 35,000 Units 70,000 Units (` )
(` ) (` )
Direct Material 62,50,000 43,75,000 87,50,000
(50,000 x 125) (35,000 x 125) (70,000 x 125)

m
Direct Labour 25,00,000 17,50,000 35,00,000
(50,000 x 50) (35,000 x 50) (70,000 x 50)

co
Variable Overhead 20,00,000 14,00,000 28,00,000

.
(50,000 x 40) (35,000 x 40) (70,000 x 40)
Direct Expenses
es
7,50,000 5,25,000 10,50,000
(50,000 x 15) (35,000 x 15) (70,000 x 15)
ot
Selling Expenses (Variable)* 10,00,000 7,00,000 14,00,000
n

(50,000 x 20) (35,000 x 20) (70,000 x 20)

Selling Expenses (Fixed)* 2,50,000 2,50,000 2,50,000

(5 x 50,000)
tu

Factory Expenses (Fixed) 7,50,000 7,50,000 7,50,000

(15 x 50,000)
Administration Expenses (Fixed) 4,00,000 4,00,000 4,00,000
.c

(8 x 50,000)
w

Distribution Expenses (Variable)** 8,50,000 5,95,000 11,90,000

(17 x 50,000) (17 x 35,000) (17 x 70,000)

Distribution Expenses (Fixed)** 1,50,000 1,50,000 1,50,000
w

(3 x 50,000)
1,49,00,000 1,08,95,000 2,02,40,000
*Selling Expenses: Fixed cost per unit = `25 x 20% = `5
Fixed Cost = `5 x 50,000 units = `2,50,000
Variable Cost Per unit = `25 – `5 = `20
**Distribution Expenses: Fixed cost per unit = `20 x 15% = `3
Fixed Cost = `3 x 50,000 units = `1,50,000

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142 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Variable cost per unit = `20 – `3 = `17

15. (i) Difference between Cost Accounting and Management Accounting
Basis Cost Accounting Management Accounting
(i) Nature It records the quantitative It records both qualitative
aspect only. and quantitative aspect.
(ii) Objective It records the cost of It Provides information to
producing a product and management for planning
providing a service. and co-ordination.
(iii) Area It only deals with cost It is wider in scope as it
Ascertainment. includes financial

m
accounting, budgeting,
taxation, planning etc.

o
(iv) Recording of It uses both past and It is focused with the

.c
data present figures. projection of figures for
es future.
(v) Development Its development is related It develops in accordance
ot
to industrial revolution. to the need of modern
business world.
yn

(vi) Rules and It follows certain principles It does not follow any
Regulation and procedures for specific rules and
ud

recording costs of different regulations.

products.
st

(ii) Budget Manual: A budget manual is a collection of documents that contains key
a

information for those involved in the planning process. Typical contents could include
.c

the following:
w

• An introductory explanation of the budgetary planning and control process,

including a statement of the budgetary objective and desired results.

• A form of organisation chart to show who is responsible for the preparation of

each functional budget and the way in which the budgets are interrelated.
• A timetable for the preparation of each budget. This will prevent the formation
of a ‘bottleneck’ with the late preparation of one budget holding up the
preparation of all others.
• Copies of all forms to be completed by those responsible for preparing budgets,
with explanations concerning their completion.
• A list of the organization’s account codes, with full explanations of how to use
them.

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PAPER – 3: COST AND MANAGEMENT ACCOUNTING 143

• Information concerning key assumptions to be made by managers in their

budgets, for example the rate of inflation, key exchange rates, etc.
(iii) Equivalent Units: Equivalent units or equivalent production units, means converting
the incomplete production units into their equivalent completed units. Under each
process, an estimate is made of the percentage completion of work-in-process with
regard to different elements of costs, viz., material, labour and overheads. It is
important that the estimate of percentage of completion should be as accurate as
possible. The formula for computing equivalent completed units is:
 Actualnumber of unitsin   Percentage of 
Equivalent completed units =   
 theprocessof manufacture   Work completed 

m
For instance, if 25% of work has been done on the average of units still under process,
then 200 such units will be equal to 50 completed units and the cost of work-in-

co
process will be equal to the cost of 50 finished units.

s.
te
no
dy
tu
as
.c
w
w
w

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PAPER 4: TAXATION

SECTION A: INCOME TAX LAW

PART I: STATUTORY UPDATE

The Income-tax law, as amended by the Finance Act, 2018, including significant notifications/
circulars issued upto 30 th April, 2019 are applicable for November, 2019 examination. The
relevant assessment year for November, 2019 examination is A.Y.2019-20. The July 2018
edition of the Study Material is based on the provisions of income-tax law as amended by the
Finance Act, 2018 and significant notifications/circulars issued upto 30 th April, 2018.
The significant notifications/circulars issued upto 30.4.2019 which are relevant for November,

m
2019 examination but not covered in the July 2018 edition of the Study Material, are g iven
hereunder.

o
.c
Chapter 3: Incomes which do not form part of Total Income
es
Computation of admissible deduction u/s 10AA of the Income-tax Act, 1961 [Circular No.
4/2018, Dated 14-8-2018]
ot
As per the provisions of section 10AA(7), the profits derived from export of articles or things or
yn

services (including computer software) shall be the amount which bears to the profits of the
business of the undertaking, being the Unit, the same proportion as the export turnover in
ud

respect of such articles or things or services bears to the total turnover of the business carried
on by the undertaking.
st

Further as per clause (i) to Explanation 1 to section 10AA, "export turnover" means the
consideration in respect of export by the undertaking, being the Unit of articles or things or
a

services received in, or brought into, India by the assessee, but does not include freight,
.c

telecommunication charges or insurance attributable to the delivery of the articles or things

outside India or expenses, if any, incurred in foreign exchange in rendering of services (including
computer software) outside India.
w

The issue of whether freight, telecommunication charges and insurance expenses are to be
w

excluded from both "export turnover"' and "total turnover' while working out deduction admissible
under section 10AA on the ground that they are attributable to delivery of articles or things
outside India has been highly contentious. Similarly, the issue whether charges for rendering
services outside India are to be excluded both from "export turnover" and "total turnover" while
computing deduction admissible under section 10AA on the ground that such charges are
relatable towards expenses incurred in convertible foreign exchange in rendering services
outside India has also been highly contentious.
The controversy has been finally settled by the Hon'ble Supreme Court vide its judgment dated
24.4.2018 in the case of Commissioner of Income Tax, Central-III Vs. M/s HCL Technologies
Ltd. (CA No. 8489-8490 of 2013, NJRS Citation 2018-LL-0424-40), in relation to section 10A.

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PAPER – 4: TAXATION 145

The issue had been examined by CBDT and it is clarified, in line with the above decision of the
Supreme Court, that freight, telecommunication charges and insurance expenses are to be
excluded both from "export turnover" and "total turnover', while working out deduction
admissible under section 10AA to the extent they are attributable to the delivery of articles or
things outside India.
Similarly, expenses incurred in foreign exchange for rendering services outside India are to be
excluded from both "export turnover" and "total turnover" while computing deduction admissible
under section 10AA.
Note: Though this CBDT Circular is issued in relation to erstwhile section 10A, the same is also
relevant in the context of section 10AA. Accordingly, the reference to section 10A in the Circular
and the relevant sub-section and Explanation number thereto have been modified and given

m
with reference to section 10AA and the corresponding sub-sections, Explanation number and

o
clause of Explanation.

.c
Chapter 4 Unit 1: Salaries
es
Notified limit for exemption in respect of gratuity increased, in case of employees not covered
under the Payment of Gratuity Act, 1972 [Notification No. 16 /2019, dated 08.03.2019]
ot
As per section 10(10)(iii), in case of an employee not covered under the Payment of Gratuity
yn

Act, 1972, any gratuity received by an employee on his retirement or his becoming incapacitated
prior to such retirement or on termination of his employment or any gratuity received by his
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widow, children or dependents on his death is exempt from tax to the extent of least of the
following limits:
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(i) One-half month’s salary for each year of completed service

(ii) Actual gratuity received

(iii) Specified limit (i.e., limit notified by the Central Government)

The Central Government, having regard to the maximum amount of any gratuity payable to
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employees, has specified `20 lakh as the limit for the purposes of section 10(10)(iii) in relation
to the employees who retire or become incapacitated prior to such retirement or die on or after
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29th March, 2018 or whose employment is terminated on or after the said date. In effect, the
Central Government has, vide this notification, increased the specified limit from `10 lakhs to
`20 lakh with effect from 29.03.2018.
Chapter 9: Advance Tax, Tax Deduction at Source and Introduction to Tax Collection at Source
No tax is required to be deducted at source on interest payable on “Power Finance
Corporation Limited 54EC Capital Gains Bond” and “Indian Railway Finance Corporation
Limited 54EC Capital Gains Bond” – [Notification No. 27 & 28/2018, dated 18-06-2018]
Section 193 (Interest on securities) provides that the person responsible for paying to a resident
any income by way of interest on securities shall, at the time of credit of such income to the

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146 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft
or by any other mode, whichever is earlier, deduct income-tax @ 10%, being the rates in force
on the amount of the interest payable.
As per clause (iib) of the proviso to section 193, no tax is required to be deducted at source
from any interest payable on such debentures, issued by any institution or authority, or any
public sector company, or any co-operative society (including a co-operative land mortgage
bank or a co-operative land development bank), as the Central Government may, by notification
in the Official Gazette, specify in this behalf.
Accordingly, the Central Government has, vide this notification, specified -
(i) “Power Finance Corporation Limited 54EC Capital Gains Bond” issued by Power Finance
Corporation Limited {PFCL} and

m
(ii) “Indian Railway Finance Corporation Limited 54EC Capital Gains Bond” issued by Indian

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Railway Finance Corporation Limited {IRFCL}

.c
The benefit of this exemption would, however, be admissible in the case of transfer of such
es
bonds by endorsement or delivery, only if the transferee informs PFCL/IRFCL by registered post
within a period of sixty days of such transfer.
ot
No tax to be deducted at source under section 194A, in case of Senior Citizens if the
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aggregate amount of interest does not exceed ` 50,000 [Notification No. 6/2018, dated
6-12-2018]
ud

Section 194A requires deduction of tax at source on interest other than interest on securities.
However, section 194A(3) provides for exemption from this requirement where such interest
st

credited or paid or likely to be credited or paid during the Financial Year does not exceed
`10,000 and the payer is a banking company, co-operative society engaged in banking business
a

or post office. In case of a senior citizen (being a resident), however, a higher threshold of
.c

` 50,000 has been specified for non-deduction of tax at source in such cases.
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Accordingly, as per the third proviso to section 194A(3), no tax is required to be deducted at
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source in the case of senior citizens where the amount of interest or the aggregate of the amount
of interest credited or paid during the financial year by a banking company, co-operative society
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engaged in banking business or post office does not exceed `50,000. However, it has come to
the notice of the CBDT, that, some tax deductors/banks are making tax deductions even when
the amount of interest does not exceed ` 50,000.
Under Rule 31A(5) of the Income-tax Rules, 1962, the DGIT (Systems) is authorized to specify
the procedures, formats and standards for the purposes of furnishing and verification of the
statements or claim for refund and shall be responsible for the day-to-day administration in
relation to furnishing and verification of the statements or claim for refund in the manner so
specified.

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PAPER – 4: TAXATION 147

Accordingly, the Principal Director General of Income-tax (Systems) has, in exercise of the
powers delegated by the CBDT under Rule 31A(5), clarified that no tax deduction at source
under section 194A shall be made in the case of senior citizens where the amount of such
income or the aggregate of the amounts of such income credited or paid during the financial
year does not exceed `50,000.
Housing and Urban Development Corporation Ltd. (HUDCO), New Delhi notified for the
purpose of section 194A(3)((iii)(f) [Notification No. 26/2019, dated 20.03.2019]
Section 194A(3)((iii)(f) provides that no tax is required to be deducted on interest income paid
or credited to such other institution, association or body or class of institutions, associations,
or bodies which is notified by the Central Government. Accordingly, the Central Government
has, vide this notification, notified the Housing and Urban Development Corporation

m
Ltd.(HUDCO), New Delhi for the purpose of the said section.

o
Consequent to such notification, no tax need to be deducted at source from interest other than

.c
interest on securities credited or paid to HUDCO.
es
Chapter 10: Provisions for filing return of income and self-assessment

Time limit for making an application for allotment of PAN in respect of certain persons
ot
[Notification No. 82/2018, dated 19-11-2018]
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Section 139A(1) lists out the persons, who have not allotted PAN, to apply to the Assessing
Officer for allotment of PAN within such time, as may be prescribed. The time limit for making
ud

such application is prescribed in Rule 114(3).

The Finance Act, 2018 has expanded the list of persons covered under section 139A(1) to
st

include the persons mentioned in (iv) & (v) in column (2) of the table below, who have not been
a

allotted a PAN, to apply to the Assessing Officer for allotment of PAN. Accordingly, Rule 114(3)
.c

has been amended vide this notification to provide the time limit (indicated in column (3) of the
table below) for such persons to apply to the Assessing Officer for allotment of PAN.
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The table below contains the list of persons mentioned in section 139A(1), who have not been
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allotted PAN, to apply for PAN and the time limit for making such application in each such case.
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(1) (2) (3)

Persons required to apply for PAN Time limit for making such
application
(i) Every person, if his total income or the total On or before the 31st May of the
income of any other person in respect of which assessment year for which such
he is assessable under the Act during any income is assessable
previous year exceeds the maximum amount
which is not chargeable to income-tax

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148 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(ii) Every person carrying on any business or Before the end of that financial
profession whose total sales, turnover or gross year (previous year).
receipts are or is likely to exceed ` 5 lakhs in
any previous year
(iii) Every person being a resident, other than an On or before 31st May of the
individual, which enters into a financial immediately following financial
transaction of an amount aggregating to year
` 2,50,000 or more in a financial year
(iv) Every person who is a managing director, On or before 31st May of the
director, partner, trustee, author, founder, karta, immediately following financial
chief executive officer, principal officer or office year in which the person referred

m
bearer of any person referred in (iv) above or in (iv) enters into financial
any person competent to act on behalf of such transaction specified therein.

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person referred in (iv) above

.c
Quoting of Aadhaar Number mandatory in returns filed on or after 1.4.2019 [Circular No.
6/2019 dated 31.03.2019]
es
As per section 139AA(1)(ii), with effect from 01.07.2017, every person who is eligible to obtain
ot
Aadhaar number has to quote Aadhaar number in the return of income.
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The Apex Court in a series of judgments has upheld the validity of section 139AA.
Consequently, with effect from 01.04.2019, the CBDT clarified that it is mandatory to quote
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Aadhaar number while filing the return of income unless specifically exempted as per any
notification issued under section 139AA(3). Thus, returns being filed either electronically or
st

manually on or after 1.4.2019 cannot be filed without quoting the Aadhaar number.
a

Time limit for intimation of Aadhar Number to Prescribed Authority [Notification No.
.c

31/2019, dated 31.03.2019]

Section 139AA(2) provides that every person who has been allotted Permanent Account
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Number (PAN) as on 1st July, 2017, and who is eligible to obtain Aadhar Number, shall intimate
his Aadhar Number to prescribed authority on or before a date as may be notified by the Central
w

Government.
Accordingly, the Central Government has, vide this notification, notified that every person who
has been allotted permanent account number as on 1st July, 2017, and who is eligible to obtain
Aadhaar number, shall intimate his Aadhaar number to the Principal DGIT (Systems) or
Principal Director of Income-tax (Systems) by 30th September, 2019.
This notification would, however, not be applicable to those persons or such class of persons or
any State or part of any State who/which are/is specifically excluded under section 139AA(3).

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PAPER – 4: TAXATION 149

PART II: QUESTIONS AND ANSWERS

OBJECTIVE TYPE QUESTIONS

I. Mr. Ajay is found to be the owner of two gold chains of 50 gms each (market value of which
is ` 1,45,000 each) during the financial year ending 31.3.2019 but he could offer
satisfactory explanation for ` 50,000 spent on acquiring these gold chains. As per section
115BBE, Mr. Ajay would be liable to pay tax of –
(a) ` 1,87,200
(b) ` 2,26,200
(c) ` 1,49,760

m
(d) ` 1,80,960

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II. Mr. Suhaan (aged 35 years), a non-resident earned dividend income of ` 12,50,000 from

.c
an Indian Company which is credited directly to its bank account in France and
es
` 15,000 as interest in Saving A/c from State Bank of India during the previous year 2018-
19. Assuming that he has no other income, what will be amount of income chargeable to
tax in his hands in India for A.Y. 2019-20?
ot
(a) ` 2,55,000
yn

(b) ` 2,65,000
ud

III. XYZ Ltd. has two units, one unit at Special Economic Zone (SEZ) and other unit at
a

Domestic Tariff Area (DTA). The unit in SEZ was set up and started manufacturing from
.c

12.3.2012 and unit in DTA from 15.6.2015. Total turnover of XYZ Ltd. and Unit in DTA is
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` 8,50,00,000 and 3,25,00,000, respectively. Export sales of unit in SEZ and DTA is
` 2,50,00,000 and ` 1,25,00,000, respectively and net profit of Unit in SEZ and DTA is `
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80,00,000 and ` 45,00,000, respectively. XYZ Ltd. would be eligible for deduction under
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section 10AA for -

(a) ` 38,09,524
(b) ` 19,04,762
(c) ` 23,52,941
(d) ` 11,76,471
IV. Mr. Jagat is an employee in accounts department of Bharat Ltd., a cellular company
operating in the regions of eastern India. It is engaged in manufacturing of cellular devices.
During F.Y. 2018-19, following transactions were undertaken by Mr. Jagat:

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150 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(i) He attended a seminar on “Perquisite Valuation”. Seminar fees of ` 12,500 was paid
by Bharat Ltd.
(ii) Tuition fees of Mr. Himanshu (son of Mr. Jagat) was reimbursed by Bharat Ltd.
Amount of fees is ` 25,000.
(iii) Ms. Sapna (daughter of Mr. Jagat) studies in DPS Public School (owned and
maintained by Bharat Ltd.). Tuition fees paid for Ms. Sapna was ` 750 per month.
Cost of education in similar institution is ` 5,250 per month.
Compute the amount which is chargeable to tax under the head “Salaries” in hands of Mr.
Jagat for A.Y. 2019-20.
(a) ` 25,000

m
(b) ` 37,500

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(c) ` 66,500

.c
(d) ` 79,000
V.
es
Mr. Jha, an employee of FX Ltd, attained 60 years of age on 15.05.2018. He is resident in
India during F.Y. 2018-19 and earned salary income of `5 lacs (computed). During the
ot
year, he earned ` 7 lacs from winning of lotteries. Compute his advance tax liability for
yn

A.Y. 2019-20:
(a) ` 2,20,000 + Cess ` 8,800 = `2,28,800, being the tax payable on total income of `12
ud

lacs
(b) ` 2,10,000 + Cess ` 8,400 = `2,18,400, being the tax payable on lottery income of
st

`7 lacs
a

would have been deducted at source from lottery income.

(d) Nil
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VI. APM Ltd. is a pioneer company in textile industry. At the end of F.Y. 2018-19, it decided
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to distribute deposit certificates (without interest) to its shareholders (preference as well

as equity shareholders). Total value of accumulated profits of APM Ltd. was ` 25 lakhs.
Mr. A is an equity shareholder of APM Ltd. holding 10% of share capital. During F.Y. 2018-
19, Mr. A received deposit certificates (without interest) valuing ` 5,00,000 from APM Ltd.
Comment upon taxability of receipt of deposit certificates in the hands of Mr. A.
(a) Deposit Receipts (without interest) are taxable to the extent of `2,50,000 under
Income from other sources.
(b) Deposit Receipts (without interest) are fully taxable under Income from other sources.
(c) Deposit Receipts (without interest) are exempt since DDT is payable by the company.

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PAPER – 4: TAXATION 151

(d) Deposit Receipts (without interest) are fully taxable and shall be included in Gross
total income. But such receipt shall be allowed as deduction under Chapter-VI A.
VII. Mr. Hari is 65 years old residing in Agra. During F.Y. 2013-14, he purchased a house
property in Kamla Nagar for ` 25 lacs. This house property was self-occupied by him till
F.Y. 2015-16. In F.Y. 2016-17, he shifted to Delhi and the house property in Kamla Nagar
was let out to Mr. Kishore. His income from house property was ` 5 lacs per annum
(computed). During F.Y. 2018-19, Mr. Hari earned long-term capital gain of
` 2.50 lacs, casual income of ` 10 lacs, agricultural income of ` 3 lacs and profits from
business of ` 4 lacs. During the same year, he transferred house property situated in
Kamla Nagar to Mrs. Neelam (his son’s wife) without any consideration. Subsequently,
income from house property was received by Mrs. Neelam for F.Y. 2018-19. Compute
gross total income of Mr. Hari for A.Y. 2019-20:

m
(a) ` 16.50 lacs

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.c
(b) ` 21.50 lacs
(c) ` 19.50 lacs es
(d) ` 24.50 lacs
ot
VIII. The details of income/loss of Mr. Kumar for A.Y. 2019-20 are as follows:
yn

Particulars Amt. (in `)

Income from Salary (Computed) 5,20,000

Loss from self-occupied house property 95,000
st

Loss from let-out house property 2,25,000

Loss from specified business u/s 35AD 2,80,000

Loss from medical business 1,20,000

Long term capital gain 1,60,000

Income from other sources 80,000
w
w

Compute gross total income of Mr. Kumar for A.Y. 2019-20:

(a) ` 4,40,000
(b) ` 3,20,000
(c) ` 1,60,000
(d) ` 4,80,000
IX. Mr. Pawan is engaged in the business of roasting and grinding coffee beans. During F.Y.
2018-19, his total income is ` 4.5 lacs. Mr. Pawan filed its return of income for

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152 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

A.Y. 2019-20 on 3rd March, 2020. Compute fee payable for default in furnishing in return
of income for PQ & Associates for A.Y. 2019-20:
(a) ` 5,000
(b) Not exceeding ` 1,000
(c) ` 10,000
(d) No fees payable as total income is below ` 5,00,000
X. Mr. Rana is a resident of India residing in Meerut. During F.Y. 2010-11 he purchased an
agricultural land situated in Bahadurpur for ` 10 lacs. This land is situated in an area which
has aerial distance of 3 km from the local limits of Municipality of Bahadurpur. Total
population of this area is 80,000 as per the last preceding census. During F.Y. 2018-19,

m
Mr. Rana sold this land to Mr. Jeet for ` 25 lacs on 29.1.2019. Mr. Rana invested ` 5 lakhs

o
in bonds of NHAI on 31.7.2019. Cost inflation index for F.Y. 2010-11 and F.Y. 2018-19 is
167 and 280 respectively. Compute the amount of capital gain taxable in the hands of Mr.

.c
Rana for A.Y. 2019-20: es
(a) ` 3,23,353
ot
(b) ` 8,23,353
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DESCRIPTIVE QUESTIONS
st

1. Mr. Sunil Patni, aged 45 years, furnishes the following details of his total income for the
A.Y. 2019-20:
a
.c

Income from Salaries (computed) 26,56,000

Income from House Property (computed) 16,90,000

Interest income from FDRs 7,34,000
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He has not claimed any deduction under Chapter VI-A. You are required to compute tax
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liability of Mr. Sunil Patni as per the provisions of Income Tax Act, 1961.
2. Mr. Rajesh Sharma (aged 62 years), an Indian citizen, travelled frequently out of India for his
business trip as well as for his outings. He left India from Delhi airport on 29 th May 2018 as
stamped in the passport and returned on 27 th April 2019. He has been in India for less than 365
days during the 4 years immediately preceding the previous year. Determine his residential
status and his total income for the assessment year 2019-20 from the following information:
(1) Short term capital gain on the sale of shares of Tilt India Ltd., a listed Indian company,
amounting to ` 58,000. The sale proceeds were credited to his bank account in
Singapore.

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PAPER – 4: TAXATION 153

(2) Dividend amounting to ` 48,000 received from Treat Ltd., a Singapore based
company, which was transferred to his bank account in Singapore. He had borrowed
money from Mr. Abhay, a non-resident Indian, for the above-mentioned investment
on 2nd April, 2018. Interest on the borrowed money for the previous year 2018-19
amounted to ` 5,800.
(3) Interest on fixed deposit with Punjab National Bank, Delhi amounting to
` 9,500 was credited to his saving bank account.
3. Examine with brief reasons, whether the following are chargeable to income-tax and the
amount liable to tax with reference to the provisions of the Income-tax Act, 1961:
(i) Allowance of ` 18,000 p.m. received by an employee, Mr. Uttam Prakash, working in
a transport system granted to meet his personal expenditure while on duty. He is not

m
in receipt of any daily allowance from his employer.

o
(ii) During the previous year 2018-19, Mrs. Aadhya, a resident in India, received a sum

.c
of ` 9,63,000 as dividend from Indian companies and ` 4,34,000 as dividend from
units of equity oriented mutual fund. es
4. Ms. Suhaani, a resident individual, aged 33 years, is an assistant manager of Daily Needs
ot
Ltd. She is getting a salary of ` 48,000 per month. During the previous year 2018-19, she
received the following amounts from her employer.
yn

(i) Dearness allowance (10% of basic pay which forms part of salary for retirement
ud

benefits).
(ii) Bonus for the previous year 2017-18 amounting to ` 52,000 was received on
st

30th November, 2018.

(iii) Fixed Medical allowance of ` 48,000 for meeting medical expenditure.

(iv) She was also reimbursed the medical bill of her father dependent on her amounting
to ` 4,900.
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(v) Ms. Suhaani was provided;

• a laptop both for official and personal use. Laptop was acquired by the company
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on 1st June, 2016 at ` 35,000.

• a domestic servant at a monthly salary of ` 5,000 which was reimbursed by her
employer.
(vi) Daily Needs Ltd. allotted 700 equity shares in the month of October 2018 @ ` 170 per
share against the fair market value of ` 280 per share on the date of exercise of option
by Ms. Suhaani. The fair market value was computed in accordance with the method
prescribed under the Act.
(vii) Professional tax ` 2,200 (out of which ` 1,400 was paid by the employer).

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154 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Compute the Income under the head “Salaries” of Ms. Suhaani for the assessment year
2019-20.
5. Mr. Vihaan is a resident but not ordinarily resident in India during the Assessment Year
2019-20. He furnishes the following information regarding his income/expenditure
pertaining to his house properties for the previous year 2018-19:
• He owns two houses, one in Singapore and the other in Pune.
• The house in Singapore is let out there at a rent of SGD 4,000 p.m. The entire rent is
received in India. He paid Property tax of SGD 1250 and Sewerage Tax SGD 750
there. (1SGD=INR 51)
•

m
The house in Pune is self-occupied. He had taken a loan of ` 25,00,000 to construct
the house on 1st June, 2014 @12%. T he construction was completed on 31 st May,

o
2016 and he occupied the house on 1 st June, 2016.

.c
The entire loan is outstanding as on 31 st March, 2019. Property tax paid in respect of
the second house is ` 2,800.
es
Compute the income chargeable under the head "Income from House property" in the
ot
hands of Mr. Vihaan for the Assessment Year 2019-20.
yn

6. Mr. Chirag, set up a manufacturing unit of Baking Soda in notified backward area of the
State of Andhra Pradesh on 18 th May, 2018. The following machineries (falling under 15%
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block) purchased by him during the previous year 2018-19.

Amount
(` lakhs)
a

(i) Machinery X, Machinery Y and Machinery Z from Sahaj Limited 58

on credit (installed and usage started on 18 th July, 2018, 25th

July 2018 and 1st August 2018, respectively). Payment is made

on 15th April 2019 to Sahaj Limited by net banking.
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(ii) Machinery L from Swayam Limited (installed on 8 th August, 35

2018). The Invoice was paid through a cash payment on the

same day.
(iii) Machinery M (a second-hand machine) from Sunshine Limited 15
on 18th December, 2018 (The payment for the purchase invoice
was made through NEFT on 5 th January, 2019)

Compute the depreciation allowance under section 32 of the Income-tax Act, 1961 for the
assessment year 2019-20.

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PAPER – 4: TAXATION 155

7. Mrs. Yuvika bought a vacant land for ` 80 lakhs in May 2004. Registration and other
expenses were 10% of the cost of land. She constructed a residential building on the said
land for ` 100 lakhs during the financial year 2006-07.
She entered into an agreement for sale of the above said residential house with Mr. Johar
(not a relative) in April 2015. The sale consideration was fixed at ` 700 lakhs and on 23-
4-2015, Mrs. Yuvika received ` 20 lakhs as advance in cash by executing an agreement.
However, due to failure on part of Mr. Johar, the said negotiation could not materialise and
hence, the said amount of advance was forfeited by Mrs. Yuvika.
Mrs. Yuvika, again entered into an agreement on 01.08.2018 for sale of this house at
` 810 lakhs. She received ` 80 lakhs as advance by cash payment. The stamp duty value

m
on the date of agreement was ` 835 lakhs. The sale deed was executed and registered on
14-1-2019 for the agreed consideration. However, the State stamp valuation authority had

o
revised the values, hence, the value of property for stamp duty purposes was ` 870 lakhs.

.c
Mrs. Yuvika paid 1% as brokerage on sale consideration received.
es
Subsequent to sale, Mrs. Yuvika made following investments:
ot
(i) Acquired a residential house at Delhi for ` 130 lakhs on 31.5.2019.
(ii) Acquired a residential house at UK for ` 290 lakhs on 23.3.2019.
yn

(iii) Subscribed to NHAI capital gains bond (approved under section 54EC) for ` 47 lakhs
ud

on 29-3-2019 and for ` 50 lakhs on 12-5-2019.

Compute the income chargeable under the head 'Capital Gains'. The choice of exemption
st

must be in the manner most beneficial to the assessee.

Cost Inflation Index: F.Y. 2004-05 – 113; F.Y. 2006-07 – 122; F.Y. 2018-19 - 280.
.c

8. Mr. Raghav is a chartered accountant and his income from profession for the year
w

2018-19 is ` 15,00,000. He provides you with the following information for the year
w

2018-19.
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Particulars `
Income of minor son Rahul from company deposit 1,75,000
Income of minor daughter Riya (professional dancer) from her dance 20,00,000
performances
Interest from Canara bank received by Riya on fixed deposit made in 20,000
2015 out of income earned from her dance performances
Gift received by Riya from friends of Mr. Raghav on winning National 45,000
award
Loss from house property (computed) 2,50,000
Short term capital loss 6,00,000

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156 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Long term capital gain under section 112 4,00,000

Short term capital loss under section 111A 10,00,000
Mr. Raghav income before considering clubbing provisions is higher than that of his wife.
Compute the Total Income of Mr. Raghav for Assessment Year 2019-20 and the losses to
be carried forward assuming that he files his income tax returns every year before due
date.
9. Mr. Arihant, a resident individual aged 40 years, has Gross Total Income of ` 7,50,000
comprising of income from Salary and income from house property for the assessment
year 2019-20. He provides the following information:
Paid ` 70,000 towards premium for life insurance policy of his handicapped son (section

m
80U disability). Sum assured ` 4,00,000; and date of issue of policy 1-8-2017.

o
Deposited ` 90,000 in tax saver deposit in the name of his major son in Punjab National

.c
Bank of India.
es
Paid ` 78,000 towards medical insurance for the term of 3 years as a lumpsum payment
for himself and his spouse. Also, incurred ` 54,000 on medical expenditure of his father, a
ot
resident aged 68 years. No medical insurance policy is taken in the name of his father. His
yn

father earned ` 4,50,000 interest from fixed deposit.

Contributed ` 25,000 to The Clean Ganga Fund, set up by the Central Government.
ud

Compute the Total Income and deduction under Chapter VI-A for the Assessment year
st

2019-20.
a

10. You are required to compute the total income of the Ms. Radhika, a resident individual,
.c

aged 37 years and the tax payable for the assessment year 2019-20. She furnishes the
following particulars relating to the year ended 31-3-2019:
w

(i) Winnings from a TV Game show (Net) 77,000

(ii) Gift received from Father's brother 85,000

(iii) Gift received from Archita, her close friend 80,000

(iv) Interest on capital received from TVA & Co., a partnership firm in 4,50,000
which she is a partner (@15% p.a.)
(v) Rent received for a vacant plot of land (Net) 3,03,300
(vi) Amount received from Lime Pvt. Ltd., for a house at Delhi for which 2,85,000
she had been in negotiation for enhanced rent three years back.
This has not been taxed in any earlier year. The house was,
however, sold off in March, 2018.

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PAPER – 4: TAXATION 157

(vii) Amount received under Keyman Insurance Policy 4,35,000

(viii) Amount forfeited by her for the vacant plot, since the buyer could 3,10,000
not finalize the deal as per agreement.
(ix) Donation given in cash to a charitable trust registered u/s 12AA 22,000
(x) She owns agricultural lands at Dhaka, Bangladesh. She has 5,20,000
derived agricultural income therefrom
(xi) Public Provident Fund paid in the name of her minor daughter 1,25,000
(xii) Interest credited in the said PPF account during the year 50,900
(xiii) Share of profits received from TVA & Co., a partnership firm 1,50,000

m
Computation should be made under proper heads of income.

o
11. Mr. Chandra Prakash, a resident individual aged 54, is planning to pay self-assessment

.c
tax and furnish his return of income on 15.12.2019. He furnishes the following details of
es
his income, the amount of tax deducted at source and advance tax paid for the previous
year 2018-19 as under:
ot
(i) Retail Toy business, whose turnover is ` 185 lakhs [received ` 90 lakhs by Account
yn

payee cheque, ` 50 lakhs through ECS and balance in cash]. He opts for presumptive
taxation scheme under section 44AD.
ud

(ii) Income from other sources ` 3,05,000.

(iii) Tax deducted at source ` 55,000.

(iv) Advance tax paid ` 1,45,000 on 14-3-2019.

Calculate the interest payable under section 234B of the income-tax Act, 1961.
w
w

12. Examine with reference to the relevant provisions of Income-tax Act, 1961 whether the
following losses/deductions can be carried forward/claimed by Mr. Sharma. These
w

losses/deductions are in respect of the financial year 2018-19.

(i) Loss from the business carried on by him as a proprietor: ` 9,80,000 (computed)
(ii) Unabsorbed Depreciation: ` 3,25,000 (computed)
(iii) Loss from House property: ` 50,000 (computed)
The due date for filing the return for Mr. Sharma was 31 st July, 2019 under section 139(1).
However, he filed the return on 25.9.2019.

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158 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

SUGGESTED ANSWERS
OBJECTIVE TYPE QUESTIONS
I. (a)
II. (d)
III. (b)
IV. (d)
V. (d)
VI. (c)
VII. (b)

m
VIII. (a)

o
IX. (b)

.c
X. (d) es
DESCRIPTIVE QUESTIONS
ot
1. Computation of tax liability of Mr. Sunil Patni for the A.Y. 2019-20
yn

Particulars ` `
Income from Salaries (computed) 26,56,000
ud

Income from house property (computed) 16,90,000

Interest income from FDR’s 7,34,000

Total Income 50,80,000
a
.c

Tax Liability
(A) Tax payable including surcharge on total income
w

of ` 50,80,000
w

Upto ` 2,50,000 Nil

` 2,50,001 – ` 5,00,000 @ 5% 12,500

` 5,00,001 – ` 10,00,000 @ 20% 1,00,000
` 10,00,001 – ` 50,80,000 @30% 12,24,000
13,36,500
Add: Surcharge @ 10%, since total income exceeds 1,33,650 14,70,150
` 50 lakhs but does not exceed ` 1 crore.
(B) Tax Payable on total income of ` 50 lakhs
(` 12,500 plus ` 1,00,000 plus ` 12,00,000, being 30% 13,12,500
of ` 40,00,000)

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PAPER – 4: TAXATION 159

(C) Excess tax payable (A)-(B) 1,57,650

(D) Marginal Relief (` 1,57,650 – ` 80,000, being the 77,650
amount of income in excess of ` 50,00,000)
Tax payable (A)-(D) [ ` 14,70,150 – ` 77,650] 13,92,500
Add: Health & Education cess@4% 55,700
Tax Liability 14,48,200

2. Determination of residential status

An individual is said to be resident in India in any previous year, if he satisfies any one of
the following conditions:

m
(i) He has been in India during the previous year for a total period of 182 days or more,
or

o
.c
(ii) He has been in India during the 4 years immediately preceding the previous year for
a total period of 365 days or more and has been in India for at least 60 days in the
es
previous year.
If the individual satisfies any one of the conditions mentioned above, he is a resident. If
ot
both the above conditions are not satisfied, the individual is a non-resident.
yn

Mr. Rajesh Sharma, an Indian citizen, has not satisfied either of the basic conditions for
being a resident, since he was in India for only 59 days during the previous year 2018-19.
ud

Hence, he is non-resident in India for A.Y.2019-20.

Computation of total income of Mr. Rajesh Sharma for A.Y.2019-20

Particulars Amount (`)

(1) Short-term capital gain on sale of shares of an Indian listed 58,000

company is chargeable to tax in the hands of

Mr. Rajesh Sharma, since it has accrued and arisen in India
w

even through the sale proceeds were credited to bank account

in Singapore.
(2) Dividend of ` 48,000 received from Singapore based company
transferred to his bank account in Singapore is not taxable in Nil
the hands of the non-resident since the income has neither
accrued or arisen in India nor has it been received in India.
Since dividend is not taxable in India, interest paid for
investment is not allowable as deduction.
(3) Interest on fixed deposit with Punjab National Bank, Delhi
credited to his savings bank account is taxable in the hands of
Mr. Rajesh Sharma as Income from other sources, since it has

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160 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

accrued and arisen in India and is also received in India. He

would not be eligible for deduction under section 80TTB, since 9,500
he is a non-resident.
Total Income 67,500
3.
Chargeability Amount Reason
liable to
tax (` )
(i) Partly taxable 96,000 Any allowance granted to an employee working
in a transport system to meet his personal

m
expenditure during his duty is exempt provided
he is not in receipt of any daily allowance. The

o
exemption is 70% of such allowance (i.e.,

.c
` 12,600 per month being, 70% of ` 18,000, in
the present case) or ` 10,000 per month,
es
whichever is less. Hence, ` 1,20,000 (i.e.,
` 10,000 x 12) is exempt. Balance ` 96,000
ot
(` 2,16,000 – ` 1,20,000) is taxable in the
hands of Mr. Uttam Prakash.
yn

(ii) Not Taxable - As per section 10(34), dividend received upto

` 10 lakhs from Indian companies on which

dividend distribution tax is paid by the
company, is exempt in the hands of
st

shareholder.
a

As per section 10(35), income received from

units of mutual fund is exempt.

Hence, ` 9,63,000, being the dividend from
w

Indian companies and ` 4,34,000, being the

dividend from units of equity oriented mutual

fund is not taxable in the hands of
w

Mrs. Aadhya.
4. Computation of Income under the head “Salaries” in the hands of Ms. Suhaani for
the A.Y. 2019-20
Particulars `
Basic Salary [` 48,000 x 12] 5,76,000
Dearness allowance [10% of basic salary] 57,600
Bonus [Taxable in the P.Y. 2018-19, since it is taxable on receipt basis] 52,000

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PAPER – 4: TAXATION 161

Fixed Medical Allowance [Taxable] 48,000

Reimbursement of Medical expenditure incurred for her father [Fully 4,900
taxable from A.Y. 2019-20, even though father is included in the meaning
of “family” on account of standard deduction being introduced in lieu of
reimbursement of medical expenditure].
Facility of laptop [Facility of laptop is an exempt perquisite, whether used Nil
for official or personal purpose or both]
Reimbursement of salary of domestic servant [` 5,000 x 12] [Fully 60,000
taxable, since perquisite includes any sum paid by the employer in
respect of any obligation which would have been payable by the
employee]

m
Value of equity shares allotted [700 equity shares x ` 110 77,000

o
(` 280, being the fair market value – ` 170, being the amount recovered)]

.c
Professional tax paid by the employer [Perquisite includes any sum paid

payable by the employee]

es
by the employer in respect of any obligation which would have been 1,400
ot
Gross Salary 8,76,900
Less: Deduction under section 16
yn

Professional tax paid 2,200

Standard Deduction (Lower of ` 40,000 or amount of salary) 40,000

Taxable Salary 8,34,700
st

5. Computation of income from house property of Mr. Vihaan for A.Y. 2019-20
a
.c

Particulars ` `
w

1. Income from let-out property in Singapore [See

Note 1 below]
w

1Gross Annual Value (SGD 4,000 p.m. x 12 months x

24,48,000
w

` 51)
Less: Municipal taxes paid during the year [SGD 2,000
(SGD 1,250 + SGD 750) x ` 51]2 1,02,000
Net Annual Value (NAV) 23,46,000
Less: Deductions under section 24
(a) 30% of NAV 7,03,800

1 In the absence of information related to municipal value, fair rent and standard rent, the rent receivable has
been taken as the GAV
2 Both property tax and sewerage tax qualify for deduction from gross annual value

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162 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(b) Interest on housing loan - 7,03,800

16,42,200
2. Income from self-occupied property in Pune
Annual Value [Nil, since the property is self-occupied] NIL
[No deduction is allowable in respect of municipal taxes paid
in respect of self-occupied property]
Less: Deduction in respect of interest on housing loan [See 2,00,000
Note 2 below]
(2,00,000)
Income from house property [` 16,42,200 – ` 2,00,000] 14,42,200

m
Notes:

o
(1) Since Mr. Vihaan is a resident but not ordinarily resident in India for A.Y. 2019-20,

.c
income which is, inter alia, received in India shall be taxable in India, even if such
es
income has accrued or arisen outside India by virtue of the provisions of section 5(1).
Accordingly, rent received from house property in Singapore would be taxable in India
since such income is received by him in India.
ot
(2) Interest on housing loan for construction of self-occupied
yn

property allowable as deduction under section 24

Interest for the current year (` 25,00,000 x 12%) ` 3,00,000

Pre-construction interest
st

For the period 01.06.2014 to 31.03.2016 (` 25,00,000 x 12% x

22/12) = ` 5,50,000
.c

` 5,50,000 allowed in 5 equal installments (` 5,50,000/5) ` 1,10,000

` 4,10,000
w

In case of self-occupied property, interest deduction to be

restricted to ` 2,00,000
w

6. Computation of depreciation under section 32 for A.Y. 2019-20

Particulars ` `
Machinery X, Machinery Y and Machinery Z acquired 58,00,000
from Sahaj Ltd. (Since payment is made to Sahaj Ltd by
way of use of ECS and the machineries were put to use
for more than 180 days during the previous year,
depreciation is allowable @15%)
Machinery L acquired from Swayam Ltd. in cash and NIL

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PAPER – 4: TAXATION 163

installed on 8.8.2018 [Since payment of ` 35 lakhs is

made otherwise than by account payee cheque/bank
draft or use of ECS, the said amount will not be included
in actual cost and hence, depreciation not allowable]
Second hand Machinery M from Sunshine Ltd on
18.12.2018 assuming it is installed and put to use in P.Y.
2018-19. [Since payment is made to Sunshine Ltd by way
of use of ECS] 15,00,000
Actual Cost 73,00,000
Depreciation for P.Y.2018-19
Depreciation@15% on Machineries X, Y and Z on ` 58 8,70,000

m
lakhs
Depreciation@7.5% (50% of 15%) on ` 15 lakhs for

o
Machinery M since it is put to use for less than 180 days 1,12,500

.c
es 9,82,500
Additional Depreciation@35% on ` 58 lakhs, since the 20,30,000
machinery is acquired and installed for a manufacturing
ot
unit set up in a notified backward area in the state of
yn

Andhra Pradesh
Additional depreciation is not allowable on second hand -
ud

machinery
Depreciation under section 32 for A.Y. 2019-20 30,12,500
st

7. Computation of income chargeable under the head “Capital Gains” for A.Y.2019 -20
a
.c

Particulars ` `
(in lakhs) (in lakhs)
w

Capital Gains on sale of residential building

Actual sale consideration ` 810 lakhs

Value adopted by Stamp Valuation Authority ` 870 lakhs

Gross Sale consideration 870.00
[Where the actual sale consideration declared by the
assessee on the date is less than the value adopted by the
Stamp Valuation Authority for the purpose of charging stamp
duty, and such stamp duty value exceeds 105% of the actual
sale consideration then, the value adopted by the Stamp
Valuation Authority shall be taken to be the full value of
consideration as per section 50C.

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164 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

However, where the date of agreement is different from the

date of registration, stamp duty value on the date of
agreement can be considered provided the whole or part of
the consideration is received by way of account payee
cheque/bank draft or by way of ECS through bank account on
or before the date of agreement.
In this case, since advance of ` 80 lakh is received by cash,
stamp duty value on the date of agreement cannot be adopted
as the full value of consideration. Stamp duty value on the date
of registration would be considered for determining the full
value of consideration, since such value exceeds 105% of
` 810 lakhs]

m
Less: Brokerage@1% of sale consideration (1% of ` 810
lakhs)

o
8.10

.c
Net Sale consideration 861.90
Less: Indexed cost of acquisition es
- Cost of vacant land, ` 80 lakhs, plus registration
and other expenses i.e., ` 8 lakhs, being 10% of
ot
cost of land [` 88 lakhs × 280/113] 218.05
yn

- Construction cost of residential building (` 100

lakhs x 280/122) 229.51 447.56
ud

Long-term capital gains 3 before exemption 414.34

Less: Exemption under section 54 130.00

The capital gain arising on transfer of a long-term
a

residential property shall not be chargeable to tax to the

extent such capital gain is invested in the purchase of

one residential house property in India one year before

or two years after the date of transfer of original asset.
w

Therefore, in the present case, the exemption would be

available only in respect of the residential house

acquired at Delhi and not in respect of the residential
house in UK
Less: Exemption under section 54EC 50.00
Amount deposited in capital gains bonds of NHAI within
six months after the date of transfer (i.e., on or before
13.7.2019), of long-term capital asset, being land or
building or both, would qualify for exemption, to the

3 Since the residential house property was held by Mrs. Yuvika for more than 24 months immediately preceding
the date of its transfer, the resultant gain is a long-term capital gain

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PAPER – 4: TAXATION 165

maximum extent of ` 50 lakhs, whether such investment

is made in the current financial year or subsequent
financial year.
Therefore, in the present case, exemption can be availed
only to the extent of ` 50 lakh out of ` 97 lakhs, even if
the both the investments are made on or before
13.7.2019 (i.e., within six months after the date of
transfer).
Long term capital gains chargeable to tax 234.34
Note: Advance of ` 20 lakhs received from Mr. Johar, would have been chargeable to tax
under the head “Income from other sources”, in the A.Y. 2016-17, as per section 56(2)(ix),

m
since the same was forfeited on or after 01.4.2014 as a result of failure of negotiation.

o
Hence, the same should not be deducted while computing indexed cost of acquisition.

.c
8. Computation of Total Income of Mr. Raghav for A.Y. 2019-20
Particulars
es ` ` `
Profits and gains from business and
ot
profession
yn

Income from chartered accountancy 15,00,000

profession
ud

Less: Loss from house property (can be set-off 2,00,000 13,00,000

to the extent of ` 2,00,000, as per section
st

71(3A).
a

Capital gains
.c

Long term capital gain under section 112 4,00,000

Less: Short term capital loss set off against
w

long-term capital gain as per section 74 (4,00,000) Nil

Income from other sources

Income of minor son Rahul

Income from company deposit includible in 1,75,000
the hands of Mr. Raghav as per section
64(1A)
Less: Exemption in respect of income of minor
child u/s 10(32) 1,500 1,73,500
Income of minor daughter Riya
- Income of ` 20,00,000 of minor daughter Nil
Riya (professional dancer) not includible in the

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166 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

hands of parent, since such income is earned

on account of her special skills
- Interest received on deposit with Canara
Bank made out of amount earned on account
of her special talent is includible as per section
20,000
64(1A), since interest income arises out of
deposit made and not on account of her special
skills
- Gift of ` 45,000 received by her from friends Nil
of Mr. Raghav is not taxable under section
56(2)(x), since the aggregate amount from
non-relatives does not exceed ` 50,000

m
Less: Exemption in respect of income of minor 1,500 18,500
child u/s 10(32) 1,92,000

o
.c
Total Income 14,92,000
es
Losses to be carried forward to A.Y.2020-21
Particulars
ot
`
Loss from house property [` 2.50,000 – ` 2,00,000] 50,000
yn

Short term capital loss under section 111A 10,00,000

Short term capital loss (other than above) [` 6,00,000 – ` 4,00,000] 2,00,000
Note – Short-term capital loss under section 111A can also be set-off against long-term
st

capital gains under section 112. In such a case, the losses to be carried forward to
a

A.Y.2020-21 would be as under –

Particulars `
w

Loss from house property [` 2.50,000 – ` 2,00,000] 50,000

Short term capital loss under section 111A [` 10,00,000 – ` 4,00,000] 6,00,000
w

Short term capital loss (other than above) 6,00,000

9. Computation of Total Income of Mr. Arihant for A.Y. 2019-20
Particulars ` ` `
Gross Total Income 7,50,000
Less: Deduction under Chapter VI-A
Under section 80C 60,000
- Life insurance premium of ` 70,000
(restricted to ` 60,000 i.e., 15% of ` 4,00,000,
being the sum assured, since the policy has

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PAPER – 4: TAXATION 167

been taken on or after 01.04.2013, in respect

of his handicapped son suffering from
disability u/s 80U)
- Tax saver deposit of ` 90,000 in the name of
his major son does not qualify for deduction
under section 80C, since such deposit has to
be made in the name of the assessee himself
Nil 60,000
to qualify for deduction u/s 80C
Under section 80D
- Medical insurance premium for self and his
wife, pertaining to the previous year 2018-19
is ` 26,000, being 1/3rd of ` 78,000, the

m
lumpsum premium, since the policy would be

o
in force for three previous years. The said
25,000

.c
deduction would be restricted to
- Deduction in respect of medical expenditure
es
of ` 54,000 for his father, being a senior
citizen would be allowable, since no insurance
ot
policy is taken in his name, to the extent of 50,000 75,000
yn

Under section 80G

- Contribution by a resident towards the Clean
ud

Ganga Fund, set up by the Central

Government would be eligible for 100%
st

deduction without any qualifying limit. 25,000 1,60,000

Total Income 5,90,000

10. Computation of total income of Ms. Radhika for A.Y. 2019-20

Particulars ` `
w

Income from house property

Arrears of rent [Taxable, even if Ms. Radhika is no longer 2,85,000

the owner of house property]
Less: 30% of arrears of rent 85,500 1,99,500
Profits and gains of business or profession
Interest on capital @12%, being the maximum allowable 3,60,000
interest [` 4,50,000/15% x 12%] assuming interest@12% is
authorized by the partnership deed and has been allowed
as deduction while computing the income of the firm
Share of profit from TVA & Co., a firm [Exempt] -

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168 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Amount received under Keyman Insurance Policy 4,35,000 7,95,000

Income from other sources
Winning from a TV Game show (Gross) [` 77,000 x 1,10,000
100/(100-30)]
Gift received from father’s brother would be exempt, since -
father’s brother falls within the definition of relative
Gift received from her close friend would be taxable, since 80,000
it exceeds ` 50,000
Rent received for a vacant plot of land [` 3,03,300/90 x 100] 3,37,000
Amount forfeited on cancellation of agreement for transfer 3,10,000

m
of vacant plot
Agricultural income from agricultural land at Dhaka, 5,20,000

o
Bangladesh

.c
[not exempt, since such income is derived from land outside
India] es
Interest credited in PPF account [Exempt] - 13,57,000
ot
Gross Total Income 23,51,500
yn

Less: Deductions under Chapter VI-A

Section 80C
ud

PPF subscription in the name of minor daughter 1,25,000

Section 80G
st

Donation of ` 22,000 to a charitable trust registered u/s

12AA is not allowable as deduction since the same is made

in cash in excess of ` 2,000 -

1,25,000
w

Total Income 22,26,500

w
w

Computation of tax liability of Ms. Radhika for A.Y. 2019-20

Particulars ` `
Tax on winnings of ` 1,10,000 from TV game show @30% 33,000
Tax on balance income of ` 21,16,500
Upto ` 2,50,000 Nil
` 2,50,001 – ` 5,00,000@5% 12,500
` 5,00,001 - ` 10,00,000@20% 1,00,000
` 10,00,001 - ` 21,16,500@30% 3,34,950 4,47,450
4,80,450

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PAPER – 4: TAXATION 169

Add: Health and Education cess@4% 19,218

Tax liability 4,99,668
Less: TDS
Under section 194-I 33,700
Under section 194B 33,000 66,700
Tax payable 4,32,968
Tax payable (rounded off) 4,32,970
11. Computation of interest payable under section 234B by Mr. Chandra Prakash
Particulars `

m
Tax on total income of ` 15,05,000 [Business income of ` 12,00,000 2,64,000
(See Note below) + Income from other sources of ` 3,05,000]

o
Add: Health and Education cess @4% 10,560

.c
Tax on total income es 2,74,560
Less: Tax deducted at source 55,000
ot
Assessed Tax 2,19,560
yn

90% of assessed tax 1,97,604

Advance tax paid on 14-3-2019 1,45,000
ud

Interest under section 234B is leviable since advance tax of `1,45,000

paid is less than `1,97,604, being 90% of assessed tax
st

Number of months from 1 st April, 2019 to 15th December, 2019, being 9

the date of payment of self-assessment tax

Interest under section 234B@1% per month or part of a month for 9

months on ` 74,500 [i.e., difference between assessed tax of

` 2,19,560 and advance tax of `1,45,000 paid being ` 74,560 which is
w

6,705
rounded off to ` 74,5004]
w

Interest under section 234B rounded off

6,710

Note: The presumptive income computed under section 44AD would

be ` 12 lakhs, being 8% of ` 45 lakhs and 6% of ` 140 lakhs.

4 Rounded off under Rule 119A of Income-tax Rules, 1962

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170 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

12. Mr. Sharma has furnished his return of income for A.Y.2019-20 on 25.9.2019, i.e., after
31st July 2019, being the due date specified under section 139(1). Hence, the return is a
belated return under section 139(4).
As per section 80 read with section 139(3), specified losses, which have not been
determined in pursuance of a return of loss filed within the time specified in section 139(1),
cannot be carried forward to the subsequent year for set-off against income of that year.
The specified losses include, inter alia, business loss but does not include loss from house
property and unabsorbed depreciation.
Accordingly, business loss of ` 9,80,000 of Mr. Sharma for A.Y. 2019-20, not determined
in pursuance of a return of loss, filed within the time specified in section 139(1), cannot be
carried forward to A.Y.2020-21.

m
However, the loss of ` 50,000 from house property and unabsorbed depreciation of

o
` 3,25,000 pertaining to A.Y.2019-20, can be carried forward to A.Y.2020-21 for set-off,

.c
even though Mr. Sharma has filed the return of loss for A.Y.2019-20 belatedly.
es
ot
yn
ud
a st
.c
w
w
w

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SECTION B: INDIRECT TAXES

QUESTIONS

(1) All questions should be answered on the basis of the position of GST law as
amended up to 30.04.2019.
(2) The GST rates for goods and services mentioned in various questions are
hypothetical and may not necessarily be the actual rates leviable on those goods
and services. Further, GST compensation cess should be ignored in all the
questions, wherever applicable.
1. Miss. Raksha is engaged in providing private coaching services in Noida, Uttar Pradesh

m
and is not registered under GST till 25-Sep-20XX. Her aggregate turnover is
`19,00,000/- on 30-Sep-20XX. She got GST registration on 30-Sep-20XX. Which of the

o
following options are available to her?

.c
(a) She can pay tax @ 18%, charge it from customer and avail full input tax credit on
es
procurements made.
(b) She can pay tax @ 6% under exemption scheme for service providers but she
ot
cannot charge GST from customer and also cannot avail input tax credit.
yn

(d) Either (a) or (b)

2. Mr. Arun, a registered supplier, is engaged in selling sweets. The sweets are sold in
boxes and the cost of each sweet box is ` 500/-. In order to increase his turnover, he
a

purchased certain juice cans @ ` 20/- each and added juice can with every sweet box as
.c

a gift. A sweet box along with free juice can is sold at `500/- each.
w

Which of the statements is correct?

(a) He is liable to pay tax on `520/- and eligible to claim input tax credit on purchase of
juice cans
w

(b) He is liable to pay tax on `500/- and not eligible to claim input tax credit on
purchase of juice cans
(c) He is liable to pay tax on `500/- and also eligible to claim input tax credit on
purchase of juice cans
(d) Either (a) or (b)
3. Which is not considered as supply under GST Law?
(a) Stock transferred from one establishment in Delhi to another establishment in
Gurgaon, Haryana registered under same PAN.

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172 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(b) CA Ram supplies accounting services to CA Radha in lieu of taxation services

received from CA Radha.
(c) A Health club supplies lunch to its members at its annual meeting against a nominal
charge.
(d) Mr. A sells a flat to Mr. B
(i) Date of completion certificate - 31/01/20XX
(ii) Date of agreement with buyer - 01/02/20XX
(iii) Consideration received - 05/02/20XX
4. With reference to the provisions relating to transaction value under section 15 of the
CGST Act, 2017, which of the following is not correct?

m
(a) Central excise duty will not be included in transaction value for supply of tobacco.

o
(b) Municipal taxes paid by tenant will be included in transaction value for supply of

.c
renting service.
es
(c) Entertainment tax included in movie ticket will form part of transaction value.
(d) Customer makes payment of freight which is payable by the supplier, directly to the
ot
service provider. However, supplier does not include this amount in the invoice.
yn

Such amount will be included in transaction value of the supplier.

5. Which of the following services are notified under section 9(3) of CGST Act, 2017 or
ud

section 5(3) of IGST Act, 2017 the tax on which shall be paid on reverse charge basis by
the recipient of such supply:
st

(i) Supply of security services provided by a person other than a body corporate to a
a

composition taxpayer
.c

(ii) Services supplied by an insurance agent to insurance company located in taxable

territory
(iii) Supply of services by way of renting of hotel accommodation through e-commerce
w

operator.
w

(iv) Supply of notified categories of goods or services or both by a supplier, who is not
registered, to specified class of registered persons.
Choose from the following options:
(a) (i) & (ii)
(b) Only (ii)
(c) (i), (ii), (iii)
(d) (i) & (iv)

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PAPER – 4: TAXATION 173

6. M/s. Comfortable (P) Ltd. is registered under GST in the State of Odisha. It is engaged
in the business of manufacturing of iron and steel products. It has received IT
engineering services from M/s. High-Fi Infotech (P) Ltd. for ` 11,00,000/- (excluding GST
@ 18%) on 28-Oct-20XX. Invoice for service rendered was issued on 5-Nov-XX. M/s
Comfortable (P) Ltd. made part-payment of ` 4,20,000/- on 30-Nov-XX. Being unhappy
with service provided by M/s High-fi Infotech (P) Ltd., it did not make the balance
payment. Deficiency in service rendered was made good by M/s High-Fi Infotech (P) Ltd.
by 15-Feb-XY. M/s. Comfortable (P) Ltd. made payment of ` 3,00,000/- on 15-Feb-XY
and balance payment was made on 6-June-20XY, i.e. after 180 days of issue of invoice.
Input tax credit available in respect of IT engineering services received from M/s. High -Fi
Infotech (P) Ltd. in financial year 20XX-XY:

m
(a) ` 1,98,000/-
(b) Nil

o
.c
(c) ` 64,068/-
(d) ` 1,09,831/- es
7. Mr. Dev Anand is engaged in providing services of facilitating sale and purchase of
ot
securities to various clients. He is also engaged in trading of securities. His turnover
details are as follows:
yn

Trading of securities ` 40,00,000/-

Brokerage on account of facilitating transactions in securities ` 30,00,000/-

You are required to ascertain aggregate turnover of Mr. Dev Anand under GST:
st

(a) ` 30,00,000/-
a

(b) ` 40,00,000/-
.c

(d) ` NIL.
w

8. Mr. Pappu Singh, commenced his business in Feb-20XX. He has established following
w

units:
1. Unit A (in SEZ) and Unit B (non-SEZ) in the State of Maharashtra
2. Unit C in Delhi
3. Unit D and E in the State of Goa
Mr. Pappu Singh has approached you to help him in determining the States and number
of registrations he is required to take under GST (presuming the fact that he is making
taxable supply from each State and his aggregate turnover exceeds the threshold limit):
(a) Maharashtra-2: Delhi-1, Goa–Optional 1 or 2

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174 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(b) Maharashtra-Optional 1 or 2: Delhi-1, Goa-Optional 1 or 2

(c) Maharashtra-1: Delhi-1, Goa-1
(d) Maharashtra-2: Delhi-1, Goa-2
9. A non-resident taxable person is required to apply for registration:
(a) within 30 days from the date on which he becomes liable to registration
(b) within 60 days from the date on which he becomes liable to registration
(c) at least 5 days prior to the commencement of business
(d) None of the above
10 Which of the following activity shall be treated neither as a supply of goods nor a suppl y

m
of services?

o
(i) Permanent transfer of business assets where input tax credit has been availed on

.c
such assets
es
(ii) temporary transfer of intellectual property right
(iii) transportation of deceased
ot
(iv) services by an employee to the employer in the course of employment
yn

(a) (i) & (iii)

(b) (ii) & (iv)
ud

(c) (i) & (ii)

(d) (iii) & (iv)

11. Examine whether the supplier is liable to get registered in the following independent
.c

cases:-
(i) Raghav of Assam is exclusively engaged in intra-State taxable supply of readymade
w

garments. His turnover in the current financial year (FY) from Assam showroom is
w

` 28 lakh. He has another showroom in Tripura with a turnover of ` 11 lakh in the

current FY.
(ii) Pulkit of Panjim, Goa is exclusively engaged in intra-State taxable supply of shoes.
His aggregate turnover in the current financial year is ` 22 lakh.
(iii) Harshit of Himachal Pradesh is exclusively engaged in intra-State supply of pan
masala. His aggregate turnover in the current financial year is ` 24 lakh.
(iv) Ankit of Assam is exclusively engaged in intra-State supply of taxable services. His
aggregate turnover in the current financial year is ` 25 lakh.
(v) Sanchit of Assam is engaged in intra-State supply of both taxable goods and
services. His aggregate turnover in the current financial year is ` 30 lakh.

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PAPER – 4: TAXATION 175

12. Mr. Ajay has a registered repair centre where electronic goods are repaired/serviced.
His repair centre is located in State of Rajasthan and he is not engaged in making any
inter-State supply of services. His aggregate turnover in the preceding financial year
(FY) is ` 45 lakh.
With reference to the provisions of the CGST Act, 2017, examine whether Mr. Ajay can
opt for the composition scheme in the current financial year (FY)? Is he eligible to avail
benefit of concessional payment of tax under Notification No. 2/2019 CT (R) dated
07.03.2019? Considering the option of payment of tax available to Mr. Ajay, compute the
amount of tax payable by him assuming that his aggregate turnover in the current
financial year is ` 35 lakh.
Will your answer be different if Mr. Ajay procures few items required for providing repair

m
services from neighbouring State of Madhya Pradesh?

o
13. Advise regarding availability of input tax credit (ITC) under the CGST Act, 2017 in the

.c
following independent cases:-
(i) es
AMT Co. Ltd. purchased a mini bus having seating capacity of 16 persons for
transportation of its employees from their residence to office and back.
ot
(ii) Bangur Ceramics Ltd., a manufacturing company purchased two trucks for
transportation of its finished goods from the factory to dealers located in various
yn

locations within the country.

(iii) “Hans premium” dealing in luxury cars in Chankyapuri, Delhi purchased five Skoda
VRS cars for sale to customers.
st

(iv) Sun & Moon Packers Pvt. Ltd. availed outdoor catering service to run a canteen in
its factory. The Factories Act, 1948 requires the company to set up a canteen in its
a

factory.
.c

14. M/s. Flow Pro sold a machine to BP Ltd. It provides the following particulars in this
w

regard:-
w

S. Particulars `
w

No.
(i) Price of the machine (excluding taxes and incidental charges) 30,000
(ii) Machine was subject to third party inspection. The inspection 5,000
charges have been directly paid by BP Ltd. to the inspection agency.
(ii) Freight charges for delivery of the machine (M/s Flow Pro has agreed 2,000
to deliver the goods at BP Ltd’s premises)
(iv) Subsidy received from State Government on sale of machine under 5,000
skill Development Programme. [The subsidy is directly linked to the
price].

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176 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(v) Discount of 2% is offered to BP Ltd. on the price and recorded in the

invoice
Note: Items given in S. No. (ii) to (v) have not been considered in the price at S. No. (i).
Determine the value of taxable supply made by M /s Flow Pro to BP Ltd.
15. State with reasons, whether GST is payable in the following independent cases:-
(i) Services provided to recognized sports body as curator of national team.
(ii) Services provided by way of transportation of passenger in Metered Cab.
(iii) Services by way of public conveniences such as provision of facilities of
washrooms.

m
(iv) Services provided by a player to a franchisee which is not a recognized sports body.

o
16. Mahak Sons is a registered supplier of electronic items and pays GST under regular

.c
scheme. On 15th July 20XX, Mahak Sons received an order from Sunder Trader for
supply of a consignment of electronic items. Mahak Sons gets the consignment ready by
es
20th July 20XX. The invoice for the consignment was issued the next day, 21st July 20XX.
Sunder Trader could not collect the consignment immediately. Sunder Trader collects the
ot
consignment from the premises of Mahak Sons on 30 th July 20XX and hands over the
cheque towards payment on the same date. The said payment is entered in the books of
yn

accounts of Mahak Sons on 31 st July, 20XX and amount is credited in their bank account
on 1st August 20XX.
ud

You are required to determine the time of supply of the electronic items for the purpose
st

of payment of tax.
17. ABC Ltd., a registered supplier has made following taxable supplies to its customer Mr. P
a

in the quarter ending 30 th June, 20XX.

Date Bill No. Particulars Invoice value

(including GST) [`]

5th April, 20XX 102 Notebooks [10 in numbers] 1,200

10th May, 20XX 197 Chart Paper [4 in number] 600

20th May, 20XX 230 Crayon colors [2 packets] 500
2nd June, 20XX 254 Poster colors [5 packets] 900
22 June, 20XX
nd 304 Pencil box [4 sets] 700
Goods in respect of bill no. 102, 230 and 254 have been returned by Mr. P. You are
required to advise ABC Ltd. whether it can issue consolidated credit note against all the
three invoices?

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PAPER – 4: TAXATION 177

18. Mr. X, a supplier of goods, pays GST under regular scheme. The amount of input tax
credit (ITC) available and output tax liability under different tax heads is as under:-
Head Output tax liability ITC
IGST 2,000 4,000
CGST 800 2,000
SGST/ UTGST 2,500 500
Compute the minimum GST payable in cash by Mr. X. Make suitable assumptions as
required.

m
SUGGESTED ANSWERS/HINTS

o
1. (d)

.c
2. (c) es
3. (d)
ot
4. (a)
yn

5. (b)
6. (a)
ud

7. (a)
8. (a)
st

9. (c)
a
.c

10. (d)
11. As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated
w

07.03.2019, a supplier is liable to be registered in the State/Union territory from where he

makes a taxable supply of goods and/or services, if his aggregate turnover in a financial
w

year exceeds the threshold limit. The threshold limit for a person making exclusive intra -
State taxable supplies of goods is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry,
Sikkim, Telangana and Uttarakhand.
(c) ` 40 lakh for rest of India. However, the higher threshold limit of ` 40 lakh is not
available to persons engaged in making supplies of ice cream and other edible ice,
whether or not containing cocoa, Pan masala and Tobacco and manufactured tobac co
substitutes.

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178 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

The threshold limit for a person making exclusive taxable supply of services or supply of
both goods and services is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the rest of India.
In the light of the afore-mentioned provisions, the answer to the independent cases is as
under:-
(i) Raghav is eligible for higher threshold limit of turnover for registration, i.e. ` 40 lakh
as he is exclusively engaged in intra-State supply of goods. However, since
Raghav is engaged in supplying readymade garments from a Special Category
State i.e. Tripura, the threshold limit gets reduced to ` 10 lakh. Thus, Raghav is

m
liable to get registered under GST as his turnover exceeds `10 lakh. Further, he is
required to obtain registration in both Assam and Tripura as he is making taxable

o
supplies from both the States.

.c
(ii) The applicable threshold limit for registration for Pulkit in the given case is ` 40 lakh
es
as he is exclusively engaged in intra-State taxable supply of goods. Thus, he is not
liable to get registered under GST as his turnover is less than the threshold limit.
ot
(iii) Harshit being exclusively engaged in supply of pan masala is not eligible for higher
yn

threshold limit of `40 lakh. T he applicable threshold limit for registration in this
case is `20 lakh. Thus, Harshit is liable to get registered under GST.
ud

(iv) Though Ankit is dealing in Assam, he is not entitled for higher threshold limit for
registration as the same is applicable only in case of exclusive supply of goods
st

while he is exclusively engaged in providing services. Thus, the applicable

threshold limit for registration in this case is ` 20 lakh and hence, Ankit is liable to
a

get registered under GST.

(v) Since Sanchit is engaged in supply of both taxable goods and services, the
w

applicable threshold limit for registration in his case is ` 20 lakh. Thus, Sanchit is
w

liable to get registered under GST as his turnover is more than the threshold limit.
w

12. Section 10 of the CGST Act, 2017 provides that a registered person, whose aggregate
turnover in the preceding financial year did not exceed ` 1.5 crore (` 75 lakh in Special
Category States except Assam, Himachal Pradesh and Jammu and Kashmir), may opt to
pay, in lieu of the tax payable by him, an amount calculated at the specified rates.
However, if, inter alia, such registered person is engaged in the supply of services other
than restaurant services, he shall not be eligible to opt for composition levy.
In the given case, since Mr. Ajay is a supplier of repair services, he is not eligible for
composition scheme even though his aggregate turnover in the preceding FY does not
exceed ` 1.5 crore. Therefore, he has to discharge his tax liability under regular
provisions at the applicable rates.

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PAPER – 4: TAXATION 179

However, with effect from 01.04.2019, Notification No. 2/2019 CT (R) dated 07.03.2019
has provided an option to a registered person whose aggregate turnover in the preceding
financial year is upto ` 50 lakh and who is not eligible to pay tax under composition
scheme, to pay tax @ 3% [Effective rate 6% (CGST+ SGST/UTGST)] on first supplies of
goods and/or services upto an aggregate turnover of ` 50 lakh made on/after 1st April in
any FY, subject to specified conditions.
Thus, in view of the above-mentioned provisions, Mr. Ajay is eligible to avail the benefit
of concessional payment of tax under Notification No. 2/2019 CT (R) dated 07.03.2019
as his aggregate turnover in the preceding FY does not exceed ` 50 lakh and he is not
eligible to opt for the composition scheme.
Thus, the amount of tax payable by him under Notification No. 2/2019 CT (R) dated

m
07.03.2019 is ` 2,10,000 [6% of ` 35 lakh].
A registered person cannot opt for Notification No. 2/2019 CT (R) dated 07.03.2019, if

o
inter alia, he is engaged in making any inter-State outward supplies. However, there is

.c
no restriction on inter-State procurement of goods. Hence, answer will remain the same
es
even if Mr. Ajay procures few items from neighbouring State of Madhya Pradesh.
13. (i) Section 17(5) of the CGST Act, 2017, inter alia, blocks input tax credit in respect of
ot
motor vehicles for transportation of persons having approved seating capac ity of not
more than 13 persons (including the driver), except when they are used for certain
yn

specified purposes.
ud

Since in the given case, the mini bus has a seating capacity of 16 persons, the ITC
thereon will not be blocked.
st

(ii) Section 17(5) of the CGST Act, 2017, inter alia, blocks input tax credit in respect of
motor vehicles for transportation of persons with certain exceptions. Thus, ITC
a

on motor vehicles for transportation of goods is allowed unconditionally.

Therefore, ITC on trucks purchased by Bangur Ceramics Ltd for transportation of its
w

finished goods from the factory to dealers located in various locations within the
w

country is allowed.
w

(iii) Section 17(5) of the CGST Act, 2017, inter alia, blocks input tax credit in respect of
motor vehicles for transportation of persons having approved seating capacity of not
more than 13 persons (including the driver), except when they are used for making
further supply of such motor vehicles.
Being a dealer of cars, “Hans Premium” has purchased the cars for further supply.
Therefore, ITC on such cars is allowed even though seating capacity is less than
13.
(iv) Section 17(5) of the CGST Act, 2017 inter alia, blocks input tax credit in respect of
outdoor catering services. However, ITC is available on such services, when the
same are provided by an employer to its employees under a statutory obligation.

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180 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

Thus, in view of the above- mentioned provisions, Sun & Moon packers Pvt. Ltd.
can avail ITC in respect of outdoor catering services availed by it as the same is
being provided under a statutory obligation.
14. Computation of value of taxable supply
Particulars `
Price of the machine (Price ` 30,000 - ` 5,000 subsidy) [Note-1] 25,000
Third party inspection charges [Note-2] 5,000
Freight charges for delivery of the machine value [Note-3] 2,000
Total 32,000

m
Less: Discount @ 2% on ` 30,000 being price charged to BP Ltd.
[Note-4] 600

o
Value of taxable supply 31,400

.c
Notes:- es
1. Since subsidy is received from State Government, the same is deductible to arrive
ot
at taxable value under section 15 of the CGST Act, 2017.
yn

2. Any amount that the supplier is liable to pay in relation to such supply but has been
incurred by the recipient, is includible in the value of supply under section 15 of the
ud

CGST Act, 2017.

3. Since arranging freight is the liability of supplier, it is a case of composite supply
st

and thus, freight charges are added in the value of principal supply.
4. Discount given before or at the time of supply if duly recorded in the invoice is
a

deductible from the value of supply under section 15 of the CGST Act, 2017.
.c

15. (i) Services provided to a recognized sports body by an individual as a player, referee,
w

umpire, coach or team manager for participation in a sporting event organized by a

recognized sports body are exempt from GST vide Notification No. 12/2017 CT(R)
dated 28.06.2017. Thus, GST is payable in case of services provided to a
w

recognized sports body as curator of national team.

(ii) Service of transportation of passengers, with or without accompanied belongings,
inter alia, by metered cabs are specifically exempt from GST vide Notification No.
12/2017 CT(R) dated 28.06.2017. Thus, GST is not payable in this case.
(iii) Services by way of public conveniences such as provision of facilities of bathroom,
washrooms, lavatories, urinal or toilets are not liable to GST as it is specifically
exempt as per Notification No. 12/2017 CT(R) dated 28.06.2017. Thus, GST is not
payable in this case.

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PAPER – 4: TAXATION 181

(iv) Services provided by a player to a franchisee which is not a recognized sports body
is taxable as it is not exempt under Notification No. 12/2017 CT(R) dated
28.06.2017. Thus, GST is payable in this case.
16. As per section 12(2) of the CGST Act, 2017, the time of supply in respect of goods shall
be the earlier of the following two dates:-
(a) Date of issue of invoice/last date on which the invoice is required to be issued as
per section 31 of the CGST Act, 2017
(b) Date of receipt of payment
Further, as per Notification No. 66/2017 CT dated 15.11.2017, a registered person
(excluding composition supplier) has to pay GST on the outward supply of goods at the
time of supply as specified in section 12(2)(a) i.e., date of issue of invoice or the last date

m
on which invoice ought to have been issued in terms of section 31.

o
As per section 31(1), the invoice needs to be issued either before or at the time of

.c
removal (where supply involves movements of goods) of goods/delivery of goods/ making
goods available to the recipient. es
In this case, the invoice is issued before the removal of the goods and is thus, within the
ot
time limit prescribed under section 31(1). Therefore, time of supply for the purpose of
payment of tax is the date of issue of invoice, which is 21 st July, 20XX.
yn

17. Where one or more tax invoices have been issued for supply of any goods and/or
ud

services and
(a) the taxable value/tax charged in that tax invoice is found to exceed the taxable
st

value/tax payable in respect of such supply, or

(b) where the goods supplied are returned by the recipient, or

(c) where goods and/or services supplied are found to be deficient,

the registered person, who has supplied such goods and/or services, may issue to the
recipient one or more credit notes for supplies made in a financial year containing
w

prescribed particulars.
w

Thus, one (consolidated) or more credit notes can be issued in respect of multiple
invoices issued in a financial year without linking the same to individual invoices.
Hence, in view of the above-mentioned provisions, M/s ABC Ltd. can issue a
consolidated credit note for the goods returned in respect of all the three invoices.
18. Mr. X can use the ITC to pay his output tax liability. The order of utilisation of ITC is as
under:-
(i) IGST credit should first be utilized towards payment of IGST.
(ii) Remaining IGST credit, if any, can be utilized towards payment of CGST
and SGST/UTGST in any order and in any proportion.

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182 INTERMEDIATE (NEW) EXAMINATION: NOVEMBER, 2019

(iii) Entire ITC of IGST should be fully utilized before utilizing the ITC of CGST
or SGST/UTGST.
(iv) ITC of CGST should be utilized for payment of CGST and IGST in that
order.
(v) ITC of SGST /UTGST should be utilized for payment of SGST/UTGST and
IGST in that order. However, ITC of SGST/UTGST should be utilized for
payment of IGST, only after ITC of CGST has been utilized fully.
CGST credit cannot be utilized for payment of SGST/UTGST and SGST/UTGST credit
cannot be utilized for payment of CGST.
Computation of minimum GST payable in cash

m
Particulars CGST (`) SGST (`) IGST (`)

o
GST payable 800 2,500 2,000

.c
Less: ITC - (2,000)-IGST (2,000)-IGST
(800)-CGST
es(500) – SGST
Net GST payable in Nil Nil Nil
ot
cash
yn

Since sufficient balance of ITC of CGST is available for paying CGST liability and cross
utilization of ITC of CGST and SGST is not allowed, it is beneficial to use ITC of IGST to
ud

pay SGST (after paying IGST liability) to minimize cash outflow.

Note: GST law has been subject to frequent changes since its inception. Although
many clarifications are continually being issued by way of FAQs or otherwise, many
a

issues continue to arise on account of varying interpretations on several of its

provisions. Therefore, alternate answers may be possible for the above questions
w

depending upon the view taken.

w
w

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