Comment on the following: Debapriya was appointed as alternate director of Julien in Amal Housing Finance Ltd. The company was served a demand notice by Goods & Service Tax department for ₹ 25 lakh for violation of c
CS Executive · Company Law · PYQS · June 2021
Comment on the following: Debapriya was appointed as alternate director of Julien in Amal Housing Finance Ltd. The company was served a demand notice by Goods & Service Tax department for ₹ 25 lakh for violation of certain provisions of GST law. Due to cash crunch the CEO approached Debapriya for a help of ₹ 12 lakh. Debapriya borrowed ₹ 7.50 lakh from her sister's husband and gave to the company. The company recorded the same in its books of account.
Answer & Explanation:
Rule 2(1)(c)(viii) of the Companies (Acceptance of Deposits) Rules 2014, provides that any amount received from a person who, at the time of receipt of the amount, was a director of the company shall not be regarded as deposit, if the director from whom money is received, furnishes to the company at the time of giving the money, a declaration in writing that the amount is not being given out of funds acquired by him by borrowing or accepting loans or deposits from others. However, proviso to Section 73(1) read with Rule 1(3)(iii) of the Companies (Acceptance of Deposits) Rules 2014 excludes a housing finance company registered with National Housing Bank established under the National Housing Bank Act, 1987 from the provisions of Section 73 to 76A of the Companies Act, 2013 and the Companies (Acceptance of Deposits) Rules, 2014. So, the transaction of accepting money from the director recorded by Amal Housing Finance Ltd. in its book of account is not regarded as non-compliance of the provisions of the Companies Act 2013.
Topics: Directors
Related Questions in this Topic
- Jupiter Ltd. appointed Ashok as an Independent director for a term of three years. Upon completion of his first term, he...
- Metal Ltd. created a mortgage over its heavy machineries in respect of a loan given by the sister of Krish, a director o...
- Examine the validity of the following: Karna Kumar Baag, nominee director appointed by BICCI Bank Ltd. is removed from d...
- Examine the validity of the following: Sudarshan Chakraborty, aged 20, is appointed as independent director on the Board...
- Sukanya is director in nine public limited companies, one dormant public limited company and ten private limited compani...