Income Tax Amendment for Nov/ Dec 2018 Exam by CA Raj K Agrawal
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SM Notes by Swapnil Patni sir
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IMPORTANT TOPICS FOR CMA DECEMBER EXAM
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DIRECT TAX AMENDMENTS
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PAPER - 6 LAWS & ETHICS

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PAYMENT OF BONUS ACT , 1965
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Company Basic Concepts Short Notes
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📥 Transmission & Transfer of Share Short notes
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**MOST IMPORTANT QUESTION FROM LAW - ETHICS (15 MARKKS )**
1. What is the role of management accounting in ethics ?
2. A competent professional accountant in business is an invaluable asset to the company – Discuss ?
3. Short note on - " Healthy Competition "?
4. Recognition of Ethical issues in Business .
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**Prospectus Three Minute Quick Summary Revision
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A Company can raise capital in two ways.

One is by Private Placement and other is through a Public Offer.

When there is Public Offer, issuing a Prospectus is mandatory.

📬 Contents of a Prospectus:

1. Names and Addresses of Directors, Legal Advisors, Auditors.

2. Dates of Opening and Closing of Public Issue of Shares

3. Capital Structure of the Company

4. Minimum Subscription Amount

5. Details of Underwriting

Public Offer in Dematerialised Form:

Now it is mandatory for every company to issue shares to public through Demat Form, that means Online.

📬 Shelf Prospectus:

By applying for a Shelf Prospectus, a Company make more than one public offers.

This is similar to 'Travel As You Like' ticket in local city buses. Once you take this ticket, you can board any number of buses without taking ticket everytime.

The validity of Shelf Prospectus is One Year.

A Company which has applied for Shelf Prospectus, should file a separate document called 'Information Memorandum'.

📬 Red Herring Prospectus:

This is the prospectus issued to the public, but does not contain complete details.

For example, a Red Herring Prospectus normally does not contain the Price at which shares are being offered.

An RHP shall be filed with ROC at least 3 days before shares are open for subscription.

📬 Abridged Prospectus:

As the name suggests, this is a shortened form of the original prospectus.

Abridged Prospectus contains the most important details that a shareholder need to know.

Normally, a Prospectus will be of 200 pages long, where as an Abridged Prospectus is 2-3 pages long.

Who are liable for any Misstatement in Prospectus:

a. Directors

b. Promoters

c. Expert

What is the Punishment for Misstatement in Prospectus**:

Section 34 and Section 35 deals with Criminal and Civil Liabilities for such Misstatement.

Persons liable shall be punishable with imprisonment which may extend to 10 years.

The Persons liable shall also compensate for the losses suffered by the shareholders.
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*Quick Reference to " Payment of Gratuity Act, 1972 "*:-

1. Scope:- It is applicable to Whole of India Including J & K ( In case of plantations or ports, it shall not extend to the State of Jammu and Kashmir).

2. Applicability :-
# Factory
# Railway Company
# Mine & Oil
# Port
#Shop/ Establishment having 10 or more persons as a Employee.

3. Eligibility for Employees:-
# Employee as mentioned in above areas/ Sectors .
# Atleast 5 years of Service shall be completed in a Continuous nature.

4. Payment in case of:-
# Retirement
#Resignation
#Death
#Termination.
#superannuation.
# Disablement due to accident or disease. ( In this case Gratuity is Payable even if 5 years of Service is not Completed).

5. Other Important Points:-
# Maximum Amount of Gratuity Payable shall not be more than ₹ 20,00,000 ( Amendment Applicable date 29 th March, 2018 ).

# Insurance from LIC must be obtain by Employee ( other than CG & SG Employees).

# Wages as a calculation as per this act does not include Bonus, Commission, HRA , Other allowance Excluding DA.

# Once Act becomes Applicable, It Continues to apply If Employees strengths falls below 10.

# Imprisonment of Min 6 Months to Max 2 years and/Or fine upto 20,000 in case of Non- Payment of Gratuity.

# Imprisonment upto 1 year And/Or fine upto ₹10,000 in case of other Contraventions.
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