Corporate Updates – 28-09-2015


MCA has notified New Versions Of eForm’s AOC-4(Non-XBRL) (Form for filing financial statement and other documents with the Registrar ), MGT-7 (Form for filing annual return by a company), ADT – 2 (Application for removal of auditor(s) from his/their office before expiry of term) & SH – 9 (Declaration of Solvency) are available w.e.f 25th September, 2015 along with C&I Validation tool beta version. Further the Versions of forms CRA-4 (Form for filing Cost Audit Report with the Central Government) and CHG-4 (Particulars for satisfaction of charge thereof) are modified w.e.f 25th September, 2015. Only new version of the eForm will be acceptable. Stakeholders are requested to plan accordingly and ensure that you have downloaded the latest version for filing and uploading the latest version only. Form-wise date of last version change is available at on the website of MCA.


CBEC has issued Clarification regarding binding nature of circular and instructions w.r.t the judgments delivered by the Hon’ble Supreme Court on various aspects of Central Excise, Service Tax or Customs consequent upon the constitution of special bench on 28.02.2015 to expeditiously decide appeals in Indirect taxes. In one of the judgement Hon’ble Supreme Court has held that “Circular and instructions issued by the Board are no doubt binding in law on the authorities under the respective statutes, but a circular which is contrary to the statutory provisions has really no existence in law. Therefore, it is clarified that Board Circulars contrary to the judgments of Hon’ble Supreme Court become non-est in law and should not be followed. Reference of such circulars should be made to the Board so that further action of rescinding these circulars can be expeditiously taken up. All pending cases on the issue, including those in the Call-Book, decided after the date of the judgement should, confirm to the law laid by the Hon ’ble Supreme Court or High Court, as the case may be, irrespective of whether the circular has been rescinded or not.

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