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your QuerieS


           lakhs aggregating to be ` 60 lakhs and would    1-4-2014. However, you can dispute the stamp
           be the cost of 60K sq.ft of land. The average   duty valuation in the same manner as you
           cost of land works out to  `  100 per sq.ft.    would dispute in case of sale of capital asset
           The difference between sale price and cost      being immovable property under section 50C.
           would be the profit on which you can claim      You may also opt to offer income under
           other expenses like salary, commission, etc.    section 44AD instead of maintaining books of
                                                           account. However, if your actual income is
           The difference between the stamp duty
           value and actual sale consideration would       more than the presumptive income computed
           be taxable as business income by applying       under section 44AD then such higher income
           section 43CA inserted with effect from          would be subjected to tax.
                                                                                                  lll







                             Corporate Laws





             Can a director be appointed directly with     as CSR activities in accordance with the
             the approval of shareholders in extra         section 135 of the Companies Act, 2013.
             ordinary General Meeting?
                                                           Therefore, CSR projects for employee of the
               es, the director can be appointed directly   company and their family members will not
           Ywith the approval of shareholders in           form part of CSR activities.
           the EGM/AGM without appointing him as             Is a Company required to get approval
           additional director, as ultimately the power      from board or shareholders for related
           to appoint the director in a company lies in      party transactions entered into ordinary
           the hands of shareholders of the company.
                                                             course of business?
           Board has only right to appoint director in
           few cases such as additional director or to        ection 188 of the Companies Act, 2013
           fill up a causal vacancy.                       Sstates that the company will not require the
                                                           approval of the board or shareholders if the
             Whether CSR projects for employee of the      transactions are entered into by the company
             Company and their family members will         with the related party in the ordinary course
             form part of CSR activity?                    of business and such transactions are on an
                                                           arm’s length basis.
               he CSR projects or activities only for the
           Tbenefits of employees of the company and                                              lll
           their family members shall not be considered














           162             January 20 To January 26, 2018 u Taxmann’s Corporate Professionals Today u Vol. 41 u 56
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