CA
Tax Tutor
A
Q1Indian Contract Act, Companies Act, Environmental Ethics, Bu
5 marks medium
'N' an industrialist has been fighting a long drawn litigation with 'S' another industrialist. To support his legal campaign 'N' coffers the services of 'R' a legal expert stating that an estimate of ₹ 5 lakhs would be paid, if 'R' does not take up the brief of 'N', 'R' agrees, but at the end of the litigation 'N' refuses to pay. Decide whether 'R' can recover the amount promised by 'N' under the provisions of the Indian Contract Act, 1872.
Q1Payment of Bonus Act, 1965
4 marks medium
Decide as per the provisions of the Payment of Bonus Act, 1965 whether the employees will get the relief. Also decide whether in spite of the aforesaid agreement whether the employees are still entitled to receive minimum bonus.
Q2Payment of Gratuity Act, 1972
4 marks hard
'K' is an employee of Ramani Ltd., which works five days in a week. 'K' was not in continuous service during the financial year 2015-16. However, he worked only for 150 days and due to an accident arising in the course of his employment, he was on leave with full pay for 45 days. Referring to the provisions of the Payment of Gratuity Act, 1972 decide:
Q3Business Ethics and Ethical Dilemmas
4 marks medium
Mr Ram is a CEO of a pharmaceutical company. His R & D department, while experimenting with a chemical molecule, sees the possibility that the molecule may be developed into drug for a rare, genetic, life-threatening genetic disease that afflicts one child only in ten million. But to develop the drug, his company, may have to invest huge sum of the shareholders' money, despite the drug not having wide salability. Is Mr Ram confounded by an Ethical Dilemma? If yes, how should he resolve the issue?
Q3aIndian Contract Act, 1872 - Valid and Void Agreements
4 marks hard
State with reasons whether the following agreements are valid or void under the provisions of the Indian Contract Act, 1872: (1) Vijay agrees with Salim to sell his Mach horse for ₹ 3,00,000. Unknown to both the parties, the horse was dead at the time of the agreement. (2) Sarswati sells the goodwill of his shop to Vika for ₹ 10,00,000 and promises not to carry on such business here and anywhere in India.
Q3bIndian Contract Act, 1872
4 marks medium
Explain the meaning of 'Sell for [unlisted]' as per the provisions of the Indian Contract Act, 1872.
Q3cBusiness Ethics and Social Contract
4 marks medium
'To maintain social contract between society and business, the organization also citizens are expected'. Discuss the basis of business ethics in this reference.
Q3dEmotional Intelligence
4 marks medium
Discuss the terms 'Emotional Intelligence' and 'Emotional Quotient'. State any two social competencies associated with Emotional Intelligence.
Q4Company law - buyback of shares
4 marks medium
Would your answer be still the same in case the company instead of 50% decide to buy-back only 20% of its equity capital?
Q4Company law - prospectus
4 marks medium
When is a company required to issue a 'self prospectus' under the provisions of the Companies Act, 2013?
Q4Competition law
4 marks hard
'N', an investor was purchasing butter regularly from UDY Ltd. for the growth of her business. There were defects in the goods in one of the purchases and as a result 'N' suffered loss of his share in competition in food industry. The investor 'N' sued the said company for this reason. The company contended that the goods were purchased for her own use and therefore not bound. Is it a valid contention? Explain clearly the provisions of the Competition Act, 2002 in this regard.
Q4aCompanies Act, 2013 - Buy-back of Shares
4 marks hard
XYZ Company Ltd. at a general meeting of members of the company passes an ordinary resolution to buy-back 30% of its equity share capital. The Articles of the company empower the company for buy-back of equity shares. The company further decides that the payment for buy-back be made out of the proceeds of the company's earlier issue of equity shares. Explaining the provisions of the Companies Act, 2013, and stating the sources through which the buy-back of companies own shares be executed. Examine:
Q5Negotiable Instruments Act
4 marks hard
Discuss with reasons, in the following given conditions, whether 'M' can be called as a 'holder' under the Negotiable Instruments Act, 1881:
Q5Negotiable Instruments Act
4 marks hard
'T' by inducing 'U' obtaining a Bill of Exchange from the frivolously in his (f) favour. Later, he enters into a commercial deal with 'H' and endorses the Bill to him (H) towards consideration for the deal. 'J' takes the bill as a holder-in-due course. 'H' subsequently endorses the bill to 'J' for value as consideration to 'J' for some other deal. On maturity the bill is dishonoured. 'J' sues 'U' for the recovery of the money. With reference to the provisions of the Negotiable Instruments Act, 1881, explain whether 'J' will succeed in this case.
Q5Company law - debentures
4 marks medium
State with reference of the Companies Act, 2013, relating to the appointment of 'Debentures clause' by a company?
Q6Company law - general meeting
8 marks hard
SV Technologies Limited is proposing to convert a General Meeting of its members. Explain briefly the provisions of the Companies Act, 2013 relating to the procedure to be followed for transacting business of the general meeting through 'postal ballot'.
Q6Audit - certificates
4 marks medium
What is an affiliate? Draft an efficient certificate verifying that SF Ltd does not have any tax dues to the Central Government.
Q6Company law - dividends
4 marks easy
State whether the following statements are correct or incorrect: The shareholders of the company in general meeting cannot decrease the rate of dividend recommended by the Board of Directors.
Q7(a)Provident Fund, Employees' Provident Fund and Miscellaneous
4 marks hard
Pioneer Mills Ltd. has been regularly depositing the Provident Fund contribution to the Government. Owing to the share market conditions, the company suffered losses for the past two years. The company's management is considering the reduction of salary of the employees to reduce the company's contribution to Provident Fund and instead, to pay compensatory allowance so that the employees pay package remains the same. Explain in terms of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, whether the company can effect such reduction.
Q7(b)Bonds, Companies Act 2013, Board authority
4 marks hard
The Articles of Association of XYZ Ltd. provides that the Board of Directors has authority to issue fresh bonds provided such issue is authorized by the shareholders by a necessary resolution in the general meeting of the company. The company was in dire need of funds and therefore, it issued the bonds to Mr. X without passing any such resolution. Is the company bound to honor the bonds issued to Mr. X with reference to the relevant provisions of the Companies Act, 2013?
Q7(c)Charge registration, Companies Act 2013
4 marks hard
MNC Limited realized on 2nd May, 2016 that participations of shares created on 12th March, 2016 in favour of a Bank were not filed with Registrar of Companies for Registration. When executing the charge, the company follows to get the charge registered with the Registrar of Companies? Would the procedure be different if the charge was created on 12th February, 2016 instead of 12th March, 2016? Explain with reference to the relevant provisions of the Companies Act, 2013.
Q7(d)Employment discrimination, business organizations
4 marks medium
State the elements which create discrimination in employment in business organizations.
Q7(e)Active Listening, business communication
4 marks medium
What is meant by Active Listening? State the importance of active listening in the business communication skill.