Winding Up of Companies (Law, Accounting & Taxation)
- Year of Publication: 2020
- Edition: 1st
- ISBN: 978-93-86920-84-3
- No.of Pages: 569
Winding up is a means by which the dissolution of a company is brought about. The main purpose of winding up of a company is to realize the assets and pay the company’s debts expeditiously and fairly in accordance with the law. If any surplus is left, it is distributed among the members in accordance with their rights.
The procedures for Winding up of companies are provided under Chapter XX of the Companies Act, 2013 and Insolvency and Bankruptcy Code, 2016. Section 270 of the Companies Act, 2013 provides that the provisions of Part I of Chapter XX of the Companies Act, 2013 shall apply to the winding up of a company by the Tribunal under this Act. Section 59 of Chapter V of the Insolvency and Bankruptcy Code, 2016 deals with the Voluntary Liquidation of Corporate Persons. Part III of Chapter XX of the Companies Act, 2013 makes provisions which are applicable to every mode of winding up.
The Ministry of Corporate Affairs has notified Companies (Winding Up) Rules, 2020 on 24-1-2020 to be made effective from 1st day of April, 2020. Prior to that, on 15-1-2020, the Insolvency and Bankruptcy Board of India also notified Voluntary Liquidation Process (Amendment) Regulations, 2020 requiring operation and maintenance of Corporate Voluntary Liquidation Account. Accordingly, a need is felt for professionals at large to have a written compendium on the subject . This book is given as a humble attempt by the author to explain the law, accounting and taxation of winding up.
The present book discusses entire gamut of winding up in the following four divisions:
- Division I — Winding up under the Companies Act, 2013 with various Forms notified under Companies (Winding Up) Rules, 2020;
- Division II — Voluntary liquidation under the Insolvency and Bankruptcy Code, 2016 including regulations for Corporate Voluntary Liquidation Account;
- Division III — Accounting and Auditing aspects;
- Division IV — Taxation aspects.
CA. Kamal Garg is a Fellow Member of The Institute of Chartered Accountants of India (ICAI) and a First Class Commerce Baccalaureate from Deen Dayal Upadhyaya College, University of Delhi. He has also qualified post qualification course on Diploma in Information System Audit (DISA) conducted by ICAI. Besides this, he is also an Insolvency Professional registered with Insolvency and Bankruptcy Board of India (IBBI). He has also qualified Certificate Course on BRSR conducted by ICAI and Social Auditor Examination conducted by NISM.
He was also the member of Board of Studies (BOS), Study Material Research Group (2009-2010) of NIRC of ICAI and a special invitee member of Accounting Standards Board (ASB) [2012-2013, 2020-2021, 2022-2023, 2023-2024 and 2024-2025], Financial Reporting Review Group of FRRB-ICAI [2020-2021 and 2023-2024] and Ind-AS (IFRS) Implementation Committee [2014-2015 and 2021-2022] of ICAI. He is also a technical reviewer empanelled with FRRB-ICAI. He was also nominated as a special invitee member to the Committee on Banking, Insurance and Pension (2014-2015) of NIRC of ICAI. He is also the resource person for Peer Review Board (PRB), Ethical Standards Board (ESB), Sustainability Reporting Standards Board (SRSB), Research Committee, Committee on Economic, Commercial Laws and Economic Advisory (CECLEA), Corporate Laws and Corporate Governance Committee (CLCGC) and Committee on Financial Market and Investors’ Protection (CFMIP) of ICAI. He was also nominated as member of the Expert Panel for addressing queries related to Statutory Audit pertaining to Auditing Aspects by Auditing and Assurance Standards Board (AASB) of ICAI. He has also addressed on IFRS for the members of ‘National Board of Accountants and Auditors, Tanzania, East Africa’. He has also contributed to development of study and regulatory projects undertaken by Indian Institute of Insolvency Professionals of ICAI under the aegis of IBBI. He has also been a resource person for training CBI Inspectors in Insolvency and Bankruptcy Laws. Besides being a regular guest speaker for IFRS and Management Development Programmes at various forums including ICAI and ICSI, he is also an author of over dozens of book(s) and commentaries on and including ‘IFRS and Ind AS Concepts and Applications’, ‘Audit Trail – A Practical Guide’, ‘Covid 19 – Guide to Financial Reporting and Audit’, ‘Covid 19 Guide for Businesses and Professions’, ‘Concise Commentary on Companies Act’, Company Resolutions, Notices, Meetings and Minutes’, ‘Borrowings, Loans and Investments by the Companies – Law, Accounting and Taxation’, ‘NFRA – Law and Practice’, ‘Ind AS – a Ready Reckoner’, ‘Standards on Auditing – a Practitioner’s Guide’, ‘Concise Commentary on Insolvency and Bankruptcy Code, 2016’, ‘PMLA – Handbook for Reporting Entities’, ‘Series of Books on Companies Act, 2013, ‘Corporate Social Responsibility’, ‘Guide to Tax Audit u/s 44AB’, ‘CARO, 2016 and 2020’, ‘Handbook on Company’s Balance Sheet and Profit & Loss Account under Schedule III, ‘Statutory Audit under Companies Act – a Ready Reckoner’, ‘Handbook on Internal Auditing’, ‘Consolidated Financial Statements’, 'Interim Financial Reporting', ‘Guide to International Taxation’, ‘Foreign Direct Investments in India’, Auditors’ Practice Manual’, ‘Understanding Goods and Service Tax (GST)', ‘Corporate and Allied Laws including Insolvency and Bankruptcy Code’, ‘Insolvency and Bankruptcy Code - a Ready Reckoner’ published by leading publishing houses, primarily published by Bharat Law House Private Limited.
He has to his credit the contribution of ‘Gist of Accounting Standards and Auditing and Assurance Standards’ for Vol. 2 of Company Law published by BLH and various articles for NIRC and CIRC of ICAI Newsletter on FBT, MAT, US-SOX, CARO, FEMA, etc. and a series of articles on ‘Delhi Value Added Tax (DVAT) – Taxation, Accounting and Auditing Aspects’ for the Journal Tax and Corporate Referencer (TCR) including various articles on External Commercial Borrowings (ECB), Direct Taxes, and Foreign Investments for TCR.
He possesses a rich industry experience in the areas of Corporate Laws (like Companies Act, FEMA, Taxation, Foreign Collaborations, Joint Ventures, etc.), Audits and Management Consultancy.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
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- Year of Publication: 2020
- Edition: 1st
- ISBN: 978-93-86920-84-3
- No.of Pages: 569
Winding up is a means by which the dissolution of a company is brought about. The main purpose of winding up of a company is to realize the assets and pay the company’s debts expeditiously and fairly in accordance with the law. If any surplus is left, it is distributed among the members in accordance with their rights.
The procedures for Winding up of companies are provided under Chapter XX of the Companies Act, 2013 and Insolvency and Bankruptcy Code, 2016. Section 270 of the Companies Act, 2013 provides that the provisions of Part I of Chapter XX of the Companies Act, 2013 shall apply to the winding up of a company by the Tribunal under this Act. Section 59 of Chapter V of the Insolvency and Bankruptcy Code, 2016 deals with the Voluntary Liquidation of Corporate Persons. Part III of Chapter XX of the Companies Act, 2013 makes provisions which are applicable to every mode of winding up.
The Ministry of Corporate Affairs has notified Companies (Winding Up) Rules, 2020 on 24-1-2020 to be made effective from 1st day of April, 2020. Prior to that, on 15-1-2020, the Insolvency and Bankruptcy Board of India also notified Voluntary Liquidation Process (Amendment) Regulations, 2020 requiring operation and maintenance of Corporate Voluntary Liquidation Account. Accordingly, a need is felt for professionals at large to have a written compendium on the subject . This book is given as a humble attempt by the author to explain the law, accounting and taxation of winding up.
The present book discusses entire gamut of winding up in the following four divisions:
- Division I — Winding up under the Companies Act, 2013 with various Forms notified under Companies (Winding Up) Rules, 2020;
- Division II — Voluntary liquidation under the Insolvency and Bankruptcy Code, 2016 including regulations for Corporate Voluntary Liquidation Account;
- Division III — Accounting and Auditing aspects;
- Division IV — Taxation aspects.
CA. Kamal Garg is a Fellow Member of The Institute of Chartered Accountants of India (ICAI) and a First Class Commerce Baccalaureate from Deen Dayal Upadhyaya College, University of Delhi. He has also qualified post qualification course on Diploma in Information System Audit (DISA) conducted by ICAI. Besides this, he is also an Insolvency Professional registered with Insolvency and Bankruptcy Board of India (IBBI). He has also qualified Certificate Course on BRSR conducted by ICAI and Social Auditor Examination conducted by NISM.
He was also the member of Board of Studies (BOS), Study Material Research Group (2009-2010) of NIRC of ICAI and a special invitee member of Accounting Standards Board (ASB) [2012-2013, 2020-2021, 2022-2023, 2023-2024 and 2024-2025], Financial Reporting Review Group of FRRB-ICAI [2020-2021 and 2023-2024] and Ind-AS (IFRS) Implementation Committee [2014-2015 and 2021-2022] of ICAI. He is also a technical reviewer empanelled with FRRB-ICAI. He was also nominated as a special invitee member to the Committee on Banking, Insurance and Pension (2014-2015) of NIRC of ICAI. He is also the resource person for Peer Review Board (PRB), Ethical Standards Board (ESB), Sustainability Reporting Standards Board (SRSB), Research Committee, Committee on Economic, Commercial Laws and Economic Advisory (CECLEA), Corporate Laws and Corporate Governance Committee (CLCGC) and Committee on Financial Market and Investors’ Protection (CFMIP) of ICAI. He was also nominated as member of the Expert Panel for addressing queries related to Statutory Audit pertaining to Auditing Aspects by Auditing and Assurance Standards Board (AASB) of ICAI. He has also addressed on IFRS for the members of ‘National Board of Accountants and Auditors, Tanzania, East Africa’. He has also contributed to development of study and regulatory projects undertaken by Indian Institute of Insolvency Professionals of ICAI under the aegis of IBBI. He has also been a resource person for training CBI Inspectors in Insolvency and Bankruptcy Laws. Besides being a regular guest speaker for IFRS and Management Development Programmes at various forums including ICAI and ICSI, he is also an author of over dozens of book(s) and commentaries on and including ‘IFRS and Ind AS Concepts and Applications’, ‘Audit Trail – A Practical Guide’, ‘Covid 19 – Guide to Financial Reporting and Audit’, ‘Covid 19 Guide for Businesses and Professions’, ‘Concise Commentary on Companies Act’, Company Resolutions, Notices, Meetings and Minutes’, ‘Borrowings, Loans and Investments by the Companies – Law, Accounting and Taxation’, ‘NFRA – Law and Practice’, ‘Ind AS – a Ready Reckoner’, ‘Standards on Auditing – a Practitioner’s Guide’, ‘Concise Commentary on Insolvency and Bankruptcy Code, 2016’, ‘PMLA – Handbook for Reporting Entities’, ‘Series of Books on Companies Act, 2013, ‘Corporate Social Responsibility’, ‘Guide to Tax Audit u/s 44AB’, ‘CARO, 2016 and 2020’, ‘Handbook on Company’s Balance Sheet and Profit & Loss Account under Schedule III, ‘Statutory Audit under Companies Act – a Ready Reckoner’, ‘Handbook on Internal Auditing’, ‘Consolidated Financial Statements’, 'Interim Financial Reporting', ‘Guide to International Taxation’, ‘Foreign Direct Investments in India’, Auditors’ Practice Manual’, ‘Understanding Goods and Service Tax (GST)', ‘Corporate and Allied Laws including Insolvency and Bankruptcy Code’, ‘Insolvency and Bankruptcy Code - a Ready Reckoner’ published by leading publishing houses, primarily published by Bharat Law House Private Limited.
He has to his credit the contribution of ‘Gist of Accounting Standards and Auditing and Assurance Standards’ for Vol. 2 of Company Law published by BLH and various articles for NIRC and CIRC of ICAI Newsletter on FBT, MAT, US-SOX, CARO, FEMA, etc. and a series of articles on ‘Delhi Value Added Tax (DVAT) – Taxation, Accounting and Auditing Aspects’ for the Journal Tax and Corporate Referencer (TCR) including various articles on External Commercial Borrowings (ECB), Direct Taxes, and Foreign Investments for TCR.
He possesses a rich industry experience in the areas of Corporate Laws (like Companies Act, FEMA, Taxation, Foreign Collaborations, Joint Ventures, etc.), Audits and Management Consultancy.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
