Appointment of Managerial Personnel and payment of Managerial Remuneration in case of Companies having no profit or inadequate profit - rationalization thereof.
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Managerial remuneration limits: apply with detailed financial justification and full disclosure before paying above statutory caps. Where a company proposes managerial remuneration above Schedule XIII limits linked to effective capital, it must apply to the Department of Company Affairs with a board/AGM resolution and detailed justification addressing losses, remedial steps, financial health (effective capital, net worth, turnover, profit/loss, dividend), industry nature, foreign collaboration, expansion plans and the appointee's qualifications and past remuneration; the total package including perquisites must be valued at actual cost for Companies Act purposes and income tax liability shown separately. A prescribed checklist and authenticated supporting documents (newspaper notices, five years' audited accounts, FIPB approvals where relevant) are required to avoid deficiencies.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Managerial remuneration limits: apply with detailed financial justification and full disclosure before paying above statutory caps.
Where a company proposes managerial remuneration above Schedule XIII limits linked to effective capital, it must apply to the Department of Company Affairs with a board/AGM resolution and detailed justification addressing losses, remedial steps, financial health (effective capital, net worth, turnover, profit/loss, dividend), industry nature, foreign collaboration, expansion plans and the appointee's qualifications and past remuneration; the total package including perquisites must be valued at actual cost for Companies Act purposes and income tax liability shown separately. A prescribed checklist and authenticated supporting documents (newspaper notices, five years' audited accounts, FIPB approvals where relevant) are required to avoid deficiencies.
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