Remuneration to managerial person under Schedule XIII of the Companies Act, 1956 – Clarification with regard to payment for period,

 

The Ministry of Corporate affairs has issued General Circular no. Tee Shirt Versace Boxer Calvin Klein Al Mayor 07/2015 dated 10th April, 2015 to provide clarification on the matter relating to the payment period for the remuneration paid to the managerial personnel in accordance with Schedule XIII of the Companies Act, 1956 which is now Schedule V of the Companies Act, 2013.

Stakeholders have drawn attention to the provisions of Schedule Xll (sixth proviso to Para (C) of Section ll of Part ll) of the Companies Act, 1956 (Earlier Act) and as clarified vide Circular number 14l11/2O12-CL-VII dated 16th August,2012, which allowed listed companies and their subsidiaries to pay remuneration, without approval of Central Government, in excess of limits specified in para II Para (C) of such Schedule if the managerial person met the conditions specified therein. T Shirt Kenzo Homme Soldes Boxer Calvin Klein Hombre Stakeholders have expressed that since similar provisions are not available in the Schedule V of the Companies Act, 2013, there is a need for a clarification that a managerial person appointed in accordance with such provision of Schedule XIII of Earlier Act may receive relevant remuneration for the period as approved by the company in accordance with such provisions of Earlier Act.

The matter has been examined in the light of earlier clarifications on transitional matters issued by the Ministry.

By CA. Pankaj Kumar Mishra

CA. Pankaj Kumar Mishra (FCA, LLB, Peer Reviewer, FAFD (Forensic Auditor), M-com, B-Com (CS)) CCIA(ICAI), CCGST(ICAI), CCCAB (ICAI), CCAI(ICAI) Co-opted Member as Special Invitee of ICAI:  Carrier Counselling Committee of the ICAI for the year 2025-26.  Editorial Board of the ICAI for the year 2024-25  Direct Tax Committee of the ICAI for the year 2023-24  Research Committee NIRC of the ICAI for the year 2024-25. Visiting Faculty of:  The National Academy of Direct Taxation (NADT)  The Institute of Chartered Accountant of the India (ICAI)- (MCS)  The Institute of Cost and Management Accountant of India -Direct-Taxes Specially Acknowledged by the Direct Tax committee of ICAI:  for contribution for revising the “Guidance Note on Tax Audit Under section 44AB of The Income Tax Act 1961(Revised 2023). Brief About CA Pankaj Kumar Mishra and his Work Expertise: CA Pankaj Kumar Mishra is a Fellow Chartered Accountant with extensive professional practice in Startup and MSME Advisory Services, covering a comprehensive range of direct and indirect taxation planning, regulatory management, and strategic financial advisory. His core specialization spans tax compliance management, international taxation frameworks. Over the years, he has developed strong expertise in interpreting and applying complex tax provisions, along with managing intricate income-tax proceedings before various wings of the Income Tax Department. A significant part of his professional profile is his active representation before appellate authorities, including  Commissioner of Income Tax (Appeals),  Income Tax Appellate Tribunal (ITAT), and  Other quasi-judicial forums, Including GST Matters and Representation also. He has a proven track record of successfully preparing, presenting, and defending complex tax matters at various appellate stages, demonstrating strong analytical and advocacy skills. His professional journey includes handling matters such as assessments, reassessments, TDS proceedings, search & seizure-related issues, and high-value scrutiny cases. He has also led numerous due diligence assignments, including financial, tax, and technical viability evaluations for mergers, acquisitions, strategic investments, and joint ventures involving both domestic and international stakeholders. also having rich experience in business structuring, foreign exchange laws (including FEMA regulations), and foreign trade policy advisory. In addition to his practice, CA Pankaj Kumar Mishra is well-recognized for his contribution to the profession through knowledge sharing. He has delivered numerous seminars, workshops, and technical sessions at the Northern India Regional Council (NIRC) of ICAI, as well as at other professional forums across Pan-India. His sessions on taxation, startup advisory, and emerging regulatory frameworks have been highly appreciated by participants and peers. Thanks, and Regards CA Pankaj Kumar Mishra

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