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Answer    Sr.No.  Query of Mr. Samay                         Response to Query
                     1    What  documents  to  be  seen  in  case  of  loan  Mr.   Samay   should   see   deed   of
                          given   by   the   company   in   lieu   of  Hypothecation   or   other   document
                          hypothecation  of  goods  from  lender  as  a  creating  the  charge,  together  with  a
                          security  for  the  purpose  of  reporting  as  per  statement  of  stocks  held  at  the  balance
                          clause (a) of section 143(1) of the Companies  sheet date in order.
                          Act, 2013?
                     2    What  shall  be  the  cost  of  Debentures  and  For  Debentures  sold:  Where  the  cost  of
                          Bonus Shares sold by the company for which  debentures sold is not ascertainable, the
                          the cost is not ascertainable for the purpose  book  value  thereof  at  the  date  of  sale
                          of reporting as per clause (c) of section 143(1)  may  be  treated  as  the  cost  for  the
                          of the Companies Act, 2013?                purposes of this clause.
                                                                     For  Bonus  Shares  sold:  When  bonus
                                                                     shares  are  received,  the  number  of
                                                                     shares  in  the  portfolio  would  be
                                                                     increased  by the  bonus  shares  while the
                                                                     cost  of  the  total  portfolio  would  remain
                                                                     the same as before. The  result would be
                                                                     that the average cost per unit of the total
                                                                     holding     would      come      down
                                                                     proportionately.  The  usual  accounting
                                                                     practice  for  apportioning  the  cost  of  a
                                                                     part  of  the  total  holding  on  the  sale
                                                                     thereof is to take it at its average cost.
                     3    Whether  the  shares  allotted  by  Waria  Ltd.  The law on the subject has hitherto been
                          against a loan taken by it from a NBFC can be  that,  where  the  consideration  for  the
                          considered  to  be  allotted  for  cash  for  the  issue of shares is an adjustment against a
                          purpose  of  reporting  as  per  clause  (f)  of  bona  fide  debt  payable  in  money  on
                          section 143(1) of the Companies Act, 2013?   demand by the company, the shares are
                                                                     deemed to have been subscribed in cash
                                                                     (vide  the  decision  in  Spargo’s  Case  –
                                                                     1873,  8,  Ch.  A.  407).  According  to  the
                                                                     legal  opinion  obtained  by  the  ICAI,  the
                                                                     expression “shares allotted for cash” may
                                                                     also  include  shares  allotted  against  a
                                                                     debt.  Therefore,  in  cases  which  are
                                                                     covered by the decision in Spargo’s case,
                                                                     no  comment  is  required  by  the  auditor,
                                                                     even  though  the  company  may  have  in
                                                                     the  Return  of  Allotment  under  Section
                                                                     75, shown such shares as allotted against
                                                                     adjustment of a debt.
                                                                     Thus,  the  shares  allotted  by  Waria  Ltd.
                                                                     against  a  loan  taken  by  it  from  a  NBFC
                                                                     can be considered to be allotted for cash.


        QNO      Sec 143-- EMP having adverse effect on functioning of company            Old Course – (M18E)
        332.100  TITANIUM CNO—Unique
                 Give  examples  of  Emphasis  of  Matters  which  may  have  an  adverse  effect  on  the  functioning  of  the

                 company as well as those which may not affect the functioning of the company.  ?
        Answer  Examples of Emphasis of Matters which may have an Adverse Effect on the Functioning of the
                 Company:

                     ➢  A major Catastrophe that has had, or continues to have,   (E.g. Natural calamity)
                        a significant effect on the entity’s financial position.
                     ➢  The Going concern assumption is appropriate but there   (E.g.  Sudden  death  of  majority

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