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APPLICATION FOR THE REGISTRATION OF A INTERN OF AUTHORISED REPRESENTATIVE UNDER THE RULES  FORM NO.NCLT.10 (see rule 46)  APPLICATION FOR THE REGISTRATION OF A INTERN OF AUTHORISED REPRESENTATIVE UNDER THE RULES  1. Name of Authorised Representative referred under these rules on whose beh alf the intern is to be registered.  2. Particulars of the intern to be registered  (i) Full name (in capitals)  (ii) Address with contact no. and valid email address:  (iii) Father's name  (iv) Age and date of birth  (v) Place of birth  (vi) Nationality  (vii) Educational qualifications  (viii) Particulars of previous employment, if any  (ix) Proof of Identity  I,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  (intern above named), do hereby affirm that the particulars relating to me are true.  3. Whether the authorised Representative has a intern already registered on his behalf and whether the intern sought to be registered is in lieu of or in addition to the intern already registered.  4. Whether the intern sought to be registered is already registered as a intern of any other Authorised Representative and if so the name of such practitioner I, . . . . . . . . . . . . .  (Authorised Representative) and Practicing as . . . . . . . . . Bearing Registration No . . . . . . . . . on the rolls of . . . . . . . . . At . . . . . . . . . , having office at (address with contact no and valid email) . . . . . . . . . and residing at . . . . . . . . . certify that the particulars given above are true to the best of my information and belief and that I am aware of any facts that any unethical and immoral attitude or behavior or character of the above intern if found would lead to cancellation of the registration of the said .... (name) as a intern without any notice.  Date:  Place:  Signature of Authorised Representative  To The Registrar of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Order under section 232 FORM NO. AMG.10 [Pursuant to section 232(3) & rule 18] Company Petition No of...... of 20 .....connected with Company Application No..... of 20....A.B. & Co. (Ltd.)‐(in liquidation, by its liquidator'.............................................) Petitioner Before the Hon'ble Mr ......... , Member. Dated........... Order under section 232 Upon the above petition [and application'] coming on for further hearing on ..........upon reading etc., and upon hearing etc. THIS TRIBUNAL DOTH ORDER That all the property, rights and powers of the transferor company specified in the first, second and third parts of the Schedule hereto and all other property, rights and powers of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to section 232 of the Act, be transferred to and vested in the transferee company for all the estate and interest of the transferor company therein but subject to nevertheless to all charges now affecting the same [other than(here set out any charges which by virtue of the compromise or arrangement are to cease to have effect)]; and That all the liabilities and duties of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to section 232 of the Act, be transferred to and become the liabilities and duties of the transferee company; and That all proceedings now pending by or against the transferor company be continued by or against the transferee company; and That the transferee company do without further application allot to such members of the transferor company as have not given such notice of dissent as is required by clause of the compromise or arrangement herein the shares in the transferee company to which they are entitled under the said compromise or arrangement; and That the transferor company do within 14 days after the date of this order cause a certified copy of this order to be delivered to the Registrar of Companies for registration and on such certified copy being so delivered the transferor company shall be dissolved" and the Registrar of Companies shall place all documents relating to the transferor company and registered with him on the file kept by him in relation to the transferee company and the files relating to the said two companies shall be consolidated accordingly; and That  any  person  interested  shall  be  at  liberty  to  apply  to  the Tribunal in the above matter for any directions that may be necessary. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

INTERLOCUTORY APPLICATION  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  IA NO. ______OF 20  In Appeal Petition No. ________of 20 .  CAUSE TITLE Set out the Appeal No. _________________of 20 Appeal Petition short cause title Set out the  1. Appeal No.____________20 Cause Title – Interlocutory Application Petition for stay/direction/dispense with/condone delay/calling records The applicant above named state/s as follows : 1. Set out the relief (s)  2. Brief facts  Basis on which interim orders prayed for  4. Balance of convenience, if any : (All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf and attested by a Notary Public).  DECLARATION  The applicant above named hereby solemnly declare that nothing material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the originals or fair reproduction of the originals or true translation thereof. Verified at_________dated at _______this day __________of _______20 .  Counsel for Applicant Applicant  VERIFICATION  I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be ) ___________age ____________working as __________ in the office of _______________resident of _______________ do hereby verify that the contents of the paras _____________to ___________are true to my personal knowledge / derived from official record ) and para _________ to _______are believed to be true on legal advice and that I have not suppressed any material facts. Date : Place : Signature of the Appellant/Petitioner or authorised officer  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Notice to dissenting shareholders FORM NO. AMG.17 [Pursuant to section 235(1) & rule 27] [ Notice to dissenting shareholders To ……………….. ……………….. Notice for acquiring ……….shares held by you in M/s……….(hereinafter called ‘the transferor company’) Notice is hereby given by M/s………………. (hereinafter called ‘the transferee company’) that an offer made by the transferee company on …………… to all the shareholders of the transferor company for acquisition of the shares or class of shares at the price of ………. has been approved by the holders of ………… in value of the shares, being not less than nine-tenth in value of the said shares (other than shares already held at the date of the offer by the transferee company either by itself or by its nominees or subsidiaries). In pursuance of the provisions of sub-section (1) of section 235 of the Companies Act 2013, notice is further given that the transferee company is desirous of acquiring ………..shares held by you in the transferor company at a price of Rs……………., being the price paid to the approving shareholders. Take further note that if you are not in favour of such acquisition of your shares by the transferee company, then you may apply to the Tribunal within one month. Unless an application is made by you as aforesaid or unless on such application the Tribunal orders otherwise, the transferee company will be entitled and bound to acquire the aforesaid shares held by you in the transferor company on the terms of the above mentioned offer. Date: Place: Signature (On behalf of transferee company) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Appeal under Section 423 of the Companies Act Section 423  of the Companies Act states that if any person is aggrieved by an order of the Appellate Tribunal can file an appeal before the Supreme Court within 60 days from the date of the receipt of the order given by the Appellate Tribunal to the aggrieved person. The Supreme Court may allow the appeal to be filed after the said period of sixty days if it is assuaged that there was an adequate reason for not filing the appeal within the said period and the appeal has to be filed within a further period of sixty days. About the appeal  The appeal under Section 423 of the Companies Act, 2013 has a particular format to be followed while drafting it. The correct way to draft the appeal and the format is explained in the following paragraphs. Drafting the appeal One should be very conscious when writing a legal document and always keep in mind the authorities you’re writing the legal document for.  The appeal should be addressed to the concerned judge and the beginning should be written in a humble tone. Most of the appeals begin with ‘Most Respectfully Showeth’ where the detailed information of the facts and circumstances of the case and all the questions are mentioned. One should always try to keep the appeal short, concise, and clear. Using long, complex words should be avoided at places where simple alternatives can do the work. The appeal should be complete in itself and should contain all the material facts irrespective of the length of the appeal. Nothing important information should be left out which is very significant relative to the case. One has to ensure that all the information in the appeal is true and accurate. Being accurate is a vital part of writing an appeal. It is to be made sure that all the details given in the appeal are true and detailed. Even a small mismatch of information in the appeal can prove to be destructive to the legal validity of the document. The correct use of grammar has to be kept in mind while drafting the appeal as not only does it give the right impression to the person reading it but also it avoids any confusion and gives the true meaning to the reader. You have to be very attentive about your punctuation in the same way. Using incorrect punctuation has resulted in creating confusion and distracting the reader. To avoid any ambiguity, use the active voice while drafting the appeal. The usage of active voice mainly aids in pointing out who must perform what in a sentence. Using passive voice only makes it difficult to understand as it makes the sentences longer and exhaustive and in the process increases the chances for the reader to get distracted by the ambiguity in the writing. For example “The appeal was drafted by the lawyer” is not as clear as the sentence “The lawyer drafted the appeal “. An active voice only makes the sentence simple to understand. Another thing to be conscious about is to avoid writing any legal jargon in the appeal. The writing should be kept as simple as possible and it is also advised to keep the writing consistent and to avoid using different words for the same thing again and again, it creates confusion for the reader. It is very important to use the right imperatives as it is used to establish a legal obligation. Imperatives mainly include words such as: Shall Must Will Should Putting the right imperatives gives your writing clarity and helps to convey the true meaning of the sentence to the readers. Every single word that you shall write in the appeal should be properly customized to cater to the interests of the client. The appeal should be drafted in a way to overthrow the respondent’s case. All information that is favouring the respondent’s case should be avoided and in case it is important to include that information, write the information in a manner that shall not prove to be harmful to your client’s case. Synopsis The synopsis is summarising and giving brief information about the facts of the case. It should be kept in mind that the synopsis should be as concise as possible and should be able to give a clear understanding of the facts of the case. A synopsis should be drafted in such a way that the judge understands the facts of the case just by reading and that too in a very little time. A well-drafted synopsis is a bonus as it impresses the judges and gives an upper hand to the lawyer representing the case. A synopsis can be drafted by using a numbered list to note down the major points and events in the case and the events should be written in such a manner that it should flow smoothly from one event to another and it becomes easier for the reader to contemplate the points. No excess words or sentences shall be used which are not connected with the main gist of the case. List of dates and events Under this heading, the major events in the case are to be penned down chronologically along with the appropriate dates. This makes it easier for the judges to familiarize themselves with the major events of the case and one does not have to go through the entire facts of the case, saving time in the process. Court and jurisdiction It is very important to show that the appeal has been filed in the Supreme Court of India and that this appeal falls under the radar of the Appellate jurisdiction of the Supreme Court. Appellate jurisdiction is the authority vested in a court to review, amend, and overrule past decisions given by the other trial or lower courts. It should be written as:               IN THE SUPREME COURT OF INDIA           (CIVIL APPELLATE JURISDICTION) (UNDER SECTION 423 OF THE COMPANIES ACT, 2013)              CIVIL APPEAL NO. OF 20 _  Cause title  The cause title in the appeal shall lay down the following details: Name of the parties Description of the parties The capacity of the parties The purpose of a cause title is to make the judges familiarize themselves with the parties in the case. The Appellant vs Respondent format should be used to describe the parties and mention the names of the parties along with some information such as their residential address and corresponding to the names of the parties write ‘Appellant’ or ‘Respondent’ as per the party. For example: Mr. Rohit Wadhwani is an Indian citizen having his permanent residence at 436, Apcar Garden, Subhaspally, Kolkata 700024.                                                          ….Appellant      Grounds of appeal Grounds of appeal is an important clause as it reveals those issues which disclose the nature of the dispute of the parties. It is advised to keep the grounds of appeal as brief as possible. A few paragraphs explaining each ground of appeal are considered adequate. Repeating the same things again and again won’t prove beneficial to your client’s case. The grounds of appeal should include all the sources of grievance and the paragraphs pinpointing the grounds of appeal should be simple, concise, and to the point to bring clarity and also it should be done without leaving any relative issues. The usage of intemperate language in the appeal should be avoided. Topics including issues such as lacking a proper chance of being heard or breach of any principle of natural justice must be particularly included in the grounds of appeal. The nature of the appeal and the relief wanted by the client should be highlighted in the appeal to avoid any further ambiguity. The point to keep the grounds brief and specific should be kept in mind at all times while drafting this clause.  If the grounds of appeal are drafted in a well-fashioned manner then the judge is more likely to allow your appeal to be permitted. It is through the grounds of appeal that one has to convince the judge to grant permission to appeal. Prayer The prayer clause in your appeal represents your whole case. The judges tend to look at the prayer clause primarily and any type of discrepancy can prove to be detrimental to your case. Like every other clause of the appeal, the prayer should also be kept specific and concise. Keeping the prayer clause precise increases the chances for the judges to understand what relief you desire and it is most likely that after getting the clear picture, the relief may be granted. Simple and clear prayer clauses are most likely to be enforced and issued as a judgment of the court. One should be aware of the possibility that relief may not be granted by the court and in that case, it is advised to specify any other alternative reliefs in its place. Also, separate reliefs should be requested at different points. The prayer clause should include every relief that the appellant requests from the court. Not limited to the alternative reliefs but it is necessary to also include the interim reliefs and the reliefs for costs, fees, and damages. At the end of the appeal, one should not forget to include details such as the name of the appellant and of the appellant’s advocate and the date on which the appeal is filed in the court. Conclusion  The appellate jurisdiction of the Supreme Court of India makes sure that a citizen dissatisfied with the judgment given by a lower court may approach the higher court to get redress of the grievances. It is under this authority that a person may file the appeal in the Supreme Court under Section 423 of the Companies Act. The appeal should be drafted in a well-fashioned manner taking care of the grammar, punctuation, and simplicity of language used in the appeal. The language should be simple and clear and should bring clarity to the readers reading the appeal. If all the essentials to draft the appeal are dealt with, the chances of the judgment to be favored towards your case increments. Therefore is an obligation of the lawyer to cater to the requirements of the appeal and makes sure to follow the correct format. Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-)

Pending/Disposed of  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  New Delhi  Application No. in of 20 _________ Applicant/s/3 rd party/Appellant/Petitioner vs Respondent/s Application for Inspection of Documents/Records under Rule 60 I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows :-  1. Name and address of the person seeking inspection: _____________________________  2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein. ----------------  3. Details of the papers/documents sought to be inspected…………….  4. Reasons for seeking the Inspection …………………………….  5. The date and duration of the inspection sought for ……………….  6. Whether fee is paid and if so, the mode of payment……………….  7. If a third party, whether a vakalat has been filed with Court Fee Stamp …………………  Verification:  I………………………….state that the above facts are true and correct.  Place :  Date :  Applicant Office Use :  Granted inspection for _____hours on __________/rejected.  Registrar APTEL ……. Endorsement after inspection: I…………, the applicant above named inspected the documents/records on ……….in the presence of Mr……………………….between …………………..to ………..Hrs on .……….and inspection is completed/concluded. Dated …………..day……………20. Applicant/authorised Representative Form  AFFIDAVIT NCLAT-4 [See Rule 68]  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL ______________BENCH  Appeal/Petition/ /No. of 20_________ Appellant/Applicant vs Respondent/s AFFIDAVIT  I, …………………………….aged…………………..years, son/daughter/wife of ………… ……………………..(name and occupation of the deponent)………………………………. residing at (Full address) ………………………………….do hereby swear in the name of God/solemnly affirm and state as follows :  Para. 1  Para. 2  Para. 3 ………………………………………………..  Contents of Paragraphs Nos. …………………. are within my personal knowledge and contents of Paragraphs Nos……………are based on information received by me which I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any ). Place : Signature of the Deponent Date : Name in Block Letters No. of corrections on page nos.  Identified by :  Before me  *……………………………………………………………………………………………………. Sworn/solemnly affirmed before me on this the …………………..day of …200………….  Signature (Name and Designation of the Attesting Authority with Seal) *To add endorsement in Form No. when necessary  FORM NCLAT-5 IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL [See Rule 70]  Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate. Contents of the affidavit were truly and audibly read over/translated into ………...............language known to the deponent and he seems to have understood the same and affixed his LTI/ Signature/ Mark.  (Signature) Name and designation with date. Form NCLAT-6 [See Rule 74]  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  New Delhi Appeal No……… OF 20…………  Between ………………….. ……………. Appellant/Petitioner  (By Legal Representative Shri………….)  and …………………. Respondent/s  (By Legal Representative Shri …………)  Under Section 424 of the Companies Act, 2013 r/w corresponding power vested under C.P.C. Whereas the Tribunal suo motu or on consideration of the request made by Shri/ Smt/M/s …………………..( Appellant) having been satisfied that production of the following documents or records under your control or custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal /forward duly authenticated copies thereof on or before the …………………day of…..20……… (Enter description of documents requisitioned) “By Order of Tribunal “ Registrar Date :  FORM NCLAT-7 [See Rule 82]  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL  NEW DELHI  Appeal/Petition No…………… of 20…………… Deposition of PW/RW  1. Name :  2. Father’s/Mother’s/Husband’s Name :  3. Age 4. Occupation :  5. Place of Residence and address :  6. Name of the Officer administering the Oath / affirmation :  7. Name of the Interpreter if any, duly Sworn/ solemnly affirmed :  Duly sworn/ solemnly/ affirmed Examination-in-chief:  By Date: ……………………………………………………………………. …………………………………………………………………….  Cross examination: By  …………………………………………………………………… ……………………………………………………………………  Re-examination, if any:  ……………………………………………………………………  (Signature of the witness on each page)  Statement of witness as recorded was read over/translated to the witness, who admitted it to be correct. Signature of the Member of the Appellate Tribunal with date  FORM NCLAT-8 [See Rule 84]  CERTIFICATE OF DISCHARGE  Certified that ……………………………………………appeared before this Appellate Tribunal as a witness/in/ No. …………………..of 20……, on behalf of the appellant or respondent as Court witness on this ……………day of ….20…… and that he was relieved at ………………….on…………………… He was paid/not paid any T.A. and D.A. or allowance of Rs………………. Date : Signature of the Registrar (Seal of theTribunal) FORM NCLAT -9 [See Rule 100]  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL REGISTER OF SLPs/ APPEALS TO SUPREME COURT Sl. No No. of SLP/ appeal Before the Supreme Court No. of the case appealed against Name of the Applicant/ Respondent Date of dispatch Of records to SC Date of receipt of records from SC SLP dismissed allowed with date Interim Direction If any, with date Final order In the appeal with date Direction If any, for compliance by the Tribunal Steps Taken for compliance Remarks [F. No. 1/30/2013-CL-V] AMARDEEP SINGH BHATIA, Jt. Secy. Download Word Document In English. (Rs.25/-) Download PDF Document In Marathi. (Rs.25/-)

Creditor’s Responsibility Statement FORM NO. AMG.3 [Pursuant to section 230(2)(c)(i) & rule 4] Creditor’s Responsibility Statement I/ We, …………………, the creditors of M/s…………… for an amount of Rs. ……………. as on ……………… do hereby declare that I / we have read and understood the proposed corporate debt restructuring scheme and am / are of the view that it is in my/our best interest to concur with the scheme. I/ We further declare that the debt is owed to me / us by the company or the liability was created by the company in my/ our favor in good faith and in the ordinary course of business of the company; I/We believe that the scheme does not give me/us any fraudulent preference at the cost of any secured/unsecured Creditors. Signature of creditor/s Date: Place: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

General Affidavit Verifying Petition FORM NO. NCLT. 6  (GENERAL)  [See rule 34]  [HEADING AS IN FORM NCLT. 4]  Company Petition No. . . . . . . of 20. . . . .  General Affidavit Verifying Petition  I, . . . . . . . . . . . , son of . . . . . . . . , aged residing at. . . ,  do solemnly affirm and say as foliows:-  1. I am a director/secretary/ . . . . . . . . . . . . . . . . . /of... Ltd., the petitioner in the above matter [' and am duly authorised by the said petitioner to make this affidavit on its behalf.] Note: This paragraph is to be included in cases where the petitioner is the Company.  2. The statements made in paragraphs . . . . . . . . . of the petition herein now shown to me are true to my knowledge, and the statements made in paragraphs . . . . . . . . are based on information, and I believe them to be true. Solemnly affirmed, etc.  sd/-  VERIFICATION  'Note:   l.To be included when the affidavit is sworn to by any person other than a director, agent or secretary or other officer of the company. **Note:- 2. This form can be used for any other general application moved before the Tribunal with such alteration or modification in the title and the content. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Vakalatnama  Format for Trial Courts, Consumer Forum, Civil Courts, Criminal Courts, Family Court, Tribunals and High Courts.                 VAKLATNAMA  IN THE HIGH COURT OF ____________AT SUIT/APPEAL/COMPLAINT/PETITION/W.P. NO._____ OF 20__ In the Matter of: _________________________Plaintiff /Appellant /Petitioner/ Complainant VERSUS ________________________Defendant/Respondent/ AccusedKNOW ALL to whom these present shall come that I/We __________________________the above named __________________do hereby appoint:______________________________(herein after called the advocate/s) to be my/our Advocate in the above noted case authorise him:- 1. To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or heard and also in the appellate Court including High Court subject to payment of fees separately for each Court by me/us. 2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions review revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its stages subject to payment of fees for each stage. 3. To file and take back documents, to admit and/or deny the documents of opposite party. 4. To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case. 5. To take execution proceedings. 6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution of the said case. 7. To appoint and instruct any other Legal Practitioner authorising him to exercise the power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf. 8. And I/We the undersigned do hereby agree to rectify and confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and proposes. 9. And I/We undertake that I/We or my/our duly authorised agent would appear in Court on all hearings and will inform the Advocate for appearance when the case is called. 10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. 11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain for himself. 12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up. The fee settled is only for the above case and above Court. I//we hereby agree that once fee is paid, I/We will not be entitled for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid again by me/us. IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of which have been understood by me/us on this _______day of _____200__ Accepted, and identified the client. _________ ADVOCATE _________ ADVOCATE _________ CLIENT Address:_____________Enrollment No:________Mobile No: ___________ E-Mail : ______________  Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-)

Download Word Document In English. (Rs.50/-) Austria Double Taxation Avoidance Agreement Austria Agreement between the Republic of India and the Republic of Austria for the avoidance of Double Taxation with respect to taxes on income Notification No. G.S.R.588,dtd 5.4.1965. Whereas the annexed Convention between the Republic of India and the Republic of Austria for the avoidance of double taxation with respect to taxes on income has been ratified and the Instruments of Ratification exchanged, as required by Article XXI of the said Convention: Now, therefore, in exercise of the powers conferred by Section 90 of the Income-tax Act 1961 (43 of 1961), the Central Government hereby directs that all provisions of the said Convention shall be given effect to in the Union of India. ANNEXURE Convention between the Republic of India and the Republic of Austria for the avoidance of double taxation with respect to taxes on income. The Republic of India and the Republic of Austria, desiring to conclude a Convention for the avoidance of double taxation with respect to taxes on income. Have agreed as follows: ARTICLE I 1.     The taxes which are the subject of the present Convention are: a.     In Austria                               i.                the Einkommensteuer (income tax);                              ii.                the Korperschaftsteuer (corporation tax);                             iii.                the Beitrag vom Einkommen zur Forderung des Wohnbauesund fur Zwecke des Familienlasten ausgleiches (Contribution from income for the promotion of residential building and for the equalisation of family burdens); (hereinafter refered to as " Austrian tax "); b.    In India:                               i.                the income-tax,                              ii.                the super-tax and                             iii.                the surcharge imposed under the Income-tax Act, 1961 (43 of 1961); (hereinafter referred to as " Indian tax ") 2.     The present Convention shall also apply to any other taxes of a substantially similar character imposed in Austria or in India subsequently to the date of signature of the present Convention. ARTICLE II 1.     In the present Convention, unless the context otherwise requires: a.     the terms " one of the territories " and " the other territory " mean Austria or India as the context requires; b.    the term " person " includes individuals, companies and all other entities which are treated as taxable units under the tax laws in force in the respective territories; c.     the term " company " means any entity which is treated as a body corporate under the Austrian law or as a company under the Indian law for tax purposes; d.    the term " tax " means Austrian tax or Indian tax, as the context requires; e.     the terms " resident of Austria " and " resident of India " mean, respectively, a person who is resident (" Wohnsitz " or " gewohnlicher Aufenthalt ") in Austria for the purposes of Austrian tax and not resident in India for the purposes of Indian tax, and a person who is resident in India for the purposes of Indian tax and not resident (" Wohn sitz " or " gewohnlicher Aufenthalt ") in Austria for the purposes of Austrian tax. A company shall be regarded as resident in Austria if it is incorporated in Austria or its business is wholly managed and controlled in Austria; a company shall be regarded as resident in India if it is incorporated in India or its business is wholly managed and controlled in India; f.     the terms " Austrian enterprise " and " Indian enter prise " mean, respectively, an industrial or commercial enterprise or undertaking carried on by a resident of Austria and an industrial. or commercial enterprise or undertaking carried on by a resident of India, and the terms " enterprise of one of the territories and enterprise of the other territory " mean an Austrian enterprise or an Indian enterprise, as the context requires; g.    the term " permanent establishment " means a fixed place of business in which the business of the enterprise is wholly or partly carried on. aa.  The term " permanent establishment " shall include a place of management, a branch, an office, a factory, a workshop, a warehouse, a mine, quarry or other place of extraction of natural resources, and a permanent sales exhibition. bb.  An enterprise of one of the territories shall be deemed to have a permanent establishment in the other territory if it carries on in that other territory a construction, installation or assembly project or the like. cc.  The use of mere storage facilities or the maintenance of a place of business exclusively for the purchase of goods or merchandise and not for any processing of such goods or merchandise in the territory of purchase, shall not constitute a permanent establishment. dd.  A person acting in one of the territories for or on behalf of an enterprise of the other territory shall be deemed to be a permanent establishment of that enterprise in the first-mentioned territory, if 1.     he has and habitually exercises in the first-mentioned territory a general authority to negotiate and enter into contracts for or on behalf of the enterprise, unless the activities of the person are limited exclusively to the purchase of goods or merchandise for the enterprise, or 2.     he habitually maintains in the first-mentioned territory a stock of goods or merchandise belonging to the enterprise from which the person regularly delivers goods or merchandise for or on behalf of the enter prise, or 3.     he habitually secures orders in the first-mentioned territory exclusively or almost exclusively, for the enterprise itself, or for the enterprise and other enterprises which are controlled by it or have a controlling interest in it. ef.   A broker of a genuinely independent status who merely acts as in intermediary between an enterprise of one of the territories and a prospective customer in the other territory shall not be deemed to be permanent establishment of the enterprise in the last-mentioned territory. ff.    The fact that a company, which is a resident of one of the territories, has a subsidiary company which either is a resident of the other territory or carries on a trade or business in that other territory (whether through a permanent establishment or otherwise) shall not, of itself constitute that subsidiary company a permanent establishment of its parent company. h.     the term " competent authority " means, in the case of Austria, the Federal Ministry of Finance, and in the case of India, the Central Government in the Ministry of Finance, Department of Revenue. 2.     In the application of the provisions of this Convention in one of the territories any term not otherwise defined in this Convention shall, unless the context otherwise requires, have the meaning which it has under the laws in force in that territory relating to the taxes which are the subject of this Convention. ARTICLE III 1.     Subject to the provisions of paragraph (3) below, tax shall not be levied in one of the territories on the industrial or commercial profits of an enterprise of the other territory unless profits are derived in the first-mentioned territory through a permanent establishment of the said enterprise situated in the first-mentioned territory. If profits are so derived, tax may be levied in the first-mentioned territory on the profits attributable to the said permanent establishment. 2.     There shall be attributed to the permanent establishment of an enterprise of one of the territories situated in the other territory the industrial or commercial profits which it might be expected to derive in that other terriory if it were an independent enterprise engaged in the same or similar activities under the same or similar conditions and dealing at arm's length with the enterprise of which it is a permanent establishment. In any case, where the ascertainment of the correct amount of profits attributable to a permanent establishment presents exceptional difficulties, the profits attributable to the permanent establishment may be, estimated on a reasonable basis. 3.     The provisions of paragraph (1) of this Article shall not be construed its preventing the taxation in one of the territories in pursuance of the present Convention and in conformity with the laws of that territory of income (e.g., dividends, interest, capital gains, fees for technical services, income from the operation of aircraft, rents or royalties or income from immovable property) derived from sources therein by a resident of the other territory even if such income is not attributable to a permanent establishment situated in that former territory. ARTICLE IV Where a.     an enterprise of one of the territories participates directly or indirectly in the management, control or capital of an enterprise of the other territory, or b.    the persons participate directly or indirectly in the management, control or capital of an enterprise of one of the territories and an enterprise of the other territory. and in either case conditions are made or imposed between the two enterprises, in their commercial or financial relations, which differ from those which would be made between independent enterprises, then any profits which but for those conditions would have accrued to one of the enterprises but by reason of those conditions have not so accrued may be included in the profits of that enterprise and taxed accordingly. ARTICLE V 1.     Income derived from the operation of aircraft by an enterprise of one of the territories shall not be taxed in the other territory unless the aircraft is operated wholly or mainly between places within that other territory. 2.     Paragraph (1) shall likewise apply in respect of participations in pools of any kind by enterprises engaged in air transport. 3.     Income derived from the operation of aircraft by an Indian enterprise shall likewise not be subjected to business tax (Gewerbesteuer) in Austria. ARTICLE VI 1.     Royalties derived by a resident of one of the territories from sources in the other territory may be taxed only in that other territory. 2.     In this Article, the term " royalty " means any royalty of other like amount received as consideration for the right to use copy-rights, artistic or scientific works, cinematographic films, patents, models, designs, plans, secret processes or formulae, trademarks and other like properties or rights. ARTICLE VII Amount paid by an enterprise of one of the territories for technical services furnished by an enterprise of the other territory shall not be subject to tax by the first-mentioned territory except in so far as such amounts are attributable to activities actually performed in the first-mentioned territory. In computing the income so subject to tax, there shall be allowed as deductions the expenses incurred in the first-mentioned territory in connection with the activities performed in that territory. ARTICLE VIII Dividends paid by a company which is a resident of one of the territories to a resident of the other territory may be taxed only in the first-mentioned territory. ARTICLE IX Interest on bonds, securities, notes, debentures or any other form of indebtedness, derived by a resident of one of the territories from sources in the other territory may be taxed only in that other territory. ARTICLE X Income from immovable property may be taxed only in the territory in which the property is situated. For this purpose any rent or royalty or other income derived from the operation of a mine, quarry or any other place of extraction of natural resources shall be regarded as income from immovable property. ARTICLE XI 1.     Capital gains derived from the sale, exchange or transfer of a capital asset, whether movable or immovable, may be taxed only in the territory in which the capital asset is situated at the time of such sale, exchange or transfer. For this purpose, the situs of the shares of a company shall be deemed to be in the territory where the company is incorporated. 2.     In this Article the term " capital asset " does not include movable property in the form of personal effects (e.g. wearing apparel, jewellery and furniture) held for personal use by the taxpayer or any member of his family dependent on him. ARTICLE XII 1.     Remuneration for services rendered (other than pensions and annuities) paid out of public funds of Austria shall not be taxed in India unless the payment is made to a national of India for services rendered therein. 2.     Remuneration for services rendered (other than pensions and annuities) paid out of public funds of India shall not be taxed in Austria unless the payment is made to a national of Austria for services rendered therein. 3.     The provisions of paragraphs (1) and (2) of this Article shall not apply to payments in respect of services in connection with any trade or business carried on by either of the Contracting Parties or political subdivisions thereof for purposes of profit. 4.     The provisions of paragraphs (1) and (2) of this Article shall also apply to remuneration other than pensions and annuities, paid by the Austrian National Bank, the Austrian Federal Railways and the Austrian Postal and Telegraph Administration and by the Reserve Bank of India, the Public Railways Authorities and the Postal Administration of India. ARTICLE XIII 1.     Any pension or annuity derived by a resident of one of the territories from sources in the other territory may be taxed only in that other territory. 2.     In this Article, the term " pension " means periodic payments made in consideration of services rendered or by way of compensation for injuries received. The term " annuity " means sum payable periodically at stated times during life or during it specified or ascertainable period of time.1 ARTICLE XIV 1.     Subject to Article XII, profits or remuneration from professional services or from services as an employee derived by an individual who is a resident of one of the territories may be taxed in the other territory only if such services are rendered in that other territory. 2.     An individual who is a resident of Austria shall not be taxed in India on profits or remuneration referred to in paragraph (1) if -- a.     he is temporarily present in India for a period or periods not exceeding in the aggregate 183 days during the relevant " previous year ", b.    the serices are rendered for or on behalf of a resident of Austria. c.     the profits or remuneration are subject to Austrian tax and d.    the profits or remuneration are not deducted in computing the profits of an enterprise chargeable to Indian tax. 3.     An individual who is a resident of India shall not be taxed in Austria on profits or remuneration referred to in paragraph (1) if --- a. he is temporarily present in Austria for a period or periods not exceeding in the aggregate 183 days during a taxable year. b.the services are rendered for or on behalf of a resident of India, c. the profits or remuneration are subject to Indian tax, and d.the profits or remuneration are not deducted in computing the profits of an enterprise chargeable to Austrian tax. 4.     Where an individual permanently or predominantly performs services on ships or aircraft operated by an enterprise of one of the territories, such services shall be deemed to be performed in that territory. ARTICLE XV A professor or teacher from one of the territories who receives remuneration for teaching, during a period of temporary residence not exceeding two years, at a university, college, school or other educational institution in the other territory, shall not be taxed in that other territory in respect of that remuneration. ARTICLE XVI 1.     An individual from one of the territories who is tempo-rarily present in the other territory solely --- a. as a student at a university, college or school it, that other territory, b.as a business apprentice, or c. as the recipient of a grant allowance or award for the primary purpose of study or research from a religious, charitable, scientific or educational organisation, shall not be taxed in the other territory in respect of remittances from abroad for the purposes of his maintenance, education or training, in respect of a scholarship, and in respect of any amount representing remuneration for an employment which he exercises in that other territory for the purposes of practical training. 2.     An individual from one of the territories who is temporarilly present in the other territory for a period not exceeding one year, as an employee of, or under contract with, an enterprise of the former territory or an organisition referred to in paragraph (1) sub-paragraph (c) above, solely to acquire technical, professional or business experience from a person other than such enterprise or organisation, shall not be taxed in that other territory on remuneration for such period, unless the amount thereof exceeds 50,000---Austrian shillings or its equivalent in Indian Currency. 3.     An individual from one of the territories temporarily present in the other territory under arrangements with the Government of that other territory solely for the purpose of training, research or study shall not be taxed in that either territory on remuneration received in respect of such training, research or study unless the amount thereof exceeds 80,000--Austrian shillings or its equivalent in Indian currency. ARTICLE XVII 1.     The laws in force in either of the territories will continue to govern the assessment and taxation of income in the respective territories except where express provision to the contrary is made in this Convention. 2.     Income from sources within Austria which in accordance with this Convention may be subjected to tax in Austria either directly or by deduction shall not be subject to Indian tax. 3.     (3)Income from sources within India which in accordance with this Convention may be subjected to tax in India either directly or by deduction shall not be subject to Austrian tax. 4.     Notwithstanding the provisions of paragraphs (2) and (3) of this Article, the items, of income which under the laws of the two territories should be taken into account for calculating the rate of tax to be imposed shall continue to be so taken into account. ARTICLE XVIII The competent authorities shall exchange such information (being information which is at their disposal under their respective taxation laws in the normal course of administration) as is necessary for carrying out the provisions of the present Convention. Any information so exchanged shall be treated as secret and shall not be disclosed to any persons other than those concerned With the assessment and collection of the taxes which are the subject of the present Convention. No information as aforesaid shall be exchanged by the competent authority of one of the territories which would disclose any trade, business, industrial or professional secret or any trade process to the authority of the other territory. ARTICLE XIX 1.     Where a resident of one of the territories shows proof that the action of the taxation authorities of the other territory has resulted or will result in double taxation contrary to the provisions of the present Convention, he shall be entitled to present his case to the competent authority of the territory of which he is a resident. Should his claim be deemed worthy of consideration, the competent authority to which the claim is made shall endeavour to come to an agreement with the competent authority of the other territory with a view to avoiding double taxation. 2.     Should any difficulty or doubt arise as to the interpretation or application of the present Convention the competent authorities of both territories may settle the question by mutual agreement. ARTICLE XX The provisions of the present Convention shall not be construed to restrict in any manner any exemption, deduction credit or other allowance now or hereafter accorded by the laws of one of the Contracting States in determining the tax of that Contracting State. ARTICLE XXI 1.     The present Convention shall be ratified. 2.     The instruments of ratification shall be exchanged at Vienna as soon as possible. 3.     The present Convention shall enter into force upon the exchange of instruments of ratification and shall thereupon have effect --- a. in respect of Austrian tax, taxes which are levied for the calendar year 1962 and for subsequent calendar years, and b.in respect of Indian tax, in relation to the income for any " previous year " relevant to any year of assessment beginning on or after the 1st April 1963. ARTICLE XXII The present Convention shall continue in effect indefinitely but either of the Contracting Parties may on or before the 30th of June in any calendar year after 1965 give to the other Contracting Party notice of termination and, in such event, the present Convention shall cease to be effective --- a. in respect of Austrian tax, for taxes which are levied for the calendar years following the year in which the notice of termination is given, and b.in respect of Indian tax, in relation to the income which arises on or after the 1st of January following the year in which the notice of termination is given. In witness whereof the undersigned Plenipotentiaries have signed the present Convention. Done in duplicate at New Delhi, in the English language. This 24th day of September, 1963. For the Republic of India: For the Republic of Austria Shrimati Tarkeshwari Sinha, Dr. George Schlumberger, Deputy Minister of Finance, Ambassador of the Republic Government of India. of Austria in India. NEW DELHI, the 24th September, 1963. Dear Sir, The Convention between the Republic of India and the Republic of Austria for the avoidance of Double Taxation with respect to taxes on income being signed today, I have the honour, on behalf of the Government of India, to inform you that where a resident of one of the territories fulfils an order for the sale of machinery to a resident of the other territory and it is incidental to the sale of the machinery that a person or reasons employed by the resident of the first-mentioned territory should proceed to that other territory for assisting in the installation of the machinery therein, such activity shall not be deemed to constitute a permanent establishment unless it is carried on for a period exceeding one month or the expenses incurred on such activity are more than ton per cent of the total sale price for the order. I shall be grateful if you confirm your agreement to the above understanding of the provisions of Article 11(1)(g)(bb) of the said Convention, and that in such case, this note and your reply thereto shall be deemed to be part of the Convention. Please accept, Mr. Ambassador, the assurance of my high consideration. Shrimati Tarkeshwari Sinha. To His Excellency Dr. George Schlumberger. Ambassador of the Republic of Austria in India, New Delhi. New Delhi 24th September, 1963, Madam, With reference to the Convention, signed today, between the Republic of Austria and the Republic of India for the avoidance of Double Taxation with respect to taxes on income, you have informed me of the following: " The Convention between the Republic of India and the Republic of Austria for the avoidance of Double Taxation with respect to taxes on income being signed today, I have the honour, on behalf of the Government of India, to inform you that where a resident of one of the territories fulfils an order for the sale of machinery to a resident of the other territory and it is incidental to the sale of the machinery that a person or persons employed by the resident of the first-mentioned territory should proceed to that other territory for assisting in the installation of the machinery therein such activity shall not be deemed to constitute a permanent establishment, unless it is carried on for a period exceeding one month or the expenses incurred on such activity are more than ten per cent of the total sale price for the order. I shall be grateful if you confirm your agreement to the above understanding of the provisions of Article II (1)(g)(bb) of the said Convention, and that in such case, this note and your reply thereto shall be deemed to be part of the Convention." I have the honour to inform you that this proposal meets my approval. Your note of today's date and my reply thereto shall therefore be part of the Convention. Accept, Madam Minister, the assurance of my high consideration. DR. GEORGE SCHLUMBERGER. To Shrimati Tarkeshwari Sinha, Deputy Minister of Finance, Government of India, New Delhi Double Taxation Avoidance Agreement - India and Austria: Corrigenda Notification No. G.S.R.1250,dtd. 27.08.1965 In the Notification of the Ministry of Finance(Department of Revenue) No.G.S.R.588 dtd.05.04.1965,published at pages 167 to 175 in Part II-Section 3-Sub-section(i) of the Gezzette of India,Extraordinary,dtd. 09.04.1965,- 1.     at page 168,-                                           i.    in the fifth line, for "of taxes", read "to taxes", (56 I.T.R. (Statutes) page 17, line 16)                                          ii.    in the twelfth line, for "and", read "und", (page 17, line 23)                                         iii.    in the thirty-eight line for "Austrian enterprise" and "India enterprise", 'read' "resident of Austria" and "Resident of India" respectively; (page 18, line 13) 2.     at page 169, -                                           i.    in the thirty-ninth line, for "territories", read "territories," (page 18, line 49)                                          ii.    in the forty-second line, for "not", read "not," (page 18, line 52)                                         iii.    in the forty-sixth line, for "and", read "and,", (page 19, line 2)                                         iv.    in the forty-ninth line, for "shall", read "shall,"; (page 19, line 5) 3.     at page 171 in the twenty-sixth line, -                               i.        for "India", read "Austria", (page 20, line 23)                              ii.        for "Austria", read "India"; (page 20, line 43) 4.     at page 172, in the forty-eight line for "territory under arrangements with the Government of that other territory solely ", read "territory on remuneration received in respect of such training, research or study "; (page 22, line 25) 5.     at page 173 in the seventh line, for "Article", read "Article,".(page 22, line 38)

Notice of approval of the scheme of merger FORM NO.AMG.14 [Pursuant to section 233(2)& rule 24(5)] Notice of approval of the scheme of merger (To be filed by the transferee company to the Central Government, Registrar and the Official Liquidator) 1.(a) CIN: GLN: (a) Name of the transferee company: Registered office address: E-mail id: Whether the transferor and transferee are: Small companies Holding and wholly owned subsidiaries Details of transferor CIN: GLN: Name of the company: Registered office address: E-mail id: Brief particulars of compromise or arrangement involving  merger: Details of approval of the scheme of merger by the transferee company: Approval by members Date of dispatch of notice to members: Date of the General meeting: Date of approval of scheme in the General meeting Approved by majority of: (at least nine tenths of member) Approval by creditors Date of dispatch of notice to creditors: Date of the meeting of creditors: Date of approval of scheme in creditors meeting: Approved by majority of: (at least nine tenths in value of creditors) Details of approval of the scheme of merger by the transferor company: Approval by members Date of dispatch of notice to members: Date of the General meeting: Date of approval of scheme in the General meeting: Approved by majority of: (at least nine tenths of member) Approval by creditors Date of dispatch of notice to creditors: Date of the meeting of creditors: Date of approval of scheme in such meeting: Approved by majority of: (at least nine tenths in value of creditor) Declaration I ………………..the director of the transferee company  hereby declares that- Notice of the scheme as required under section 233(1)(a) was duly sent to the Registrars and Official Liquidators of the place where the registered office of the transferor and transferee companies are situated and to all other persons who are likely to be affected by the scheme and a copy of the same has been attached herewith; the objections to the scheme have been duly taken care of to the satisfaction of the respective persons; the scheme has been approved by the members and creditors of the transferee and transferor company by the requisite majority in accordance with section 233(1)(b) and (d) respectively; all the requirements section 233 of the Act and the rules made there have been complied with; and to the best of my knowledge and belief the information given in this application and its attachments is correct and complete; Date: Place: Signature Attachments: Copy of the scheme approved by both creditors and members; Notice sent in accordance with section 233(1)(a); Optional attachments, if any. Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-)

CAVEAT  IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI  Caveat No.____________ of _____  In the matter of appeal against order dated _______ passed by _______________ (Copy enclosed)/ expected to be instituted, by ______________________________________ (By any person) Against ______________________________________ (Applicant-Caveator)  To The Registrar National Company Law Appellate Tribunal 3 rd Floor, Pt. Deen Dayal Antyodaya Bhawan, C.G.O. Complex, Lodhi Road, New Delhi – 110003. Let no substantive order (here state in detail the precise nature of the order apprehended) _________________________________________ _________________________________________________________  be made in the above matter without notice to the undersigned.  Name & address of the Caveator & his counsel, if any Filed on ________ Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)