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50+ Frequently Asked Questions

Find answers to common questions about our services across all practice areas — company registration, valuation, FEMA compliance, GST, income tax, forensic accounting, transfer pricing, and startup services. Quick Answer: Frequently Asked Questions — 50+ expert-answered FAQs covering company registration, valuation, FEMA, GST, income tax, forensic accounting, transfer pricing, and startup services across India.

Frequently Asked Questions is a service offered by Virtual Auditor, an AI-powered CA and IBBI Registered Valuer firm (IBBI/RV/03/2019/12333) led by CA V. Viswanathan (FCA, ACS, CFE, IBBI RV), from offices in Chennai, Bangalore, and Mumbai since 2012.

Official References: MCA Filing Portal ↗ · SPICe+ Form ↗

Frequently Asked Questions

How much does Private Limited Company registration cost?

All-inclusive from ₹8,999 covering government fees, DSC, DIN, SPICe+ filing, MOA/AOA, PAN/TAN. No hidden charges. 5–15 working days.

Pvt Ltd vs LLP — which should I register?

Pvt Ltd if you plan to raise VC/angel funding (can issue equity shares). LLP for professional practices and bootstrapped businesses (lighter compliance). OPC for solo entrepreneurs.

How long does company registration take?

5–15 working days depending on MCA processing times and name availability. SPICe+ integrates PAN, TAN, GST, EPFO, and ESIC in a single application.

What is an OPC (One Person Company)?

A company with a single member and one nominee under Section 2(62) of the Companies Act, 2013. Limited liability protection with simplified compliance.

What is the minimum capital required for Pvt Ltd registration?

No minimum paid-up capital requirement since the 2015 amendment. You can start with as low as ₹1. Authorised capital of ₹1 lakh is common.

Can NRIs register a company in India?

Yes. NRIs and foreign nationals can be directors and shareholders. At least one director must be an Indian resident (stayed in India for 182+ days). FDI reporting via FC-GPR is required.

What annual compliances are required after Pvt Ltd registration?

Annual return (MGT-7A), financial statements (AOC-4), board meetings (minimum 4/year), AGM within 6 months of FY end, DIR-3 KYC for directors, and income tax return filing.

How do I convert my LLP to a Pvt Ltd?

File application under Section 366 of the Companies Act with MCA. Requires NOCs from creditors, consent of partners. Takes 2–3 months.

What is an IBBI Registered Valuer?

A professional registered with IBBI under the IBBI (Registered Valuers) Regulations, 2017. Only Registered Valuers can issue valuation reports under the Companies Act (Section 247) and IBC.

How much does a startup valuation cost?

Pre-revenue valuation from ₹25,000. Growth-stage DCF from ₹50,000. Multi-framework (FEMA + Income Tax + 409A) from ₹1,00,000. 18 methods with Monte Carlo simulations.

How many valuation methods does Virtual Auditor use?

18 valuation methods including DCF, comparable company analysis, comparable transaction analysis, NAV, venture capital method, option pricing models, and Monte Carlo simulations.

How long does a valuation report take?

Standard: 5–7 working days. Express: 2–3 working days. IBC valuations follow CIRP statutory timelines.

Can you value pre-revenue startups?

Yes. We use Berkus, scorecard, venture capital, and revenue ramp Bayesian methods for pre-revenue companies. 10,000 Monte Carlo simulations model uncertainty.

What is a Section 247 valuation?

Section 247 of the Companies Act, 2013 mandates valuation by an IBBI Registered Valuer for mergers, amalgamations, share buy-back, and other corporate actions.

What is the difference between fair value and fair market value?

Fair value (Ind AS 113) is the exit price in an orderly transaction. Fair market value (Income Tax Act) is the price between a willing buyer and seller with reasonable knowledge.

Do you provide valuation certificates for bank loans?

Yes. We issue IBBI-compliant valuation certificates for collateral assessment, working capital limits, term loan appraisals, and one-time settlement proposals.

What is ESOP valuation?

Fair value of stock options under Ind AS 102 / IFRS 2 using Black-Scholes or Binomial models. Mandatory for Ind AS expense recognition and SEBI SBEB compliance.

What is 409A valuation?

US IRC Section 409A requires independent fair market value determination for stock options granted by companies with US operations. Protects employees from 20% penalty tax.

What is sweat equity valuation?

Valuation of shares issued to employees or directors in exchange for intellectual property or know-how. Governed by Section 54 of the Companies Act and Rule 8.

How is ESOP expense calculated under Ind AS 102?

Grant date fair value × number of options expected to vest, recognized over the vesting period. Black-Scholes for plain options, Binomial lattice for performance-linked ESOPs.

What FEMA services do you provide?

FDI reporting (FC-GPR/FC-TRS), ECB compliance, ODI advisory, LRS guidance, FEMA compounding for late filings, and cross-regulatory conflict detection.

Is DCF the only method for FEMA valuation?

For unlisted companies, yes in practice. Rule 21 of NDI Rules requires internationally accepted pricing methodology but RBI and AD banks consistently require DCF.

What happens if FC-GPR is filed late?

Late FC-GPR constitutes a FEMA contravention under Section 15. Compounding proceedings with potential penalties up to 3× the amount involved.

What is FEMA compounding?

A process under Section 15 of FEMA, 1999 where contraventions are settled by paying a compounding fee to RBI. It regularises the non-compliance.

Can NRIs invest in Indian startups?

Yes, under the automatic route for most sectors. NRIs can invest via FDI (equity), NCD, or convertible notes. FC-GPR filing within 30 days of allotment is mandatory.

What is an ECB (External Commercial Borrowing)?

A loan raised by an Indian entity from a non-resident lender. Requires compliance with all-in-cost ceiling, minimum average maturity, end-use restrictions, and monthly ECB-2 reporting to RBI.

Can you help with GST appeals and show cause notices?

Yes. Section 107 appeals, Section 112 (GST Tribunal), and DRC-01 SCN responses. AI-assisted order analysis extracts demand amounts and computes pre-deposits.

What is the time limit for GST appeal?

Section 107 (Appellate Authority): 3 months. Section 112 (Tribunal): 3 months. Pre-deposit: 10% for first appeal, additional 20% for tribunal.

What is GST registration threshold?

₹40 lakhs for goods, ₹20 lakhs for services, ₹10 lakhs for special category states. Mandatory registration for interstate supply regardless of turnover.

What is a GST LUT (Letter of Undertaking)?

A declaration filed in Form GST RFD-11 by exporters to make exports without payment of IGST. Valid for one financial year.

How do I reply to a GST show cause notice (DRC-01)?

File response in DRC-06 within 30 days. Include point-wise rebuttal with supporting documents, relevant case law, and reconciliation statements.

What is ITC (Input Tax Credit) reversal?

Rule 42 and 43 of CGST Rules require proportional ITC reversal for inputs used in exempt and taxable supplies. Non-reversal results in demand with 18% interest.

How do I file an income tax appeal?

File Form 35 on the e-filing portal within 30 days of the assessment order. Include grounds of appeal, statement of facts, and supporting documents.

What is Section 263 revision?

The Principal CIT can revise an AO order if erroneous and prejudicial to revenue. Challenge before ITAT within 60 days of the revision order.

What is the penalty under Section 271(1)(c)?

Penalty of 100% to 300% of tax sought to be evaded for concealment of income or furnishing inaccurate particulars. Ambiguous penalty orders are void.

What is presumptive taxation under Section 44AD?

Eligible businesses with turnover up to ₹3 crore can declare 6%/8% of turnover as income. No books of accounts required. Professionals use Section 44ADA (50% of gross receipts).

What is a lower TDS deduction certificate?

Section 197 allows taxpayers to apply for nil/lower TDS where actual tax liability is significantly lower than TDS being deducted. Filed in Form 13.

What is advance tax and when is it due?

Tax payable during the financial year in quarterly instalments: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15.

What is CFE?

Certified Fraud Examiner — a credential from ACFE USA for fraud prevention, detection, investigation, and deterrence.

Do you provide due diligence for startup investments?

Yes. CFE-led financial due diligence for PE/VC investors covering financial statement analysis, fraud risk indicators, and regulatory compliance review.

What is Benford's Law analysis?

A statistical technique used in forensic accounting to detect anomalies in financial data. Deviations from the expected digit distribution signal potential manipulation or fraud.

Can forensic reports be used in court?

Yes. Our forensic reports are prepared to evidentiary standards and have been used in criminal complaints, civil suits, and arbitration proceedings.

What is transfer pricing documentation?

Documentation required under Section 92D for international and specified domestic transactions. Includes Master File, Local File, and CbCR depending on group turnover.

What is the arm's length principle?

Transactions between related parties must be priced as if between independent enterprises. Five methods under Section 92C: CUP, RPM, CPM, PSM, and TNMM.

What is an APA (Advance Pricing Agreement)?

An agreement between taxpayer and CBDT determining arm's length price for future transactions. Valid for up to 5 years with rollback for 4 prior years.

What is DPIIT Startup Recognition?

Recognition under Startup India for companies incorporated for less than 10 years with turnover below ₹100 crore. Benefits include tax exemption under Section 80-IAC.

What is angel tax (Section 56(2)(viib))?

Tax on share premium received by an unlisted company from resident investors exceeding fair market value. Rule 11UA prescribes DCF or NAV methods for FMV determination.

What should a Shareholders' Agreement (SHA) cover?

Board composition, anti-dilution rights, liquidation preference, drag-along/tag-along rights, ROFR, vesting schedules, information rights, and exit mechanisms.

What is a SAFE agreement?

Simple Agreement for Future Equity — converts to equity at a future priced round with a valuation cap and/or discount. Increasingly used in India for early-stage fundraising.

Which cities do you operate in?

Chennai (HQ — Spencer Plaza, Anna Salai), Bangalore (MG Road), and Mumbai (Goregaon West). All services available pan-India.

Do you provide free consultations?

Yes. 30-minute complimentary consultation. Call +91 99622 60333 or email support@virtualauditor.in.

What credentials does CA V. Viswanathan hold?

FCA, ACS, CFE (ACFE USA), and IBBI Registered Valuer (IBBI/RV/03/2019/12333) for Securities & Financial Assets.

Do you offer virtual CFO services?

Yes. Monthly financial reporting, MIS, cash flow management, board meeting support, statutory compliance tracking, and investor-ready reporting.

How do I get a CA certificate for net worth or turnover?

Share your latest audited financials and purpose of the certificate. We issue net worth certificates, turnover certificates, and various certifications for tenders and regulatory filings.

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