Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
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