Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Approval of scheme of amalgamation - Application of the "Alter Ego" Principle - Violation of Section 233 of the Companies Act, 2013 - requirement of holding at least ninety percent of the total numbers of shares - The complainant (opposite party) argued that the petitioner made a false declaration regarding the approval of the amalgamation scheme, misleading the authorities by stating that the scheme was approved by the requisite majority of members, which did not constitute 90% of total members but rather those present and voting. - The High Court hold that by targeting the petitioner (the Company Secretary) alone, without implicating the corporation or other responsible individuals, the prosecution is deemed to be fundamentally flawed and an abuse of the legal process. The petitioner, acting in his official capacity, should not bear sole responsibility for corporate actions unless specific wrongdoing on his part can be demonstrated.
Approval of scheme of amalgamation - Application of the "Alter Ego" Principle - Violation of Section 233 of the Companies Act, 2013 - requirement of holding at least ninety percent of the total numbers of shares - The complainant (opposite party) argued that the petitioner made a false declaration regarding the approval of the amalgamation scheme, misleading the authorities by stating that the scheme was approved by the requisite majority of members, which did not constitute 90% of total members but rather those present and voting. - The High Court hold that by targeting the petitioner (the Company Secretary) alone, without implicating the corporation or other responsible individuals, the prosecution is deemed to be fundamentally flawed and an abuse of the legal process. The petitioner, acting in his official capacity, should not bear sole responsibility for corporate actions unless specific wrongdoing on his part can be demonstrated.
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