Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The court held that the Registrar of Companies (ROC) had the power to strike off the name of a company from the Register u/s 560(1)(6) of the old Companies Act, 1956, which is pari materia with Section 248 of the new Companies Act, 2013. The provisions under the old and new Acts are consistent, with the new Act providing a more detailed procedure for striking off and an effective remedy for dealing with deregistration of non-operational companies. The registers maintained under the old Act are deemed to be maintained under the new Act. The petitioner's remedy lies with the National Company Law Tribunal under Chapter XXVII of the Companies Act, 2013. Therefore, the application was dismissed.
The court held that the Registrar of Companies (ROC) had the power to strike off the name of a company from the Register u/s 560(1)(6) of the old Companies Act, 1956, which is pari materia with Section 248 of the new Companies Act, 2013. The provisions under the old and new Acts are consistent, with the new Act providing a more detailed procedure for striking off and an effective remedy for dealing with deregistration of non-operational companies. The registers maintained under the old Act are deemed to be maintained under the new Act. The petitioner's remedy lies with the National Company Law Tribunal under Chapter XXVII of the Companies Act, 2013. Therefore, the application was dismissed.
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