Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The court dismissed the petition challenging the order granting a three-month extension to hold the Annual General Meeting. The respondent No. 1 did not spell out 'special reasons' for allowing the extension as mandated by Section 96 of the Act. However, the reasons were outlined in the request letter by respondent No. 2. The court held that the sufficiency of reasons cannot be assessed by respondent No. 1 unless evidence of ulterior motives or detriment to stakeholders is presented. The petitioners failed to demonstrate exceptional grounds for rejecting the extension. Issues regarding mismanagement should have been addressed by approaching the Tribunal u/s 241 for oppression or removal of directors. The Act does not require shareholders to be heard before granting an extension.
The court dismissed the petition challenging the order granting a three-month extension to hold the Annual General Meeting. The respondent No. 1 did not spell out 'special reasons' for allowing the extension as mandated by Section 96 of the Act. However, the reasons were outlined in the request letter by respondent No. 2. The court held that the sufficiency of reasons cannot be assessed by respondent No. 1 unless evidence of ulterior motives or detriment to stakeholders is presented. The petitioners failed to demonstrate exceptional grounds for rejecting the extension. Issues regarding mismanagement should have been addressed by approaching the Tribunal u/s 241 for oppression or removal of directors. The Act does not require shareholders to be heard before granting an extension.
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