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 NCLAT upheld the amalgamation of non-insurance transferor companies with insurance transferee companies, ruling that prior approval under Section 35(1) of the Insurance Act was not required. The Tribunal noted that post-merger, shareholders would maintain identical ownership percentages in the insurance companies, thus not triggering Section 6A requirements. The amalgamation process strictly followed Sections 230-232 of the Companies Act, with proper notices issued to authorities inviting objections. Finding no statutory prohibition in the Insurance Act mandating prior compliance with Section 35 before amalgamation under the Companies Act, the NCLAT determined the merger orders contained no legal errors warranting appellate intervention under Section 421. Appeal dismissed.
The NCLAT upheld the amalgamation of non-insurance transferor companies with insurance transferee companies, ruling that prior approval under Section 35(1) of the Insurance Act was not required. The Tribunal noted that post-merger, shareholders would maintain identical ownership percentages in the insurance companies, thus not triggering Section 6A requirements. The amalgamation process strictly followed Sections 230-232 of the Companies Act, with proper notices issued to authorities inviting objections. Finding no statutory prohibition in the Insurance Act mandating prior compliance with Section 35 before amalgamation under the Companies Act, the NCLAT determined the merger orders contained no legal errors warranting appellate intervention under Section 421. Appeal dismissed.
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