Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
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Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
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