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 SC allowed the appeal, restored the NCLT's order and set aside the NCLAT's appellate decision. The Court held the company petition under Sections 397/398 of the 1956 Act maintainable, concluding the Appellant proved oppression and mismanagement. The SC affirmed that the NCLT had jurisdiction to adjudicate the validity of the contested gift deed as integral to the oppression complaint. On the merits the Court found the share transfer documents and gift deed tainted by fabrication, overwriting and improper execution, and held the challenged board meetings void for want of valid quorum and mala fide conduct; consequently the impugned transfers and resolutions were declared invalid.
The SC allowed the appeal, restored the NCLT's order and set aside the NCLAT's appellate decision. The Court held the company petition under Sections 397/398 of the 1956 Act maintainable, concluding the Appellant proved oppression and mismanagement. The SC affirmed that the NCLT had jurisdiction to adjudicate the validity of the contested gift deed as integral to the oppression complaint. On the merits the Court found the share transfer documents and gift deed tainted by fabrication, overwriting and improper execution, and held the challenged board meetings void for want of valid quorum and mala fide conduct; consequently the impugned transfers and resolutions were declared invalid.
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