Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
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The NCLAT allowed the appeal, set aside the impugned NCLT direction to convene meetings of remaining unsecured creditors and dispensed with the requirement to hold such meetings under Section 230 of the Companies Act. The Tribunal held that the NCLT's mandate to convene meetings despite recorded consents exceeding the 90% by value threshold constituted jurisdictional overreach and was legally unsustainable, particularly where the transferee's net worth materially improves post-scheme and unsecured claims are negligible relative to net worth. Applying Sections 230(6) and 230(9), the NCLAT concluded there is no compromise of unsecured creditors' rights and no necessity to call meetings, and accordingly allowed the appeal.
The NCLAT allowed the appeal, set aside the impugned NCLT direction to convene meetings of remaining unsecured creditors and dispensed with the requirement to hold such meetings under Section 230 of the Companies Act. The Tribunal held that the NCLT's mandate to convene meetings despite recorded consents exceeding the 90% by value threshold constituted jurisdictional overreach and was legally unsustainable, particularly where the transferee's net worth materially improves post-scheme and unsecured claims are negligible relative to net worth. Applying Sections 230(6) and 230(9), the NCLAT concluded there is no compromise of unsecured creditors' rights and no necessity to call meetings, and accordingly allowed the appeal.
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