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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HC upheld the RD's suo motu jurisdiction under Section 16(1)(a) of the Companies Act, 2013, holding that it extends beyond trademark infringement and may be exercised whenever a company's name is identical with, or too nearly resembles, that of an existing company. Applying the "structural and phonetic resemblance" test, HC found the petitioner's and respondent no. 2's corporate names substantially identical, differing only in the first word, and therefore falling within the statutory embargo. HC held that the RD need not establish likelihood of deception or confusion, and that no perversity or jurisdictional error was shown. The impugned order directing change of name was sustained and the writ petition was dismissed.
HC upheld the RD's suo motu jurisdiction under Section 16(1)(a) of the Companies Act, 2013, holding that it extends beyond trademark infringement and may be exercised whenever a company's name is identical with, or too nearly resembles, that of an existing company. Applying the "structural and phonetic resemblance" test, HC found the petitioner's and respondent no. 2's corporate names substantially identical, differing only in the first word, and therefore falling within the statutory embargo. HC held that the RD need not establish likelihood of deception or confusion, and that no perversity or jurisdictional error was shown. The impugned order directing change of name was sustained and the writ petition was dismissed.
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