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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...
NCLAT dismissed the appeal filed by the appellants challenging the NCLT's order directing investigation under s.213 of the Companies Act, 2013 into the affairs of Appellant No.1. Relying on established principles that such investigation cannot be ordered on bare allegations and requires subjective satisfaction based on material indicating public interest prejudice or detriment to members, NCLAT held that the NCLT had correctly applied the law. The Tribunal noted multiple observer reports by a former High Court judge alleging fraudulent transactions, siphoning of funds, and data gaps, and found no prima facie bias. NCLAT held that conclusive proof is not required at this stage, only good reasons and a prima facie case, both of which were adequately recorded in the impugned order.
NCLAT dismissed the appeal filed by the appellants challenging the NCLT's order directing investigation under s.213 of the Companies Act, 2013 into the affairs of Appellant No.1. Relying on established principles that such investigation cannot be ordered on bare allegations and requires subjective satisfaction based on material indicating public interest prejudice or detriment to members, NCLAT held that the NCLT had correctly applied the law. The Tribunal noted multiple observer reports by a former High Court judge alleging fraudulent transactions, siphoning of funds, and data gaps, and found no prima facie bias. NCLAT held that conclusive proof is not required at this stage, only good reasons and a prima facie case, both of which were adequately recorded in the impugned order.
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