Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
In proceedings concerning alleged fraudulent share transfers and related oppression/mismanagement allegations, the dominant issue was whether the tribunal could direct an independent forensic audit/testing of disputed documents on a prima facie view. Applying s. 424 of the Companies Act, 2013 and the NCLT Rules, it was held that natural justice requires an effective opportunity to establish one's case, and Rule 43 (calling for information/evidence) operates independently of Rule 45 (right of appearance/representation). For ordering expert testing, detailed merits analysis is unnecessary at the initial stage; a prima facie satisfaction suffices, with parties retaining the right to controvert the audit report later. The direction did not infringe any legal right, and the appeal was dismissed. - NCLAT
In proceedings concerning alleged fraudulent share transfers and related oppression/mismanagement allegations, the dominant issue was whether the tribunal could direct an independent forensic audit/testing of disputed documents on a prima facie view. Applying s. 424 of the Companies Act, 2013 and the NCLT Rules, it was held that natural justice requires an effective opportunity to establish one's case, and Rule 43 (calling for information/evidence) operates independently of Rule 45 (right of appearance/representation). For ordering expert testing, detailed merits analysis is unnecessary at the initial stage; a prima facie satisfaction suffices, with parties retaining the right to controvert the audit report later. The direction did not infringe any legal right, and the appeal was dismissed. - NCLAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
