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...
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
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