Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
The dominant issue was whether the struck-off company's name should be restored to the Register of Companies. Restoration was held justified on the "just and equitable" standard because the company had fixed assets generating rental income, expressed willingness to file all financial records and complete statutory compliances, and the tax authority had issued a no-objection to restoration. Consequently, the order refusing restoration was set aside and the company's name was directed to be restored in the ROC records subject to completion of requisite compliances, and the appeal was allowed. - NCLAT
The dominant issue was whether the struck-off company's name should be restored to the Register of Companies. Restoration was held justified on the "just and equitable" standard because the company had fixed assets generating rental income, expressed willingness to file all financial records and complete statutory compliances, and the tax authority had issued a no-objection to restoration. Consequently, the order refusing restoration was set aside and the company's name was directed to be restored in the ROC records subject to completion of requisite compliances, and the appeal was allowed. - NCLAT
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