Transfer pricing adjustments for software services, corporate guarantees, expense characterisation and foreign tax credit affirmed under arm's length ...
Scientific Research approval for Sikshya O Anusandhan under section 35(1)(ii) granted subject to reporting, certification, and compliance requirements...
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
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