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...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Oppression and mismanagement claim seeking rectification of the register of members was dismissed as time-barred where limitation began once appellants had knowledge of antecedent facts; the discovery rule delaying commencement of limitation does not apply when fraudulent conduct or concealment no longer suppresses knowledge. The tribunal relied on precedent that Section 17s postponement covers only concealment that prevents discovery of the cause of action, and found appellants had sufficient knowledge from events in 20062011 and prior complaints to have pursued rectification earlier, resulting in dismissal of the petition on limitation grounds.
Oppression and mismanagement claim seeking rectification of the register of members was dismissed as time-barred where limitation began once appellants had knowledge of antecedent facts; the discovery rule delaying commencement of limitation does not apply when fraudulent conduct or concealment no longer suppresses knowledge. The tribunal relied on precedent that Section 17s postponement covers only concealment that prevents discovery of the cause of action, and found appellants had sufficient knowledge from events in 20062011 and prior complaints to have pursued rectification earlier, resulting in dismissal of the petition on limitation grounds.
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