Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
A substituted petitioner could not sustain oppression and mismanagement claims where it had participated in, consented to, and benefited from the impugned allotment and related transactions, and had not amended the withdrawn original pleadings. The Tribunal held that silence in the meetings and absence of recorded dissent operated as assent, creating estoppel against later challenge. It further held that the share issue could not be invalidated on the basis of issue at par, absence of valuation, or connection of allottees with management under the Companies Act, 1956. Alleged contravention of Section 77 also failed for want of proof that company funds were used for purchase of its own shares. Securities law violations were held outside the scope of Sections 397-398 proceedings.
A substituted petitioner could not sustain oppression and mismanagement claims where it had participated in, consented to, and benefited from the impugned allotment and related transactions, and had not amended the withdrawn original pleadings. The Tribunal held that silence in the meetings and absence of recorded dissent operated as assent, creating estoppel against later challenge. It further held that the share issue could not be invalidated on the basis of issue at par, absence of valuation, or connection of allottees with management under the Companies Act, 1956. Alleged contravention of Section 77 also failed for want of proof that company funds were used for purchase of its own shares. Securities law violations were held outside the scope of Sections 397-398 proceedings.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
