Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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A report under sections 206 to 208 of the Companies Act, 2013 must rest on a lawful inquiry or inspection, with the company first informed in writing of the allegations and given an opportunity to explain; here, no notices under section 206 were issued and the report itself showed that a fresh inspection was needed, so the report was ex facie illegal and was quashed. An SFIO investigation under section 212 requires material disclosing fraud, meaning conduct involving intent to deceive or gain undue advantage; persistent repayment defaults and related complaints, without more, did not establish fraud or a jurisdictional basis for SFIO action. The SFIO order, and the consequential summons and notices, were also quashed.
A report under sections 206 to 208 of the Companies Act, 2013 must rest on a lawful inquiry or inspection, with the company first informed in writing of the allegations and given an opportunity to explain; here, no notices under section 206 were issued and the report itself showed that a fresh inspection was needed, so the report was ex facie illegal and was quashed. An SFIO investigation under section 212 requires material disclosing fraud, meaning conduct involving intent to deceive or gain undue advantage; persistent repayment defaults and related complaints, without more, did not establish fraud or a jurisdictional basis for SFIO action. The SFIO order, and the consequential summons and notices, were also quashed.
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