...Westminster 1936 AC 1, 1935 All ER Rep 259 (HL) but read it in the proper context by which a “device” which was colourable in nature had to be ignored as fiscal nullity. Thus, Ramsay...applying the test of fiscal nullity. Similarly, in a case where the Revenue finds that in a holding structure an entity which has no commercial/business substance has been interposed only to avoid tax then...in such cases applying the test of fiscal nullity it would be open to the Revenue to discard such interpositioning of that entity. However, this has to be done at the threshold...

...27-Dec-2016 27-Sep-2017 Independent Board of Directors as Additional Director under Section 165(1) of the Companies Act, 2013 4...of the Companies Act, 2013 which inter alia provides that “The financial statements shall give a true and fair view of the state of affairs of the company or companies, comply with the accounting...the parent company BGL was concerned, the requirement to maintain books of accounts and the period for which the same had to be maintained is prescribed in Section 128(1) of the Companies Act, 2013...

...:Sr. No E-Forms Reference Details Due Date 1 INC-22A Section 22A Companies Act 2013 15.06.2019 2...4 MSME-1 Order dated 2019 issued under Section 405 of Companies Act, 2013 30.05.20195. In view of the special facts and....(iv) Any other relief/direction as the Hon’ ble Tribunal deems fit in the interest of justice to comply with provision of the Companies Act, 2013.2. Vide order dated 31.01.2014...

...Board of Directors and no one else, as per s.149 of the 2013 Act. (iii) Directors of companies have a fiduciary role vis-à-vis the company with the highest level of duty.... 1.4 The original complainants before the National Company Law Tribunal ("NCLT"for short), who initiated the proceedings under Sections 241 and 242 of the Companies Act, 2013...purported exercise of the power available under section 420 of the Companies Act, 2013. Therefore, 6 Tata Sons have come...

...applying the principle of real income to the facts of this case. Incidentally, we may observe that we ourselves pointed out in the case of the Commr. of Inc.-tax v. Shoorji Vallabhdas & Co...fiscal enactment. At the same time, we would not be justified in being unmindful of the consequences of any opinion which we may give on a reference. The enquiry must depend mainly on the broad...Commr. of Inc.-tax v. K.B.M.T.T Thiagaraja Chetty . 1953 24 I.T.R 525.. and he has drawn our attention to the following...

...Section 2(10) of the Companies Act, 2013 as under: 2(10) Board of Directors or Board, in relation to a company, means the collective body of the directors of the company. Thus...including but not limited to the appointment of an arbitrator. Reliance is placed on the judgment of the Supreme Court in the case of Centrotrade Minerals & Metal Inc vs. Hindustan Copper Ltd...166 of the Companies Act, 2013. A bare perusal of the duties clearly reveals that the Director at all times, has to act in good faith to promote the objects of the Company and in the best interest...

...the fine to be imposed.2. As per the provision of Section 129 of the Companies Act, 2013...that the accounts of the company could not be audited on time. During F.Y 2015-2016, due to the group Structuring, it was decided by the parent company Biogen Massachusetts Inc. USA to appoint UCB...provisions of Section 129(7) of the Companies Act, 2013. The default has since been made good.5. Given the facts of the case that the petitioner has been filed suo mo to...

...— Pankaj Prajapati (party worker of INC and ex-spokesperson NSUI) through counsel Anshuman Shrivastava — Superintendent of Police, Crime Branch, Indore, Madhya Pradesh....”5. The petitioner claims that following the broadcast, “a well-coordinated, widespread, vindictive and malicious campaign” was launched against him by the Indian National Congress (“INC”) and its...activists. The campaign, he alleges, was carried out online through news reports and tweets indicating that members of INC had filed multiple complaints simultaneously against the petitioner before...

...and persons who have been removed as Directors under Section 164 of the Companies Act, 2013 (for not filing financial statements or annual returns for any continuous period of 3 financial years, for...Protection Act, 2005. Singapore proposed a bankruptcy reform in 2013, while there are significant changes that are being proposed in the US and the Italian bankruptcy framework this year in 2015. Several...refuse to sit as a ‘superlegislature to weigh the wisdom of legislation,’ [Day-Brite Lighting Inc. v. Missouri 1952 SCC OnLine US SC 29, 342 US...

...PNGRB was not satisfied therewith and asked the petitioner to make an elaborate presentation and which was made by the petitioner on 31stJanuary, 2013; (viii...) however PNGRB still, vide communication dated 2ndMay, 2013, asked the petitioner to furnish the source of funds in respect of the financial closure; (ix) the...agreement had been finalised till then; (xi) the petitioner in the meeting on 10thSeptember, 2013 again attempted to satisfy PNGRB of having achieved the financial...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...1. This petition is filed by the Petitioner under section 2(41) of the Companies Act, 2013 with a prayer to permit the company which is a subsidiary of body...hardware in general and providing support services for the above etc.,4. The Petitioner Company is a wholly owned subsidiary of the Holding Company viz., M/s. IHS Global Inc., USA and...the Holding Company is a wholly owned subsidiary of the Ultimate Holding Company - IHS Holdings Inc. Since the ultimate holding company has adopted financial year as 12 months from 1 December to 30...

...per share. AT&T International, Inc. (AT&T), earlier known as SBC International Inc., TML, Mahindra & Mahindra Limited (M&M), British Telecommunications plc (BT) and the applicant entered into an Option...between India and Mauritius in respect of transfer of 9,870,912 shares of an Indian Company, to AT&T International, Inc. a corporation, organized and existing under the laws of Delaware, United States...Mahindra BT dated 7th May, 2013 from SEBI to the Director of Income-tax and noted that the agreement entered into in 2004 between TML and AT&T was not acted upon due to commercial reasons and that...

...Computer Services Ltd. v. Venture Global Engg. LLC, CMA No. 832 of 2012, decided on 23-8-2013 (AP); Balco v. Kaiser Aluminium Technical Services Inc...) 102; Balco v. Kaiser Aluminium Technical Services Inc., (2016) 4 SCC 126...: 2005 SCC (Cri) 961; Iridium India Telecom Ltd. v. Motorola Inc...

...petition/application under Section 460 of the Companies Act, 2013 before the 3rdrespondent, seeking to condone the delay in filing the E-Form INC 28 & 27, which evoked no response. Hence...., 2 however, due to Covid-19 lockdown, as the petitioner company has belatedly filed the INC 28 and INC 27 form...up for final disposal. 3. The case of the petitioner is that the petitioner is a public limited company. In the year 2019, the Board of Directors in its...

Can't display summary as content is Scanned, Please open the judgment to see full content.

.... (2013) 10 SCC 95 : (2013) 4 SCC (Civ) 650 : (...SCC (Cri) 43 : (2013) 2 SCC (L&S) 858, Rashmi Metaliks Ltd. v. Kolkata Metropolitan Development Authority...99g 18. (2013) 3 SCC 1...

...The Applicant Company has filed this application under Section 2(41) of the Companies Act, 2013 (hereinafter referred to as ‘the Act’) with this Bench seeking an order to permit the...averments made in the application submitted that the applicant Company is a subsidiary of Globus Medical Inc., USA. The holding Company incorporated in United State of America follows a uniform financial...financial year. Therefore, the Board of Directors of the applicant Company decided by a resolution dated 24.03.2016 to file an application before this Bench seeking approval to follow financial year that ends...

... Companies Act, 2013; And In the matter of Section 230-232 of the Companies Act, 2013 and other applicable provisions of the...Companies Act, 2013; And In the matter of Scheme of Amalgamation of e-Emphasys Solutions Private Limited ("Transferor Company") with e-Em- phasys Systems Private...") and their respective share- holders ("the Scheme" / "Scheme of Amalgamation") under the provisions of Sections 230 to 232 of the Companies Act, 2013. 2. The Counsel...

..., 2013 read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. IN THE MATTER OF SCHEME OF AMALGAMATION OF M...Edusolutions Private Limited ('Demerged Company'). Further, seeking an extension of time in filing INC - 28 with the Registrar of Companies ('ROC') given the non- receipt of the physical certified copy of...) however the same was received on 25.06.2022 by the Resulting Company. Consequently, it filed INC - 28 on 23.7.2022 with the ROC vide 4...