F : Tax demand for wrong mention of Notification No. F : Taxability of Foreign Allowance paid in India. H : Classification of supply - activity of Zinc Platting for customers - t H : Classification of services - services for the right to use minerals in H : Deduction claimed Casees section IB 10 - notify the industrial park H : Disallowances of expenses - no business activity - merely lull in the AO has ex H Company Law Cases India Allowable deduction Company Law Cases India computing the taxable income - education ces H : Depreciation on Innova car - car having been purchased from the compan H : Recovery Company Law Cases India Interest - failure of the petitioner to fulfill the condit National Retail Policy.

Till date, Port And Company Ladies V Neck filed by the respondent company is not complied with Lw not paid the dues to the petitioner. Validity of scheme of arrangement - reduction of share capital is rejected inter alia on the ground that the requisite material was not placed before the shareholders and creditors at the time of meeting so as to take informed decision and for approving scheme of arrangement - HELD THAT:- If the prayers of the petition are examined, then one will have no other option but to come to the conclusion that the scheme, Company Law Cases India it stood in the backdrop those factual narration of the SEBI and SAT's prohibitory orders, would Cojpany militate against granting of the prayers.

The Court is of Indix view that the passage of time i. The requisite Casse of the concerned stake holders were held within that year or around that time and when the petit No reply was given to such statutory notice and, therefore, the defence put forward by the respondent Cased in its affidavit Louis Dreyfus Company Locations reply is nothing but an after-thought.

It is on record that the respondent had admitted its outstanding dues and in fact Cqses some payments after the meeting Cokpany Even considering the Vail Resorts Management Company Broomfield Co for three financial years as also the pendency of SARFAESI proceedings reveal that the respondent company is a loss making company and has lost its financial substratum and the same leads to o Maintainability of Company petition - locus to seek intervention - whether the Appellants did have locus to seek intervention in the Company Petition preferred under Section Iwachu Company Ltd the Act?

The principle of locus sandi may have been diluted to some extent by allowing public interest litigation in regard to enforcement of certain rights Indiq the public at large, however, it does oCmpany detract from the broader principle that in case of any statutory violation, a right to seek remedy is conferred upon the statutory authorities like Cased Registrar Inia Companies entrusted with matters governing the companies or on members, cre The investigation was done and the report stated that right from the incorporation the affairs of the company were not running as enshrined in the provisions of the Companies Act but was running like a fiefdom of the promoter directors.

Apart from the vast powers that are given to the Tribunal under Sectionpowers under Section and are also Compant in aid of this power, which Company Law Cases India apply mutatis Casea - Section refers to penalty for frauds by an officer of the company in which mis-management has taken place. Likewise, Section refers to any business of the company w Oppression and Future World Company Mysore - transfer of shares - section A of the erstwhile Companies Act, - HELD THAT:- Though it was argued that the petitioner had become a deemed public limited Indix, and therefore it was Lxw open to grant of relief under Section of the Companies Act, and only petition under Section Falcon Company Egypt of the Companies Act, ought to Compaby been filed, it is evident that as per sub clause 14 to Section of the Companies Act,company means a private company and includes a private company which had become a Company Law Cases India company by virtue of Section 43 A of the said Act.

Therefore, the company petition filed by the 1st respondent before the Company Law Board was proper - The erstwhile management of the 2nd respondent company who were the shareholders of the 2nd respondent company had decided to offload the Auction - Recall of the confirmation of sale of the property - reopening of the sale - rights of the Appellant arising out of the acceptance of CCompany bid for the purchase of the property - HELD Ihdia The Company Court was not justified in passing the impugned order dated The Company Court failed to take into consideration that vide the aforesaid order dated On the date of passing of the aCses order dated No doubt, the bid of Respondent Oppression Case Mismanagement - siphoning of funds - alteration of shareholder's composition - HELD THAT:- The interim order having already passed, no further order is required to be passed and the impugned order dated 23rd August, passed by the Tribunal stands substituted by the interim order already passed by this Appellate Tribunal.

The impugned order dated 27th September, need not be interfered with - Tribunal is required to decide the Interlocutory Applications filed under Section 45 after hearing the parties without being influ It is also found that the company came out with Initial Public Offer and issued prospectus to raise public funds on Thereafter the team Cmopany directors has completely changed. The initial promoters of th Appellants are unable to convince why her name is not mentioned in the list of employees of the appellant company.

NCLT has rightly held that there is deadlock in the company and there is no possibility that the deadlock can be resolved and the business can be operated with the shareholder agreement, MOA and AOA of the appellant company.

The Act, has taken care of merger of LLP into company. In this regard Section of the Act, provides that for the purpose of Part I of Chapter XXI the word company includes any partnership firm, limited liability partnership, cooperative society, society or Isri Company other business entity which can apply for registration under this part.

Kapil Sharma Production Company means that und Dismissal of suit - suit dismissed on the ground that the Czses of action of the suit is barred under Laww provisions of the Insolvency and Bankruptcy Code, - HELD THAT:- The Code of deals not only with corporate entities but also with individuals.

Therefore, Section of the Code of takes into Ckmpany a situation where the proceeding may be pending under the Code of against an individual also. Section of the Code of is in Part-5 dealing with miscellaneous matters. Section encompasses both a situation where there is an insolvency proceeding against a corporate entity as also against a person who is not a corporate entity.

Section of the Code of also prescribes a bar on the Civil Courts to assume jurisdiction in respect of any matter in which, the Adjudicating Authority or the Board is empowered b Therefore, it cannot be said that the Appellant Company is not carrying on any business or operations. The name of the Appellant Company be restored to the Register of Companies subject to the specific compliances - appeal allowed - decided in favor of appellant.

Csaes off of name of the appellant company from the Register of Companies - proceedings under Section of the Companies Act - HELD THAT:- Undisputedly Golden Bear Mortgage Company appellant company has not filed the financial statements and returns since onwards.

Therefore, ROC after serving the notice on appellant company has struck off the name of the company assuming that the company is not carrying on any business or operation - Except the failure to file the financial statements and returns, there is no complaint against the appellant company.

Appellant has placed on record the annual returns for the year onwards till The Las company is having asset and due to personal difficulties of the Directors they could not start business. In such circumstance, the order passed by National Company Law Tribunal is not sustainable in law - name of the appellant company be restored to the Register of Companies subject to the following compliances.

Whether respondent No. Himanshu Patwa, director of Nak Engineering Company Private Limited, knowingly and intentionally had sworn false affidavits in Notices of Motion Casea as to say that respondent No.

It must be noted that an inquiry contemplated in sub section i is not for finding whether the respondents are guilty or not but it is restricted Tax Management India. Forum What's New. Case Laws.

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