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Bombay High Court Hears Writ Petition Challenging Taxation of Alleged Shortfall in Share Premium Under Transfer Pricing Provisions. The Dispute Centers on Whether Chapter X of the Income Tax Act, 1961 Can Apply When No Actual Income Arises from the International Transaction.

The petitioner, Vodafone India Services Pvt. Ltd., a wholly owned subsidiary of a non-resident holding company, issued 2,89,224 equity shares at a pre...

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NCLAT Considers Appeal Against NCLT Order Dismissing Application to Prevent Deduction from Resolution Plan Payout in CIRP of Amtek Auto Limited. CoC's Commercial Wisdom Under IBC and Permissibility of Deduction for Pre-CIRP Recoveries Examined by Appellate Tribunal.

(1) Background: The appeal arises from the Corporate Insolvency Resolution Process (CIRP) of M/s. Amtek Auto Limited, initiated on 24 July 2017 on an ...

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Bombay High Court Dismisses Petition Challenging LIC's RFP for Registrar and Share Transfer Agent. Court holds that LIC's decision to prescribe minimum net worth of Rs. 300 crores in the RFP is a commercial decision and not arbitrary or discriminatory under Article 14 of the Constitution.

The Petitioner, Alankit Assignments Limited, a company engaged in the business of Registrar and Share Transfer Agent (RTA), filed a Writ Petition unde...

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High Court of Bombay Examines Jurisdictional Challenge to Transfer Pricing Adjustment on Equity Share Issuance. Whether Alleged Shortfall in Premium Constitutes Income from International Transaction Under Chapter X of Income Tax Act, 1961.

Vodafone India Services Pvt. Ltd. (the Petitioner), a wholly owned subsidiary of a non-resident holding company, required funds for its telecommunicat...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Reasonable Belief of Income Escaping Assessment. Share Premium Reassessment Based on Intrinsic Valuation Without New Material Held Invalid Under Section 147 of the Income Tax Act, 1961.

The petitioner, SLS Energy Pvt. Ltd., challenged a notice dated 23 March 2015 issued under Section 148 of the Income Tax Act, 1961, for the assessment...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

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Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...