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Search Results for "share premium valuation"

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High Court

"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

17 Dec 2024

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

High Court

Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

4 Oct 2024

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

12 Jul 2024

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 147 of Income Tax Act, 1961 — Reopening Based on Change of Opinion Without Fresh Material Held Invalid. The court held that the Assessing Officer cannot reopen an assessment merely on a change of opinion when all material facts were disclosed and considered in the original assessment under Section 143(3).

1 Feb 2024

The petitioner, Godrej Projects Development Pvt. Ltd., a company engaged in real estate development and assessed to income tax, filed its return of in...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment based on mere change of opinion on share premium addition under Section 68 is invalid as all material was disclosed during original assessment.

10 Jul 2023

The petitioner, Rajshree Realtors Private Limited, a real estate company, filed its return of income for Assessment Year 2012-2013 declaring income of...

High Court

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.

27 Jun 2023

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...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure — Share Premium Valuation Dispute Not a Failure to Disclose Material Facts.

10 Feb 2023

The petitioner, The Suminter Organic and Fair Trade Cotton Ginning Mill Pvt. Ltd., challenged a notice under Section 148 of the Income Tax Act, 1961, ...

High Court

Bombay High Court Confirms Reduction of Equity Share Capital of Wartsila India Limited — Court Approves Special Resolution for Reduction of Share Capital to Provide Exit to Minority Shareholders, Rejecting Oppression Allegations. The Court held that the reduction was bona fide and not oppressive, and confirmed the reduction under Section 100 of the Companies Act, 1956.

15 Nov 2010

The judgment concerns a Company Petition filed by Wartsila India Limited (WIL) seeking confirmation of a special resolution passed on 10th November 20...

High Court

Bombay High Court Sanctions Reduction of Equity Share Capital of Organon (India) Limited — Scheme Approved Despite Objection Regarding Valuation and Fairness. Court held that the reduction was fair and reasonable, and the objection regarding valuation was not sustainable as the price was based on SEBI delisting guidelines and accepted by majority shareholders.

7 Jun 2010

The judgment concerns a Company Scheme Petition filed by Organon (India) Limited seeking sanction and confirmation of a special resolution passed by i...

High Court

Bombay High Court Upholds Market Value Determination for Share Valuation in Oppression Case — Director's Rights Cease Upon Valuation. The court held that the market value determined by the Company Law Board for shares held by a minority shareholder was just and proper, and that the shareholder ceases to be a director upon valuation, not upon payment.

16 Jun 2005

The case involves two appeals filed against an order of the Company Law Board (CLB) dated 5.5.2003 in Company Petition No. 12 of 1998. The appellant, ...

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