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Bombay High Court Quashes NSE Stop Transfer Order and Directs Issuance of Duplicate Share Certificates — NSE Cannot Invoke Section 108 of Companies Act, 1956 to Freeze Shares of a Non-Defaulting Shareholder.

The petitioner, Aloysius D'Souza, acquired shares of Dr. Reddy's Laboratories Ltd. between 1986 and 1997. In 2007, he applied for duplicate share cert...

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Bombay High Court Allows Appeal in Company Law Dispute Over Share Transfer and Gift Validity. Statutory Register Prevails Over Returns Filed with Registrar of Companies in Case of Conflict.

The present appeal is filed under Section 10-F of the Companies Act, 1956, challenging the order and judgment passed by the Company Law Board. The app...

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Supreme Court Allows Revenue's Appeal in Income Tax Case on Bonus Shares - Averaging Original Cost Over All Shares. When Bonus Shares Rank Pari Passu, the Correct Method to Compute Profit or Loss is to Spread the Cost of Original Shares Over Both Original and Bonus Shares.

This case involved the method of computing profit or loss on the sale of bonus shares in the hands of a dealer in shares. The respondent, Gold Mohore ...

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Bombay High Court Allows Appeal Against Company Law Board Order — Transfer of Shares After BIFR Recommendation Void Under Section 536(2) Companies Act, 1956. Winding Up Deemed to Commence from Date of BIFR Recommendation Under Section 441(2) Companies Act, 1956.

The appellants, Maharashtra Antibiotics and Pharmaceuticals Ltd. (MAPL) and Hindustan Antibiotics Ltd., challenged an order of the Company Law Board (...

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Bombay High Court Grants Stay on Tax Recovery in Gift of Shares Case Under Section 56(1) of Income Tax Act, 1961. Court allows stay of recovery pending appeal, subject to conditions protecting revenue, without deciding merits of taxability of gift of shares.

The petitioner, M/s. Nerka Chemicals Private Limited, a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL), challenged an order dated ...

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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 Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...