Landmark Cases on Company and Corporate Restructuring
59 decisions, ranked by how many judgments on BharatTax rely on them.
Appeals filed by an assessee undergoing insolvency proceedings are not sustainable without obtaining permission from the National Company Law Tribunal (NCLT) and furnishing a valid letter of authority from the appointed professional.
The case of J.P. Srivastava & Sons Private Limited and Others v. Gwalior Sugar Company Limited and Others is cited to explain the position of a shareholder and their rights within a company.
Significant beneficial ownership does not confer a right to vote, and Section 89 of the Companies Act, 2013, and Section 187C of the Companies Act, 1956, are considered pari materia.
Significant beneficial ownership does not automatically confer a right to vote. Sections 89 of the Companies Act, 2013, and 187C of the Companies Act, 1956, are considered pari materia.
The judgment is cited to explain the position and rights of a shareholder in a company.
Proceedings under the Income Tax Act cannot continue once proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) have been initiated against the assessee, as the IBC has an overriding effect.
A new undertaking is not a reconstruction of an old business, even if it manufactures some items also manufactured by the old unit, provided it is a separate and identifiable undertaking established with new plant and machinery.
Deemed dividend under Section 2(22)(e) is taxable only in the hands of a 'registered' shareholder and does not apply to a non-shareholder, even if they have a common director with a controlling stake.
A statutory notice issued in the name of a non-existent entity, such as an amalgamating company after the amalgamation has become effective, renders the entire assessment void ab initio.
