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Companies Law - Highlights / Catch Notes

Home Highlights August 2020 Year 2020 This

Winding up order - The Company was non-functional, it had ...

Companies Law

August 27, 2020

Winding up order - The Company was non-functional, it had already given its premises on rent and it was the only income of the Company. Therefore, we find that the Tribunal came to a definite conclusion of ‘oppression and mismanagement’ of the Company and ‘oppression’ of the Member - if the NCLT has ordered for winding-up of the Company, no interference is called for - AT

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  1. Determination of perquisite value - Notional interest on deposit given by the employer with the landlord for securing the rented premises - Not a perquisite - not taxable - AT

  2. Oppression and Mismanagement - allegation of renting the premises on rent which would fetch higher rent if used as banquet hall - tribunal granted permission to let out...

  3. Winding up petition - whether a secured creditor was within its right to maintain a petition for winding up without giving up its security - Held yes - HC

  4. Winding up petition - non reply to statutory notice - commercial insolvency - as each of the companies are unable to discharge their debts, are commercially insolvent...

  5. Disallowances under section 30(1) - expenditure incurred on repair and renovation of renting premises allowed - HC

  6. 100% EOU - CENVAT credit - the appellants are entitled to CENVAT credit of service tax paid on rent of Mumbai premises as the said premises is directly related to the...

  7. CENVAT Credit - input service - Renting of immovable property - rental premises was not included in the registered premises - in connection with activity of the factory...

  8. CENVAT credit - input services or repair and maintenance - Assessee provided immovable property on rent - part of premises was rented out - proportionate credit allowed - AT

  9. CENVAT credit - the denial of credit of service tax paid on renting of immovable property services seems to be totally incorrect proposition when the factory is...

  10. CENVAT Credit - Service Tax paid on rent-a-cab services which were used for transporting of officials and guests to and from the factory premises - Credit allowed - AT

 

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