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Companies Law - Highlights / Catch Notes

Home Highlights July 2023 Year 2023 This

Wrongful withholding of laptops (after resignation) which is ...

Companies Law

July 12, 2023

Wrongful withholding of laptops (after resignation) which is punishable u/s 452 of the Companies Act, 2013 - Former employee of the company - The petitioners have returned the property and since, in the facts and circumstances, it cannot be said that they had initially wrongfully withheld the property, the continuation of the impugned prosecution would be an abuse of process of law. - The prosecution proceedings quashed. - HC

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  1. Misappropriation of funds/ assets/ shares/ stocks of the said company - illegally transferring of company assets - fraud - the Delhi High Court addressed the legal...

  2. Effect of resignation from Directorship - ROC refused to remove the name of the Petitioner as a Director of Respondent No. 4-company - The High court acknowledged the...

  3. TDS u/s 195 - withholding tax deducted at source (TDS) - Considering that the nature of these proceedings is confined to withholding of tax, and that the financial year...

  4. Disqualification of director - The resignation of a Director takes immediate effect from the date on which the notice of resignation is received by the company. Hence...

  5. Resignation of statutory auditors from listed entities and their material subsidiaries

  6. Resignation of director - the requirement for forwarding of copy of resignation by director to the Registrar shall be optional - Section 168(1) of the Companies Act, 2013

  7. Resignation of Director - Company refused to accept the resignation - resignation will not relieve the petitioner from any liability if any, which he may have incurred...

  8. Condonation of delay of 452 days in filing the Appeal - Tribunal has used its judicial discretion not to condone the delay - if the Tribunal followed the decision of the...

  9. Application u/s 197 - reduction of withholding tax - petitioner had sought a certificate, at “NIL” rate of tax - request to issue certificate at lower was rejected -...

  10. Bar against direct demand on assessee u/s 205 - Withholding tax payable on salary - Adjustment of the withheld tax not been deposited by the deductor - the petitioner is...

  11. Orders/certificates u/s 197 - rate of withholding tax - he petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business...

  12. TDS u/s 195 - withholding demands under section 201 - A tax withholding liability, particularly under section 195, is a vicarious liability and its survival entirely...

  13. Withholding of refund - Validity of SCN - Mere pendency of the revision proceedings cannot be a justification for withholding the refund since that is not a ground for...

  14. Withholding tax credit deducted by US based subsidiary of the assessee company in USA on payment of interest loan - Indo-US DTAA - If the TDS certificate is produced by...

  15. Decision of the Tribunal having assumed finality, is not open to the respondent authorities to either withhold release of the bank guarantees or to withhold refund - HC

 

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