Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

NCLAT dismissed the appeal involving a dispute over director's ...


Director's Compensation Claim Rejected: No Additional Remuneration Without Board Resolution and Insufficient Substantive Evidence

May 9, 2025

Case Laws     IBC     AT

NCLAT dismissed the appeal involving a dispute over director's emoluments. The Appellant, initially appointed as CFO and subsequently designated as Whole-Time Director, was terminated from employment. The Tribunal held that no separate remuneration was payable for the director role, as there was no board resolution approving additional compensation. The pre-existing contractual dispute was deemed non-maintainable under the Code, with all terminal benefits already paid. The Appellant failed to substantiate claims for continued emoluments after relinquishing the CFO position, resulting in the appeal's dismissal based on lack of documentary evidence and procedural requirements.

View Source

 


 

You may also like:

  1. Provision for remuneration of whole time directors – Enhanced directors remuneration – claim of assessee was allowable - AT

  2. Addition on account of directors’ remuneration being treated as excessive u/s. 40A(2) - once it is established that remuneration has been paid to directors then Revenue...

  3. Disallowing excess directors remuneration - sum paid towards directors remuneration and that is to the extent of 80% of the net profit - the AO has not carried out any...

  4. Liability of Independent Director who was retired before the date of offence - the petitioner as seen from the documents was an Additional Director on the date the board...

  5. The director's remuneration in the form of commission based on a percentage of the company's total profit is not subject to service tax under the reverse charge...

  6. Appointment of Additional Director or independent Director - incorrect declaration in the aforesaid Form DIR-12 or not - The subsequent documents along with the...

  7. Personal hearing notice issued to petitioner by Assistant Director (SRO) directing appearance before Additional Director (adjudicating authority). Additional Director's...

  8. Director who does not possess DIN would not be legally entitled to participate in the proceedings of the meeting of Board of Directors. Consequently, a resolution passed...

  9. ITAT ruled against revenue, finding that remuneration paid to the managing director was within permissible limits under Companies Act provisions as per Circular...

  10. Remuneration (salary, allowances, commission on company profits) paid to directors of a company is not liable to service tax under reverse charge mechanism. The Income...

  11. Disallowance of directors remuneration u/s 40A(2)(a) - A.O by misconstruing the scope and gamut of Sec. 40A(2)(a) had disallowed the entire amount of the directors...

  12. Clarification in respect of levy of GST on Director’s remuneration - Reg. - CGST - Circular

  13. Jurisdiction - Additional Director General of DRI was a proper officer or not - The Additional Director General of DRI not having, in the first instance, assessed and...

  14. Shareholder/director dispute impacting company operations and statutory compliance. Parties agreed on appointing independent director to resolve deadlock, facilitate...

  15. Oppression and Mismanagement - allotment of shares - continuation as additional (3rd) director after 26.9.2010 is not as per law as was not regularised in AGM - Board...

 

Quick Updates:Latest Updates