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
Companies Law - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The High Court reviewed a challenge to an order issued u/s ...


Court held impugned order lacked prima facie case for info called u/s 206 of Companies Act, 2013. No finding of fraud or unlawful conduct by petitioner.

Case Laws     Companies Law

June 25, 2024

The High Court reviewed a challenge to an order issued u/s 206(4) of the Companies Act 2013, which required the furnishing of details, documents, and information. The Court held that for such an order to be valid, it must establish a prima facie connection between the information sought and the business of the company being conducted fraudulently or unlawfully. The court found that the impugned order lacked this essential linkage and did not demonstrate any fraudulent or unlawful conduct by the petitioner. As the order did not meet the necessary preconditions set out in Sections 206(1) to (3), it was deemed jurisdictionally flawed, leading to the disposal of the petition.

View Source

 


 

You may also like:

  1. The Calcutta High Court considered a case involving the clandestine removal of wire rods and the levy of a penalty under Rule 26 of the Central Excise Rules, 2002. The...

  2. Money Laundering - Validity of framing of charges - dealing in skin and organs of prohibited animals - proceeds of crime - scheduled offence - The High court emphasizes...

  3. The High Court examined whether a supply was a composite supply u/s 8(a) of the CGST Act/JGST Act or a mixed supply u/s 8(b). The supply involved transportation of Power...

  4. Validity of direction issued to the Registrar of Companies to inspect the books and conduct inquiries - Serious irregularities have been found in the forensic audit...

  5. The Delhi High Court addressed a case involving money laundering and illegal kidney transplantation conspiracy. The court emphasized that bail can be challenged and...

  6. Fraudulent transactions - once credit is Prima facie taken on finished goods in the guise of scrap, fraudulent activity clearly surfaces, Prima facie case is in the...

  7. Revision u/s 263 - Addition u/s 14A - The Tribunal found fault with the CIT by observing that when such was the stand taken by the assessee, it is necessary for the CIT...

  8. Stay of demand - direction as called upon the writ petitioner to make a pre-deposit of 20% - The Delhi High Court dismissed the writ petition challenging the ITAT's...

  9. The High Court considered a case involving bribery and criminal liability, where an individual sought provisional release for monetary gain. The court held that the...

  10. The Madhya Pradesh High Court examined the scope of judicial review u/s 212(1)(c) of the Companies Act, 2013 regarding the Central Government's sanction for an...

  11. IPR service - Transfer of rights - Since we have found a prima facie case on the ground that the transfer in this case cannot be considered as a temporary one, stay granted - AT

  12. Money Laundering/Conspiracy - proceeds of crime - The words “prima facie case” as such have not been defined under any provision of the Code. At different stages of a...

  13. Constitutional power of the Central Government over State - The imposition of a Net Borrowing Ceiling on the state - The inclusion of State-Owned Enterprises in the...

  14. Oppression and mismanagement - the observations made by the Tribunal that the Respondents had been removed from the Board and their shareholding had been cancelled...

  15. Jurisdiction - power of inspecting officers - whether the powers vested on inspecting officers can be withdrawn - This Court, prima facie is of the view that the present...

 

Quick Updates:Latest Updates