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Hyderabad Tribunal rules that receipt of shares in a scheme of amalgamation is taxable

by Majmudar & Partners | May 25, 2023 | Tax

Download .pdf In a recent ruling, the Hyderabad Income Tax Appellate Tribunal (the “Tribunal”) has, in the Vertex Projects case, held that if shares are received in a scheme of amalgamation by an amalgamated company being less than the fair market value (“FMV”), then...

SEBI allows LPs to choose the AIF investments they want to participate in

by Majmudar & Partners | May 18, 2023 | Private Equity and Venture Capital, Securities Law

Download .pdf Introduction In a circular issued last month (the “Circular”), the Securities and Exchange Board of India (the “SEBI”) has allowed specific investors to excuse or exclude themselves from any particular investment being made by an alternative investment...

India’s Supreme Court rules on the maintainability of proceedings against auditors after their resignation

by Majmudar & Partners | May 16, 2023 | Disputes and Arbitration

Download .pdf In a recent ruling, India’s Supreme Court has held that an enquiry or proceeding against an auditor of a company under Section 140(5) of the Companies Act, 2013 (the “Act”) does not terminate upon the resignation of the auditor, and the auditor, if found...
Gujarat High Court rules on stamp duty levy in M&A transactions

Gujarat High Court rules on stamp duty levy in M&A transactions

by Majmudar & Partners | May 9, 2023 | Corporate/M&A

Download .pdf In a recent ruling, the Gujarat High Court (the “GHC”) has dealt with five different issues under the Gujarat Stamp Act, 1958 (the “GSA”) and has held that: In a composite scheme of arrangement where undertakings are transferred by way of a merger,...

Supreme Court rules on what constitutes management and control under Indian tax law

by Majmudar & Partners | Apr 23, 2023 | Tax

Download .pdf In a recent ruling, India’s Supreme Court (“SC”) has held that the term “management and control” of a company means where the head, seat and the directing power of the business affairs lie.  It is not merely theoretical or de jure control and power,...
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Majmudar & Partners (previously known as Majmudar & Co.), founded in 1943, is one of India’s premier law firms, serving an impressive roster of global corporations, major banks, and financial institutions, blending over 75 years of legal excellence with modern, international best practices.

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