AI Overview...
Types of Arrangements between Companies
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Schemes of Amalgamation and Demerger - Companies can enter into arrangements such as mergers, amalgamations, and demergers under the Companies Act, 2013 (Sections 230-232). These arrangements involve the transfer of divisions or assets between companies, often requiring court approval and compliance with statutory provisions Nav Auxichem Private Limited vs Perfect Belts Private Limited - National Company Law Tribunal, ANANNYA REALTORS PRIVATE LIMITED VS - National Company Law Tribunal, SHRISTI RIVERINE LIMITED VS - National Company Law Tribunal, In the matter of ICICI Bank Limited VS N. R. - Bombay, SHRISTI RIVERINE LIMITED VS - National Company Law Tribunal.
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Hybrid and Complex Arrangements - Various hybrid arrangements and combinations exist, such as revenue sharing, distribution agreements, or special delivery arrangements, which may not fall under a single straightforward category. Clarifications are issued to ensure uniform tax and legal treatment of these arrangements Mediaone Global Entertainment Ltd. VS Chief Commissioner of Central Excise, Uthamar Gandhi Salai - Madras.
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Special Arrangements in Delivery and Packaging - In wholesale trade, companies may have special arrangements like packing in wooden cases or other logistical setups to facilitate delivery, affecting assessable value and logistics considerations Commissioner Of Central Excise, Allahabad VS Hindustan Safety Glass Works LTD. , Etc. - Supreme Court.
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Related Party Transactions - Arrangements between holding and subsidiary companies, including sale of products at different prices, are common. These are scrutinized under laws like the Central Excise Act and the Companies Act, especially regarding related-party transactions and transfer pricing COMMISSIONER OF CENTRAL EXCISE, HYDERABAD VS DETERGENTS INDIA LTD. - Supreme Court.
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Legal Framework and Court Considerations - Arrangements that involve creditor interests, member agreements, or contractual assets are subject to judicial approval, with courts ensuring that such schemes do not adversely affect creditors or violate statutory provisions Nav Auxichem Private Limited vs Perfect Belts Private Limited - National Company Law Tribunal, SHRISTI RIVERINE LIMITED VS - National Company Law Tribunal.
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Investigations and Regulatory Oversight - Certain arrangements, especially involving related entities or complex asset transfers, may be under investigation for fraud or regulatory compliance, emphasizing the importance of adherence to legal standards Suresh Kumari vs Registrar of Companies - Delhi.
Analysis and Conclusion
Companies can engage in various arrangements such as mergers, demergers, revenue sharing, special logistic setups, and related-party transactions. These arrangements often require statutory approval, court sanction, and compliance with applicable laws like the Companies Act, 2013, and tax regulations. The legal framework provides mechanisms to ensure transparency, protect creditor interests, and regulate complex hybrid arrangements, highlighting their diverse nature and the need for careful legal and regulatory adherence.
References: - Nav Auxichem Private Limited vs Perfect Belts Private Limited - National Company Law Tribunal, ANANNYA REALTORS PRIVATE LIMITED VS - National Company Law Tribunal, SHRISTI RIVERINE LIMITED VS - National Company Law Tribunal, In the matter of ICICI Bank Limited VS N. R. - Bombay, SHRISTI RIVERINE LIMITED VS - National Company Law Tribunal, Mediaone Global Entertainment Ltd. VS Chief Commissioner of Central Excise, Uthamar Gandhi Salai - Madras, Commissioner Of Central Excise, Allahabad VS Hindustan Safety Glass Works LTD. , Etc. - Supreme Court, COMMISSIONER OF CENTRAL EXCISE, HYDERABAD VS DETERGENTS INDIA LTD. - Supreme Court, Suresh Kumari vs Registrar of Companies - Delhi
Search Results for "What Types of Arrangements can Exist between Companies"
2025 Supreme(Online)(NCLT) 708 • India - National Company Law Tribunal
Harnam Singh Thakur, Shishir Agarwal, JJ
(A) Companies Act, 2013 - Sections 230 & 232 - Scheme of Amalgamation - The Applicant Companies sought sanction of a proposed Scheme ... companies. ... Applicant Companies. ... Harishree Aromatics and Chemicals Private Limited (Supra), net-worth certificate of both the Applicant Companies (pre and post-merger) and the fact stated in the application that Transferee Company would continue to exist after the sanctioning of the Scheme and would have sufficient funds ... (xii) The Applican....
2023 Supreme(Online)(NCLT) 3210 • India - National Company Law Tribunal
Shri H.V. Subba Rao, Member (Judicial), Shri Satya Ranjan Prasad, Member (Technical)
, justifying arrangements under applicable sections of the Companies Act 2013, with compliance affirmed. ... (A) Companies Act, 2013 - Sections 230-232 - Petition for sanction of Scheme of Arrangement for demerger of divisions from Anannya ... Realtors Private Limited to three resulting companies. ... Companies Act, 2013 and read with Companies (Compromises, Arrangements and Amalgamation) Rules, 2016 for all the estate and interest of Anannya Realto....
2013 0 Supreme(Mad) 2172 • India - Madras
R.BANUMATHI, T.S.SIVAGNANAM
exhibitors of movies, challenged Circular No.148/17/2011-ST dated 13.12.2011, which sought to levy service tax on revenue sharing arrangements ... Therefore, the CBEC clarified, there may be various types of arrangements and there may be hybrid versions of arrangements that may exist and therefore a clarification was necessary. ... The Circular has examined different types of arrangements between distributor/sub-distributor or exhibitor of the movie. To ensure uniform....
2001 0 Supreme(Bom) 1164 • India - Bombay
D.G.KARNIK
COMPANIES ACT, 1956 ... Sections 391 to 394- Amalgamation- While considering ... the scheme of amalgamation or merger of two companies the Court is duty bound to consider interest of all creditors and to see whether ... When the arrangement is purely between the company and its members on account of which the creditors were rightly to be affected, ... There are three types of arrangements which are common, namely, i) An arrangement between a company and its members; ii) An ar....
2023 Supreme(Online)(NCLT) 3209 • India - National Company Law Tribunal
Shri H.V. Subba Rao, Member (Judicial), Shri Satya Ranjan Prasad, Member (Technical)
(A) Companies Act, 2013 - Sections 230 to 232 - Petition for sanctioning a Scheme of Arrangement for the demerger of divisions of ... Orders issued for the taking effect of the arrangement and actions to be accordingly registered with the concerned Registrar of Companies ... The decision reaffirmed the legal framework for transactions under the Companies Act. ... 7.11 The Scheme does not contain or provide for any compromise or arrangements with any of the creditors of the Petitioner ....
2005 3 Supreme 29 • India - Supreme Court
S.N.VARIAVA, A.R.LAKSHMANAN
The test is whether for the purposes of delivery in the wholesale trade, glass sheets can be moved without special arrangements. ... In most cases the special arrangement is packing in wooden cases. ... assessable value of the glass—(Yes)—Cost of wooden cases are includible in the value of glass sheets sold by respondents—Special arrangement ... It is clear that these companies would take delivery without wooden cases because they have their own special arrangements to see that the glass sheets are tran....
2015 3 Supreme 351 • India - Supreme Court
A.K.SIKRI, ROHINTON FALI NARIMAN
nbsp;(b) Central Excise and Salt Act – Section 4(1)(a), Proviso (iii) – Normal price – Ingredients – Arrangements ... and subsidiary companies are related persons by virtue of the exercise of control by a holding company over a subsidiary company ... – Detergents India Ltd. selling products to Shaw Wallace at prices higher than the price charged by other unrelated companies from ... Both were public limited companies. ... When “holding company” and “subsidiary company” was spoken of, the Court held again that the idea of....
2023 Supreme(Online)(NCLT) 2872 • India - National Company Law Tribunal
Shri H.V. Subba Rao, Member (Judicial), Shri Satya Ranjan Prasad, Member (Technical)
(A) Companies Act, 2013 - Sections 230 to 232 - Approval of Scheme of Arrangement for demerger of company's divisions - The Petitioners ... filed for sanctioning a Scheme of Arrangement for the demerger of various divisions of the Demerged Company to Resulting Companies ... - All directions issued by the Tribunal were followed, and the Scheme is in compliance with the Act - The Companies demonstrated ... 7.11 The Scheme does not contain or provide for any compromise or arrangements wi....
2025 0 Supreme(Del) 39 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA
Considering the entire gamut of the case and its larger ramifications, where TCPSL and its sister concerns are under investigation by the Serious Fraud Investigation Unit, and Orris and other companies are facing inquiries by the Registrar under Chapter XIV of the Companies Act, 2013, the issue in question ... In fact, an asset owned by a third party, but which is in the possession of the corporate debtor under contractual arrangements, is specifically kept out of the definition of the term "assets” under the Explanation to Section 18. ......
1995 0 Supreme(SC) 202 • India - Supreme Court
A. M. AHMADI, N. P. SINGH, S. MOHAN
– Jurisdiction - Appellant had entered into agreements with large number of companies, who are respondents in different appeals, ... Monopolies and Restrictive Trade PRACTICES Act, 1969 - Section 55 - Evidence produced by the parties - Agreements with large number of companies ... in respect of distribution of different machineries and equipments within different territories of India - Companies, who are respondents ... The companies, who are respondents to the different appeals, have been manufacturing different #HL_STA....
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