Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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The NCLAT held that a bidder excluded from an e-auction due to an alleged technical glitch had shown bona fide participation: the record showed registration, document upload, EMD deposit, repeated logins and prompt complaints about the unavailable pre-qualification link, while the liquidator's communications did not clearly identify that separate step or its deadline. The Tribunal found that abandonment, lack of seriousness and false plea of technical difficulty could not be inferred without technical verification from the auction platform, and the benefit of doubt had to go to the bidder. It further held that concluded auctions may be reopened where exclusion and inadequate pricing affect value maximization, and directed a fresh e-auction open to all eligible bidders.
The NCLAT held that a bidder excluded from an e-auction due to an alleged technical glitch had shown bona fide participation: the record showed registration, document upload, EMD deposit, repeated logins and prompt complaints about the unavailable pre-qualification link, while the liquidator's communications did not clearly identify that separate step or its deadline. The Tribunal found that abandonment, lack of seriousness and false plea of technical difficulty could not be inferred without technical verification from the auction platform, and the benefit of doubt had to go to the bidder. It further held that concluded auctions may be reopened where exclusion and inadequate pricing affect value maximization, and directed a fresh e-auction open to all eligible bidders.
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