Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Transfer of pending winding up proceedings under the statutory transfer scheme can be ordered even without a party application, because Section 434(1)(c) requires assessment of the stage of liquidation and whether it has become irreversible or irretrievable. On the facts, only possession of assets had been taken and the immovable properties remained unsold, so liquidation had not crossed that stage. The transfer order was therefore a valid exercise of jurisdiction and the challenge failed.
Transfer of pending winding up proceedings under the statutory transfer scheme can be ordered even without a party application, because Section 434(1)(c) requires assessment of the stage of liquidation and whether it has become irreversible or irretrievable. On the facts, only possession of assets had been taken and the immovable properties remained unsold, so liquidation had not crossed that stage. The transfer order was therefore a valid exercise of jurisdiction and the challenge failed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
