Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
A liquidation auction for sale of a corporate debtor as a going concern was confined to the corporate debtor on an as is where is, as is what is, whatever there is and no recourse basis, and an alleged business plan could not enlarge the sale to include subsidiaries, joint ventures, associates or other third-party assets. The text notes that such assets were not shown to form part of the liquidation estate, and the prayers for restraint against alienation and for further extension or amendment of the payment schedule were rejected. Cancellation of the bid for non-payment was upheld, but the forfeiture of deposited sums remained unresolved because the Members differed on that limited issue.
A liquidation auction for sale of a corporate debtor as a going concern was confined to the corporate debtor on an as is where is, as is what is, whatever there is and no recourse basis, and an alleged business plan could not enlarge the sale to include subsidiaries, joint ventures, associates or other third-party assets. The text notes that such assets were not shown to form part of the liquidation estate, and the prayers for restraint against alienation and for further extension or amendment of the payment schedule were rejected. Cancellation of the bid for non-payment was upheld, but the forfeiture of deposited sums remained unresolved because the Members differed on that limited issue.
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