Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
Illegal removal of a seized container and substitution through forged gate passes was treated as a serious breach of HCCAR supervision and customs compliance, but revocation of custodianship was held to be a disproportionate response. The Tribunal noted recovery of the goods, police findings showing no material against management, cooperation with investigation, and corrective measures taken thereafter. It upheld penalty for the violations but declined the severest consequence of revocation. On vicarious liability, it held that employee misconduct alone, without evidence of knowledge, connivance or conscious facilitation by management, could not justify revocation, and the Department failed to show grounds for appellate interference.
Illegal removal of a seized container and substitution through forged gate passes was treated as a serious breach of HCCAR supervision and customs compliance, but revocation of custodianship was held to be a disproportionate response. The Tribunal noted recovery of the goods, police findings showing no material against management, cooperation with investigation, and corrective measures taken thereafter. It upheld penalty for the violations but declined the severest consequence of revocation. On vicarious liability, it held that employee misconduct alone, without evidence of knowledge, connivance or conscious facilitation by management, could not justify revocation, and the Department failed to show grounds for appellate interference.
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