Faceless reassessment jurisdiction turned on retrospective AO definition, with later faceless-assessment changes treated as clarificatory and procedur...
Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
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Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
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