Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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A Tribunal cannot condition remand for breach of natural justice on payment of costs so that default automatically validates an invalid ex parte appellate order. Although it may impose ordinary procedural costs, its discretion cannot defeat the statutory right of appeal or make the remedy illusory; the automatic-confirmation clause was quashed and the appeal restored unconditionally for merits adjudication. A first appellate authority must issue a speaking order stating the points for determination, decision and reasons; the non-speaking ex parte order was void. For the unsecured-loan addition, banking and corporate records required proper factual evaluation, and general third-party reports without independent inquiry were insufficient; the issue was remanded for fresh adjudication.
A Tribunal cannot condition remand for breach of natural justice on payment of costs so that default automatically validates an invalid ex parte appellate order. Although it may impose ordinary procedural costs, its discretion cannot defeat the statutory right of appeal or make the remedy illusory; the automatic-confirmation clause was quashed and the appeal restored unconditionally for merits adjudication. A first appellate authority must issue a speaking order stating the points for determination, decision and reasons; the non-speaking ex parte order was void. For the unsecured-loan addition, banking and corporate records required proper factual evaluation, and general third-party reports without independent inquiry were insufficient; the issue was remanded for fresh adjudication.
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