Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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Approved resolution plans bind existing members and override inconsistent company-law remedies, so equity share capital validly extinguished under a concluded insolvency resolution cannot be revived through rectification of the Register of Members. Membership in a company limited by shares follows shareholding; no separate membership right survives cancellation of pre-resolution shares. Register-maintenance provisions are administrative and do not preserve extinguished rights, while Producer Company provisions do not apply to a non-Producer Company. Rectification is confined to wrongful entries or omissions and related damages, not independent compensation, fresh shares, interest, or mental-suffering damages. Claims omitted from the plan are extinguished under its clean-slate effect; the rectification claim and consequential reliefs were not maintainable.
Approved resolution plans bind existing members and override inconsistent company-law remedies, so equity share capital validly extinguished under a concluded insolvency resolution cannot be revived through rectification of the Register of Members. Membership in a company limited by shares follows shareholding; no separate membership right survives cancellation of pre-resolution shares. Register-maintenance provisions are administrative and do not preserve extinguished rights, while Producer Company provisions do not apply to a non-Producer Company. Rectification is confined to wrongful entries or omissions and related damages, not independent compensation, fresh shares, interest, or mental-suffering damages. Claims omitted from the plan are extinguished under its clean-slate effect; the rectification claim and consequential reliefs were not maintainable.
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