Independent assessment discretion and corroborated electronic evidence determine validity of on-money additions and undisclosed-consideration assessme...
Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
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For an RBI-regulated NBFC, breach of binding prudential norms may constitute conduct prejudicial to the company or public interest when assessed cumulatively with related-party dealings, inadequate compliance controls and governance failures. Regulatory penalties do not necessarily preclude oppression and mismanagement jurisdiction, because regulatory supervision and corporate-protection remedies address distinct concerns. Transactions involving related parties require demonstrable approval, documentation, security and recovery arrangements; retrospective omnibus approval may not validate earlier transactions. Resignations of compliance personnel and removal of independent directors may be relevant indicators of weakened governance safeguards. Administrator-led intervention and temporary board suspension may be proportionate protective measures where no equally effective, less intrusive alternative prevents further prejudice pending fuller inquiry.
For an RBI-regulated NBFC, breach of binding prudential norms may constitute conduct prejudicial to the company or public interest when assessed cumulatively with related-party dealings, inadequate compliance controls and governance failures. Regulatory penalties do not necessarily preclude oppression and mismanagement jurisdiction, because regulatory supervision and corporate-protection remedies address distinct concerns. Transactions involving related parties require demonstrable approval, documentation, security and recovery arrangements; retrospective omnibus approval may not validate earlier transactions. Resignations of compliance personnel and removal of independent directors may be relevant indicators of weakened governance safeguards. Administrator-led intervention and temporary board suspension may be proportionate protective measures where no equally effective, less intrusive alternative prevents further prejudice pending fuller inquiry.
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