Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
Stakeholder-list modification permits liquidators to update entries on new information, subject to notifying the Adjudicating Authority within prescri...
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
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