Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Profiteering - Constitutional validity of Section 171 CGST Act and state GST Acts - The High Court views Section 171 as falling within the Parliament's law-making power under Article 246A, which empowers both the Parliament and state legislatures to enact laws on GST. This includes all ancillary, incidental, and necessary matters related to GST legislation. The Court also finds that Section 171 does not delegate any essential legislative function, as it sets out clear legislative policy and guidelines. - Moreover, the High Court points out that any ambiguity in the functioning of the National Anti-Profiteering Authority (NAA) established u/s 171, which may lead to inconsistent decisions, would not invalidate the section or the rules framed under it.
Profiteering - Constitutional validity of Section 171 CGST Act and state GST Acts - The High Court views Section 171 as falling within the Parliament's law-making power under Article 246A, which empowers both the Parliament and state legislatures to enact laws on GST. This includes all ancillary, incidental, and necessary matters related to GST legislation. The Court also finds that Section 171 does not delegate any essential legislative function, as it sets out clear legislative policy and guidelines. - Moreover, the High Court points out that any ambiguity in the functioning of the National Anti-Profiteering Authority (NAA) established u/s 171, which may lead to inconsistent decisions, would not invalidate the section or the rules framed under it.
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