Revenue authority mandates using scheme-specific reversal procedures, not revising original entries, for instrument-based trade/customs benefits effec...
Transaction value under s.15(1) governs unrelated sales; valuation between related parties per Rule 28; consignment note required for unregistered rec...
Maintainability of Criminal proceedings - illegal allotment of...
Illegal Share Transfers and Director Appointment: Criminal Proceedings to Continue Despite NCLT Findings Overturn.
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Companies LawApril 5, 2024Case LawsHC
Maintainability of Criminal proceedings - illegal allotment of shares - illegal appointment of petitioner as a director and transfer of shares - The court highlighted the distinct domains of the NCLT and criminal courts, stressing that findings in civil adjudications (NCLT) do not automatically negate criminal prosecutions. - The court scrutinized the allegations of digital signature misuse, unauthorized share transfers, and surreptitious changes in directorship. It found that these allegations, supported by evidence collected during the investigation, merited closer examination under criminal law, contrary to the trial court's decision which leaned heavily on NCLT findings. - n a pivotal move, the High Court set aside the trial court's order, remanding the matter for a fresh evaluation.
Maintainability of Criminal proceedings - illegal allotment of shares - illegal appointment of petitioner as a director and transfer of shares - The court highlighted the distinct domains of the NCLT and criminal courts, stressing that findings in civil adjudications (NCLT) do not automatically negate criminal prosecutions. - The court scrutinized the allegations of digital signature misuse, unauthorized share transfers, and surreptitious changes in directorship. It found that these allegations, supported by evidence collected during the investigation, merited closer examination under criminal law, contrary to the trial court's decision which leaned heavily on NCLT findings. - n a pivotal move, the High Court set aside the trial court's order, remanding the matter for a fresh evaluation.
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