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...
Judicial Discipline - Seeking refund of accumulated Cenvat credit - input services or not - The department had not accepted the judgement in the case of Paul Merchants and filed a Civil Appeal before the Supreme Court - The Tribunal emphasized the importance of judicial discipline, citing the Supreme Court's ruling in Union of India versus Kamlakshi Finance Corporation Ltd. The Commissioner (Appeals) was criticized for failing to adhere to judicial discipline by disregarding the Tribunal's previous decisions. It was emphasized that the Commissioner was obligated to follow the Tribunal's orders unless they were stayed or set aside by a higher court.
Judicial Discipline - Seeking refund of accumulated Cenvat credit - input services or not - The department had not accepted the judgement in the case of Paul Merchants and filed a Civil Appeal before the Supreme Court - The Tribunal emphasized the importance of judicial discipline, citing the Supreme Court's ruling in Union of India versus Kamlakshi Finance Corporation Ltd. The Commissioner (Appeals) was criticized for failing to adhere to judicial discipline by disregarding the Tribunal's previous decisions. It was emphasized that the Commissioner was obligated to follow the Tribunal's orders unless they were stayed or set aside by a higher court.
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