Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
This case pertains to a writ petition filed by a company invoking Article 226 of the Constitution, seeking directions to the Reserve Bank of India (RBI) to initiate action against Exclusive Capital Limited under Chapter IIIB of the RBI Act, 1934. The Court held that a writ of mandamus lies when statutory authorities fail to exercise their powers, leading to irreparable harm to statutory rights. Despite repeated reminders, Exclusive Capital Limited's management failed to provide organizational details, statutory compliance records, personnel particulars, and financial statements, indicating mismanagement. The company's reply denied RBI's concerns and claimed the conversion of OCDs into CCPS was to restore leverage ratio, and that RBI regulations were inapplicable. The Court distinguished the Krishnakrupa case, where the High Court refused to interfere in RBI's banking affairs. Finding ample material warranting an inquiry into Exclusive Capital Limited's affairs and RBI's failure to exercise supervisory powers, the Court directed the suspension of the company's Board of Directors until further orders and compliance reporting on 02.12.2024.
This case pertains to a writ petition filed by a company invoking Article 226 of the Constitution, seeking directions to the Reserve Bank of India (RBI) to initiate action against Exclusive Capital Limited under Chapter IIIB of the RBI Act, 1934. The Court held that a writ of mandamus lies when statutory authorities fail to exercise their powers, leading to irreparable harm to statutory rights. Despite repeated reminders, Exclusive Capital Limited's management failed to provide organizational details, statutory compliance records, personnel particulars, and financial statements, indicating mismanagement. The company's reply denied RBI's concerns and claimed the conversion of OCDs into CCPS was to restore leverage ratio, and that RBI regulations were inapplicable. The Court distinguished the Krishnakrupa case, where the High Court refused to interfere in RBI's banking affairs. Finding ample material warranting an inquiry into Exclusive Capital Limited's affairs and RBI's failure to exercise supervisory powers, the Court directed the suspension of the company's Board of Directors until further orders and compliance reporting on 02.12.2024.
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