Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
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...
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The High Court dismissed the petition challenging the show cause notice issued by SEBI. The key findings were: the arguments of delay, laches, review, revisit, double jeopardy, and res judicata were not accepted to quash the notice at this stage, allowing petitioners to raise such defenses before SEBI. The Court found no non-application of mind by SEBI in issuing the notice based on the available material. SEBI agreed to provide certain information related to an earlier complaint within two weeks. Petitioners were granted four weeks after receiving that information to file their response to the show cause notice. The Court declined to interfere further, stating that fairness is a two-way process, and prolonging adjudication unnecessarily should be avoided. The extraordinary jurisdiction was not meant for stalling proceedings at every stage.
The High Court dismissed the petition challenging the show cause notice issued by SEBI. The key findings were: the arguments of delay, laches, review, revisit, double jeopardy, and res judicata were not accepted to quash the notice at this stage, allowing petitioners to raise such defenses before SEBI. The Court found no non-application of mind by SEBI in issuing the notice based on the available material. SEBI agreed to provide certain information related to an earlier complaint within two weeks. Petitioners were granted four weeks after receiving that information to file their response to the show cause notice. The Court declined to interfere further, stating that fairness is a two-way process, and prolonging adjudication unnecessarily should be avoided. The extraordinary jurisdiction was not meant for stalling proceedings at every stage.
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