Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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HC upholds maintainability of writ petition under Article 226 concerning regulatory oversight of ECL. Petitioner challenged RBI's failure to exercise statutory powers regarding fund misappropriation by ECL directors. Court affirmed that statutory powers vested in public authorities imply duties enforceable through Article 226. Rejected argument regarding NCLT/NCLAT jurisdiction bar under Section 430 of Companies Act, 2013, noting NCLT lacks authority to issue prerogative writs to RBI. Court distinguished between NCLT proceedings and writ jurisdiction, emphasizing RBI's regulatory duties. Determined writ remedy appropriate where regulatory body fails to exercise statutory functions. Petition dismissed while upholding maintainability of original writ jurisdiction.
HC upholds maintainability of writ petition under Article 226 concerning regulatory oversight of ECL. Petitioner challenged RBI's failure to exercise statutory powers regarding fund misappropriation by ECL directors. Court affirmed that statutory powers vested in public authorities imply duties enforceable through Article 226. Rejected argument regarding NCLT/NCLAT jurisdiction bar under Section 430 of Companies Act, 2013, noting NCLT lacks authority to issue prerogative writs to RBI. Court distinguished between NCLT proceedings and writ jurisdiction, emphasizing RBI's regulatory duties. Determined writ remedy appropriate where regulatory body fails to exercise statutory functions. Petition dismissed while upholding maintainability of original writ jurisdiction.
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