Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
The NCLAT upheld the impugned order dated 02.04.2025, affirming it as a continuation of prior directions rather than a review or recall prohibited under Section 420(2) of the Companies Act, 2013. The Tribunal found no justification for conducting a Secretarial Audit given the absence of evidence that financial statements were ever filed with the ROC for the period 2015-2023. The appellant failed to produce any material disputing the PCS report, which confirmed that the company was non-operational and thus ineligible for such audit. The appellant's reliance on pleadings without judicial scrutiny or evidential support was rejected. Consequently, the order dispensing with the Secretarial Audit was deemed judicious and based on a proper appreciation of the record. The appeal was dismissed in its entirety for lack of merit.
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