Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
NCLAT held that the dismissal of the oppression and mismanagement petition filed by R/Petitioner against R1 Company and other respondents has attained finality, as no appeal or cross-appeal was filed by R/Petitioner against the order dated 28.11.2023 of the NCLT. Consequently, all substantive reliefs sought, including cancellation and transfer of shares, rectification of the members' register, declarations on directorship, return of documents, removal of a nominee director, and invalidation of board resolutions, stand rejected in toto. NCLAT clarified that any adverse or stray findings in the NCLT judgment, impugned by the Appellant/Respondent, are confined to that adjudication, merge with the dismissal of the company petition, and cannot be invoked in collateral proceedings, including contempt. The company appeal was accordingly closed.
NCLAT held that the dismissal of the oppression and mismanagement petition filed by R/Petitioner against R1 Company and other respondents has attained finality, as no appeal or cross-appeal was filed by R/Petitioner against the order dated 28.11.2023 of the NCLT. Consequently, all substantive reliefs sought, including cancellation and transfer of shares, rectification of the members' register, declarations on directorship, return of documents, removal of a nominee director, and invalidation of board resolutions, stand rejected in toto. NCLAT clarified that any adverse or stray findings in the NCLT judgment, impugned by the Appellant/Respondent, are confined to that adjudication, merge with the dismissal of the company petition, and cannot be invoked in collateral proceedings, including contempt. The company appeal was accordingly closed.
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