IBC resolution plan immunity from money-laundering: corporate debtor removed as accused; cases continue against ex-directors, attached assets refunded...
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The dominant issue was whether revised compounding Guidelines dated 17.10.2024 could be applied to compute compounding fee for an offence under s.279(2) on a compounding application filed on 05.03.2021 pursuant to prior judicial directions. The Explanation to s.279(6), though retrospective from 01.04.1962, only clarifies the Board's power to issue binding instructions and operates as a proviso making the Commissioner's power subject to then-applicable Board instructions; it does not authorise applying later guidelines to an already-pending compounding request, unless a fresh independent application is made under the new guidelines. Consequently, determination of compounding charges under the 17.10.2024 Guidelines was held unsustainable. - HC
The dominant issue was whether revised compounding Guidelines dated 17.10.2024 could be applied to compute compounding fee for an offence under s.279(2) on a compounding application filed on 05.03.2021 pursuant to prior judicial directions. The Explanation to s.279(6), though retrospective from 01.04.1962, only clarifies the Board's power to issue binding instructions and operates as a proviso making the Commissioner's power subject to then-applicable Board instructions; it does not authorise applying later guidelines to an already-pending compounding request, unless a fresh independent application is made under the new guidelines. Consequently, determination of compounding charges under the 17.10.2024 Guidelines was held unsustainable. - HC
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