Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
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Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
In proceedings concerning alleged fraudulent share transfers and related oppression/mismanagement allegations, the dominant issue was whether the tribunal could direct an independent forensic audit/testing of disputed documents on a prima facie view. Applying s. 424 of the Companies Act, 2013 and the NCLT Rules, it was held that natural justice requires an effective opportunity to establish one's case, and Rule 43 (calling for information/evidence) operates independently of Rule 45 (right of appearance/representation). For ordering expert testing, detailed merits analysis is unnecessary at the initial stage; a prima facie satisfaction suffices, with parties retaining the right to controvert the audit report later. The direction did not infringe any legal right, and the appeal was dismissed. - NCLAT
In proceedings concerning alleged fraudulent share transfers and related oppression/mismanagement allegations, the dominant issue was whether the tribunal could direct an independent forensic audit/testing of disputed documents on a prima facie view. Applying s. 424 of the Companies Act, 2013 and the NCLT Rules, it was held that natural justice requires an effective opportunity to establish one's case, and Rule 43 (calling for information/evidence) operates independently of Rule 45 (right of appearance/representation). For ordering expert testing, detailed merits analysis is unnecessary at the initial stage; a prima facie satisfaction suffices, with parties retaining the right to controvert the audit report later. The direction did not infringe any legal right, and the appeal was dismissed. - NCLAT
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