Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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