Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Denial of cross-examination in adjudication proceedings alleging fraudulent exports and overvaluation to wrongfully claim duty drawback was held not to violate natural justice. Cross-examination is not an absolute right; the requesting party must show specific prejudice and explain why it is necessary for substantial justice. The request was found vague, unsupported by reasons, and indicative of delaying tactics, particularly where many co-noticees were non-existent or failed to appear and the officials acted in their official capacity. Given the allegation that the co-noticees were set up by the petitioner, lack of bona fides was inferred. The challenge failed and the impugned order was upheld. - HC
Denial of cross-examination in adjudication proceedings alleging fraudulent exports and overvaluation to wrongfully claim duty drawback was held not to violate natural justice. Cross-examination is not an absolute right; the requesting party must show specific prejudice and explain why it is necessary for substantial justice. The request was found vague, unsupported by reasons, and indicative of delaying tactics, particularly where many co-noticees were non-existent or failed to appear and the officials acted in their official capacity. Given the allegation that the co-noticees were set up by the petitioner, lack of bona fides was inferred. The challenge failed and the impugned order was upheld. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
