Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
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...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
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