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...
Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
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