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...
The dominant issue was whether an operational creditor's Section 9 application was barred by Section 10A because the defaults pertained to invoices allegedly falling within the excluded period. The tribunal held that the dates of default for two invoices relating to one project arose beyond the Section 10A prohibited period; hence, dismissal solely on Section 10A was legally untenable. As the debt under these two invoices exceeded the Section 4 threshold of Rs 1 crore, the adjudicating authority was required to consider them on merits. The impugned dismissal was set aside, the Section 9 application was restored, and the matter was remanded for fresh consideration limited to those invoices - NCLAT
The dominant issue was whether an operational creditor's Section 9 application was barred by Section 10A because the defaults pertained to invoices allegedly falling within the excluded period. The tribunal held that the dates of default for two invoices relating to one project arose beyond the Section 10A prohibited period; hence, dismissal solely on Section 10A was legally untenable. As the debt under these two invoices exceeded the Section 4 threshold of Rs 1 crore, the adjudicating authority was required to consider them on merits. The impugned dismissal was set aside, the Section 9 application was restored, and the matter was remanded for fresh consideration limited to those invoices - NCLAT
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