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...
Financial default and threshold: Tribunal found the financial creditor proved debt and default under the loan agreements and that the default amount exceeded the statutory threshold, therefore the adjudicating authority's initiation of CIRP was justified - order upheld. Scope of CIRP and relevance of securities: holding that where securities are confined to specified projects, CIRP and the moratorium cannot engulf unrelated projects; CIRP is limited to projects listed in the security/sanction documents (Mother City Lucknow, Mother City Extension including Sushant Golf City, and specified Ajmer, Jodhpur and Jaipur projects) and must proceed project-wise with resolution modality to be determined by the adjudicating authority. - NCLAT
Financial default and threshold: Tribunal found the financial creditor proved debt and default under the loan agreements and that the default amount exceeded the statutory threshold, therefore the adjudicating authority's initiation of CIRP was justified - order upheld. Scope of CIRP and relevance of securities: holding that where securities are confined to specified projects, CIRP and the moratorium cannot engulf unrelated projects; CIRP is limited to projects listed in the security/sanction documents (Mother City Lucknow, Mother City Extension including Sushant Golf City, and specified Ajmer, Jodhpur and Jaipur projects) and must proceed project-wise with resolution modality to be determined by the adjudicating authority. - NCLAT
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