Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Whether a waiver under Section 244(1)(a) could be granted despite applicants not meeting statutory share thresholds: Tribunal found applicants were trust beneficiaries holding shares and that prima facie prejudice and share configuration constituted exceptional circumstances justifying a waiver to permit initiation of Sections 241/242 proceedings; outcome-waiver upheld and maintainability of the company petition accepted for merits consideration. Alleged non-application of mind and reliance on pending civil suits: Tribunal's reasoning was held to be supported by record and pendency of civil suits does not bar granting the waiver; outcome-impugned order sustained and appeal dismissed. - NCLAT
Whether a waiver under Section 244(1)(a) could be granted despite applicants not meeting statutory share thresholds: Tribunal found applicants were trust beneficiaries holding shares and that prima facie prejudice and share configuration constituted exceptional circumstances justifying a waiver to permit initiation of Sections 241/242 proceedings; outcome-waiver upheld and maintainability of the company petition accepted for merits consideration. Alleged non-application of mind and reliance on pending civil suits: Tribunal's reasoning was held to be supported by record and pendency of civil suits does not bar granting the waiver; outcome-impugned order sustained and appeal dismissed. - NCLAT
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