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...
Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
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