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...
Residuary jurisdiction under insolvency does not permit an adjudicating authority to declare title to a trademark where the question of ownership is not in relation to insolvency proceedings; accordingly the adjudicating authoritys declaration of trademark ownership was set aside because the approved resolution plan and related insolvency process could not determine trademark title. Findings that the assignment fell within avoidance provisions on preferential or undervalued transactions were held perverse and beyond the scope of the approval inquiry, and such statutory avoidance actions require specific pleading and timely forensic scrutiny by the resolution professional. Observations do not bind other fora deciding title on merits.
Residuary jurisdiction under insolvency does not permit an adjudicating authority to declare title to a trademark where the question of ownership is not in relation to insolvency proceedings; accordingly the adjudicating authoritys declaration of trademark ownership was set aside because the approved resolution plan and related insolvency process could not determine trademark title. Findings that the assignment fell within avoidance provisions on preferential or undervalued transactions were held perverse and beyond the scope of the approval inquiry, and such statutory avoidance actions require specific pleading and timely forensic scrutiny by the resolution professional. Observations do not bind other fora deciding title on merits.
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