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...
Information memorandum disclosed the existence of corporation dues and advised prospective resolution applicants to verify such claims; consequence: non-filing despite notice did not negate the disclosed claim. Adjudicating Authority exercised discretion to admit a belatedly filed claim after noting the information memorandum; consequence: admission of the claim was upheld and cannot be interfered with on appeal. Resolution Professional and successful resolution applicant are entitled to submit an addendum to the resolution plan following admission of the claim; consequence: they must take consequential actions to incorporate the admitted claim. Protective effect of insolvency process does not override statutory dues; consequence: statutory claims remain enforceable.
Information memorandum disclosed the existence of corporation dues and advised prospective resolution applicants to verify such claims; consequence: non-filing despite notice did not negate the disclosed claim. Adjudicating Authority exercised discretion to admit a belatedly filed claim after noting the information memorandum; consequence: admission of the claim was upheld and cannot be interfered with on appeal. Resolution Professional and successful resolution applicant are entitled to submit an addendum to the resolution plan following admission of the claim; consequence: they must take consequential actions to incorporate the admitted claim. Protective effect of insolvency process does not override statutory dues; consequence: statutory claims remain enforceable.
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