Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Principles of issue estoppel and administrative finality constrain a subordinate appellate authority from revisiting or nullifying its earlier appellate findings when granting consequential relief; the commentary applies res judicata and Evidence Act principles by analogy to quasi judicial tax proceedings and rejects re litigation where the appellate order was accepted by the department. The noted decision found the Commissioner (Appeals) improperly refused relief already adjudicated in an earlier Appellate Order, set aside that refusal, and remitted the matters for fresh consideration on merits while prohibiting re opening settled appellate conclusions.
Principles of issue estoppel and administrative finality constrain a subordinate appellate authority from revisiting or nullifying its earlier appellate findings when granting consequential relief; the commentary applies res judicata and Evidence Act principles by analogy to quasi judicial tax proceedings and rejects re litigation where the appellate order was accepted by the department. The noted decision found the Commissioner (Appeals) improperly refused relief already adjudicated in an earlier Appellate Order, set aside that refusal, and remitted the matters for fresh consideration on merits while prohibiting re opening settled appellate conclusions.
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