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...
Recovery certificate issuance was held to trigger a fresh three-year limitation which, together with judicial exclusion of the period of court-mandated suspension, left residual limitation available. Audited financial statements recording counter guarantee and contingent liability and settlement correspondence were treated as acknowledgments under the Limitation Act, each renewing limitation and rendering the Section 7 insolvency petition timely. Withdrawal of the appellate challenge was permitted after settlement, but closure of the CIRP cannot be effected by appellate withdrawal alone; the financial creditor must pursue the statutory termination route through the insolvency process and the IRP, permitting intervention by other stakeholders.
Recovery certificate issuance was held to trigger a fresh three-year limitation which, together with judicial exclusion of the period of court-mandated suspension, left residual limitation available. Audited financial statements recording counter guarantee and contingent liability and settlement correspondence were treated as acknowledgments under the Limitation Act, each renewing limitation and rendering the Section 7 insolvency petition timely. Withdrawal of the appellate challenge was permitted after settlement, but closure of the CIRP cannot be effected by appellate withdrawal alone; the financial creditor must pursue the statutory termination route through the insolvency process and the IRP, permitting intervention by other stakeholders.
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