Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
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Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
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