Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
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Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
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