Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Reduction of share capital under Section 66 was examined for jurisdictional defects in appellate bench composition, procedural sufficiency of the statutory notice and disclosures, independence of the valuer, and the permissibility of applying a discount for lack of marketability (DLOM). The Court found no jurisdictional defect in the tribunal's bench composition and declined to disturb the tribunal orders. It held Section 66 does not require inclusion of a valuation report in the notice where the offered price and reports are available for inspection, rejected a claim of demonstrable valuer bias, and accepted that DLOM and the valuation were not manifestly unreasonable, so the reduction stands.
Reduction of share capital under Section 66 was examined for jurisdictional defects in appellate bench composition, procedural sufficiency of the statutory notice and disclosures, independence of the valuer, and the permissibility of applying a discount for lack of marketability (DLOM). The Court found no jurisdictional defect in the tribunal's bench composition and declined to disturb the tribunal orders. It held Section 66 does not require inclusion of a valuation report in the notice where the offered price and reports are available for inspection, rejected a claim of demonstrable valuer bias, and accepted that DLOM and the valuation were not manifestly unreasonable, so the reduction stands.
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