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...
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
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