Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
The text addresses diversion of funds raised by preferential allotment and concludes that post-facto shareholders' ratification cannot validate prior diversion or negate breaches of disclosure and market integrity norms. It states that diverting proceeds to loans and share investments, particularly when done immediately after receipt, constitutes fraud and unfair trade practice under PFUTP Regulations and related securities disclosure obligations, attracting liability. It further explains that interim protective directions and subsequent adjudicatory penalty proceedings can coexist and that an Adjudicating Officer may impose monetary penalties notwithstanding earlier protective orders; the AO's penalty order was accordingly restored.
The text addresses diversion of funds raised by preferential allotment and concludes that post-facto shareholders' ratification cannot validate prior diversion or negate breaches of disclosure and market integrity norms. It states that diverting proceeds to loans and share investments, particularly when done immediately after receipt, constitutes fraud and unfair trade practice under PFUTP Regulations and related securities disclosure obligations, attracting liability. It further explains that interim protective directions and subsequent adjudicatory penalty proceedings can coexist and that an Adjudicating Officer may impose monetary penalties notwithstanding earlier protective orders; the AO's penalty order was accordingly restored.
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