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...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Fairness and transparency in NRRA assignment under Regulation 37A require contextual application balancing competing interests; the tribunal found that fairness must account for the liquidator and secured creditor's position and did not view denial of consideration of a contemporaneous enhanced offer as patent unfairness where timelines and legitimate expectations of other stakeholders were engaged. Revised bids submitted after prescribed cut off and without required deposits need not be entertained to preserve finality; the appellant's belated, non compliant offer was therefore properly excluded. Acquiescence and waiver by conduct, and vested rights of a purchaser who acted on the sale absent fraud or collusion, bar post sale disturbance. Outcome: appeal dismissed.
Fairness and transparency in NRRA assignment under Regulation 37A require contextual application balancing competing interests; the tribunal found that fairness must account for the liquidator and secured creditor's position and did not view denial of consideration of a contemporaneous enhanced offer as patent unfairness where timelines and legitimate expectations of other stakeholders were engaged. Revised bids submitted after prescribed cut off and without required deposits need not be entertained to preserve finality; the appellant's belated, non compliant offer was therefore properly excluded. Acquiescence and waiver by conduct, and vested rights of a purchaser who acted on the sale absent fraud or collusion, bar post sale disturbance. Outcome: appeal dismissed.
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