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...
Complaint against Statutory auditor. A Deputy Registrar was competent to institute the complaint because the definition of "Registrar" in the Companies Act includes a deputy registrar, so cognizance under Section 439(2) was valid. The prosecution was also not barred by limitation, as the alleged offence under Section 448, read with Section 447, carried punishment extending up to ten years, taking it outside Section 468 Cr.P.C. However, the proceedings against the statutory auditor were quashed because the complaint did not disclose any specific overt act, deliberate falsity, or mens rea attributable to him; the allegations were vague and did not satisfy the ingredients of Section 448, making continuation of the prosecution an abuse of process.
Complaint against Statutory auditor. A Deputy Registrar was competent to institute the complaint because the definition of "Registrar" in the Companies Act includes a deputy registrar, so cognizance under Section 439(2) was valid. The prosecution was also not barred by limitation, as the alleged offence under Section 448, read with Section 447, carried punishment extending up to ten years, taking it outside Section 468 Cr.P.C. However, the proceedings against the statutory auditor were quashed because the complaint did not disclose any specific overt act, deliberate falsity, or mens rea attributable to him; the allegations were vague and did not satisfy the ingredients of Section 448, making continuation of the prosecution an abuse of process.
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