Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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NCLAT held that a shareholder had no locus to reopen concluded insolvency proceedings or to agitate the corporate debtor's grievance after approval and implementation of the resolution plan. It found that repeated challenges based on the same memorandum of understanding and alleged fraud had already been rejected through prior proceedings, including appellate and Supreme Court scrutiny, and that the later application was a belated, suppressed and de novo attempt to relitigate settled issues. The Tribunal also held that NCLT's inherent powers could not be used to compel criminal action in a civil insolvency forum. The appeal was dismissed with costs for abuse of process.
NCLAT held that a shareholder had no locus to reopen concluded insolvency proceedings or to agitate the corporate debtor's grievance after approval and implementation of the resolution plan. It found that repeated challenges based on the same memorandum of understanding and alleged fraud had already been rejected through prior proceedings, including appellate and Supreme Court scrutiny, and that the later application was a belated, suppressed and de novo attempt to relitigate settled issues. The Tribunal also held that NCLT's inherent powers could not be used to compel criminal action in a civil insolvency forum. The appeal was dismissed with costs for abuse of process.
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