Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
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