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...
Regulation 31A(11) permits the stakeholders' consultation committee, by the prescribed majority, to propose replacement of a liquidator, and the Adjudicating Authority may assess whether continuation is conducive to liquidation; the liquidator has no proprietary right in office and is not a person aggrieved merely because of removal, so the challenge was not maintainable. On related party status, the Tribunal held that pledged shares not invoked, lender monitoring, observer appointment, escrow oversight, restructuring supervision, and advisory engagement did not by themselves amount to management or policy control under Section 5(24) of the IBC. EARCL was therefore not treated as a related party, and its voting participation was upheld.
Regulation 31A(11) permits the stakeholders' consultation committee, by the prescribed majority, to propose replacement of a liquidator, and the Adjudicating Authority may assess whether continuation is conducive to liquidation; the liquidator has no proprietary right in office and is not a person aggrieved merely because of removal, so the challenge was not maintainable. On related party status, the Tribunal held that pledged shares not invoked, lender monitoring, observer appointment, escrow oversight, restructuring supervision, and advisory engagement did not by themselves amount to management or policy control under Section 5(24) of the IBC. EARCL was therefore not treated as a related party, and its voting participation was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
