Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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A composite scheme of amalgamation and demerger, once approved by shareholders and creditors, could not be narrowed by directing a separate demerger application or by altering the scheme's material terms. The NCLAT held that the scheme identified the amalgamated company, resulting company and demerged undertaking with sufficient specificity, and that demerger was an integral consequence of the sanctioned composite scheme under Sections 230 to 232. It also corrected factual errors in the sanction order concerning the effective date, the identity of the resulting company, and an unnecessary rider tied to an unadmitted petition. The order was set aside to the extent inconsistent with the approved scheme, while statutory dues, stamp duty, taxes and compliance obligations remained fully preserved.
A composite scheme of amalgamation and demerger, once approved by shareholders and creditors, could not be narrowed by directing a separate demerger application or by altering the scheme's material terms. The NCLAT held that the scheme identified the amalgamated company, resulting company and demerged undertaking with sufficient specificity, and that demerger was an integral consequence of the sanctioned composite scheme under Sections 230 to 232. It also corrected factual errors in the sanction order concerning the effective date, the identity of the resulting company, and an unnecessary rider tied to an unadmitted petition. The order was set aside to the extent inconsistent with the approved scheme, while statutory dues, stamp duty, taxes and compliance obligations remained fully preserved.
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