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Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
The Company Court's jurisdiction was treated as surviving after a winding-up order, because post-winding-up arrangements that displaced the Official Liquidator's control could still be examined and, if necessary, undone under the court's inherent powers and the Companies Act, 1956. The challenge based on delay was not held to be fatal at this stage, as the alleged fraud and continuing acts were treated prima facie as giving rise to a continuing cause of action, leaving limitation for final determination. Ad interim stay was refused on balance of convenience, absence of a meaningful change in circumstances, and judicial propriety.
The Company Court's jurisdiction was treated as surviving after a winding-up order, because post-winding-up arrangements that displaced the Official Liquidator's control could still be examined and, if necessary, undone under the court's inherent powers and the Companies Act, 1956. The challenge based on delay was not held to be fatal at this stage, as the alleged fraud and continuing acts were treated prima facie as giving rise to a continuing cause of action, leaving limitation for final determination. Ad interim stay was refused on balance of convenience, absence of a meaningful change in circumstances, and judicial propriety.
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