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...
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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