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...
An order granting valuation and the first opportunity to purchase shares was treated as self-operative: once the fair value reports were available, the appellant had to accept the valuation and indicate willingness to buy, without any further formal offer. By rejecting the higher valuation and seeking averaging of the reports, the appellant failed to exercise the first option, so the respondents' right to purchase the shares at the accepted fair value crystallised. The Tribunal also held that a later challenge to the valuation and a belated offer to buy could not revive a waived right after the arrangement had been acted upon. The appeal was dismissed and the sale in favour of the respondents was sustained.
An order granting valuation and the first opportunity to purchase shares was treated as self-operative: once the fair value reports were available, the appellant had to accept the valuation and indicate willingness to buy, without any further formal offer. By rejecting the higher valuation and seeking averaging of the reports, the appellant failed to exercise the first option, so the respondents' right to purchase the shares at the accepted fair value crystallised. The Tribunal also held that a later challenge to the valuation and a belated offer to buy could not revive a waived right after the arrangement had been acted upon. The appeal was dismissed and the sale in favour of the respondents was sustained.
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