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 insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
An insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
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