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...
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
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