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...
Money deposited in court pursuant to a pre-deposit order was treated as compliance with the court's direction and remained an asset of the corporate debtor; on commencement of CIRP, it had to be released to the resolution professional for distribution under the IBC, with accrued interest included. The supplier's attempt to withdraw the amount was rejected because its claim had to be pursued within the insolvency process. The writ petition challenging the MSME award was also held not maintainable, as an alternate statutory appeal remedy existed under the MSME Act and, independently, section 14 of the IBC barred continuation of proceedings against the corporate debtor after CIRP began.
Money deposited in court pursuant to a pre-deposit order was treated as compliance with the court's direction and remained an asset of the corporate debtor; on commencement of CIRP, it had to be released to the resolution professional for distribution under the IBC, with accrued interest included. The supplier's attempt to withdraw the amount was rejected because its claim had to be pursued within the insolvency process. The writ petition challenging the MSME award was also held not maintainable, as an alternate statutory appeal remedy existed under the MSME Act and, independently, section 14 of the IBC barred continuation of proceedings against the corporate debtor after CIRP began.
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