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...
No prescribed limitation period governed petitions under the Companies Act before the Company Law Board, but unexplained delay could still matter where relief is discretionary; on these facts, the grievance concerned a continuing course of oppression and mismanagement, so delay, laches, acquiescence and estoppel did not bar scrutiny. The Board could examine fraud and forgery on the record where the material disclosed mala fide exclusion, and its findings on shareholding, clandestine meetings and oppressive conduct were not perverse under Section 10F because they rested on company records and correspondence. Additional evidence under Order XLI Rule 27 required due diligence and necessity, which were not shown. The special auditor direction was only consequential and was upheld.
No prescribed limitation period governed petitions under the Companies Act before the Company Law Board, but unexplained delay could still matter where relief is discretionary; on these facts, the grievance concerned a continuing course of oppression and mismanagement, so delay, laches, acquiescence and estoppel did not bar scrutiny. The Board could examine fraud and forgery on the record where the material disclosed mala fide exclusion, and its findings on shareholding, clandestine meetings and oppressive conduct were not perverse under Section 10F because they rested on company records and correspondence. Additional evidence under Order XLI Rule 27 required due diligence and necessity, which were not shown. The special auditor direction was only consequential and was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
