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...
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
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