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 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
Section 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
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