Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
A former director could not be prosecuted for alleged offences under the Companies Act, 2013 where the complaint contained only bare, generalized accusations and no specific averment linking him to the alleged fraudulent acts or false statements. The Court noted that he had resigned before the company began business operations, had not been charge-sheeted by either investigating agency on the same facts, and was named only as a former director. Mere prior association with the company was held insufficient to sustain criminal proceedings, so the special case was quashed. As the look out circular was founded on those proceedings and he was not shown as an accused in the charge-sheet, the circular also lacked basis and was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
