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...
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
