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...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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An operative bankruptcy order triggered the statutory travel restriction under the Insolvency and Bankruptcy Code, so the bankrupt could not travel abroad without permission of the Adjudicating Authority. The Court distinguished this consequence from impounding under the Passports Act, holding that the Bankruptcy Trustee's communications merely conveyed the existing legal restriction and did not amount to unlawful passport seizure. It also held that the Trustee acted within statutory duties in securing compliance with the bankruptcy process, and that the petitioner had an efficacious remedy before the NCLT, including seeking permission to travel. The writ petition was dismissed as an attempt to bypass the statutory mechanism.
An operative bankruptcy order triggered the statutory travel restriction under the Insolvency and Bankruptcy Code, so the bankrupt could not travel abroad without permission of the Adjudicating Authority. The Court distinguished this consequence from impounding under the Passports Act, holding that the Bankruptcy Trustee's communications merely conveyed the existing legal restriction and did not amount to unlawful passport seizure. It also held that the Trustee acted within statutory duties in securing compliance with the bankruptcy process, and that the petitioner had an efficacious remedy before the NCLT, including seeking permission to travel. The writ petition was dismissed as an attempt to bypass the statutory mechanism.
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