Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
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An appeal under the Insolvency and Bankruptcy Code was found invalidly instituted where it was filed and refiled without the certified copy of the impugned order and without seeking exemption from producing it. The SC held that Rule 22(2) of the NCLAT Rules requires the certified copy to accompany every appeal, and non-compliance goes to the root of institution rather than constituting a curable refiling defect. Because the appellant had not applied for the certified copy within limitation and had shown no diligence, the NCLAT was required first to verify valid institution before considering delay. Its failure to do so vitiated the condonation order, which was set aside.
An appeal under the Insolvency and Bankruptcy Code was found invalidly instituted where it was filed and refiled without the certified copy of the impugned order and without seeking exemption from producing it. The SC held that Rule 22(2) of the NCLAT Rules requires the certified copy to accompany every appeal, and non-compliance goes to the root of institution rather than constituting a curable refiling defect. Because the appellant had not applied for the certified copy within limitation and had shown no diligence, the NCLAT was required first to verify valid institution before considering delay. Its failure to do so vitiated the condonation order, which was set aside.
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