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    <title>Discretionary restoration costs require reasoned justification and cannot be imposed for facilitating statutory tax assessment proceedings.</title>
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    <description>Rule 87A(4)(c) of the NCLT Rules gives the Tribunal discretion to award costs occasioned by restoration proceedings; it does not require costs in every matter. Because costs have penal consequences, their necessity and amount require a reasoned assessment of the relevant facts and actual expenditure. The notes state that the orders relied only on the Registrar of Companies&#039; request without determining or justifying expenditure. Where the Income Tax Department sought restoration to complete pending statutory assessment proceedings, the Registrar&#039;s facilitation costs could not be imposed on it. The cost directions were quashed and amounts already remitted were to be refunded, while restoration of the companies remained unaffected.</description>
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    <pubDate>Fri, 17 Jul 2026 08:37:26 +0530</pubDate>
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      <title>Discretionary restoration costs require reasoned justification and cannot be imposed for facilitating statutory tax assessment proceedings.</title>
      <link>https://www.taxtmi.com/highlights?id=101792</link>
      <description>Rule 87A(4)(c) of the NCLT Rules gives the Tribunal discretion to award costs occasioned by restoration proceedings; it does not require costs in every matter. Because costs have penal consequences, their necessity and amount require a reasoned assessment of the relevant facts and actual expenditure. The notes state that the orders relied only on the Registrar of Companies&#039; request without determining or justifying expenditure. Where the Income Tax Department sought restoration to complete pending statutory assessment proceedings, the Registrar&#039;s facilitation costs could not be imposed on it. The cost directions were quashed and amounts already remitted were to be refunded, while restoration of the companies remained unaffected.</description>
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      <pubDate>Fri, 17 Jul 2026 08:37:26 +0530</pubDate>
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