Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Statutory inquiry and fraud threshold: defective inspection report and unsupported SFIO investigation were both quashed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....A report under sections 206 to 208 of the Companies Act, 2013 must rest on a lawful inquiry or inspection, with the company first informed in writing of the allegations and given an opportunity to explain; here, no notices under section 206 were issued and the report itself showed that a fresh inspection was needed, so the report was ex facie illegal and was quashed. An SFIO investigation under section 212 requires material disclosing fraud, meaning conduct involving intent to deceive or gain undue advantage; persistent repayment defaults and related complaints, without more, did not establish fraud or a jurisdictional basis for SFIO action. The SFIO order, and the consequential summons and notices, were also quashed.....