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Independent reasonable belief is essential for customs seizure; unrefuted purchase evidence prevents confiscation and penalties.
Section 110(1) of the Customs Act requires a proper officer to independently form a reasonable belief, on objective material, that goods are liable to confiscation; suspicion alone, including a single marking that does not establish foreign origin, is insufficient for seizure. Purchase invoices, banking records and income-tax returns supporting acquisition and conversion of gold may discharge the claimant's burden under Section 123 where they remain undiscredited. The burden then lies on Revenue to prove foreign origin or smuggling through cogent evidence. Without such proof, confiscation of the gold and related penalties cannot be sustained.
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Special Additional Duty refunds fail when imported gloves undergo deemed manufacture before retail sale and VAT payment.
Special Additional Duty refund under Notification No. 102/2007-Customs requires sale of the imported goods themselves, supported by invoices and VAT payment on those goods. Sterilisation, repacking and relabelling of imported non-sterile latex examination gloves constituted deemed manufacture under the Central Excise Act, particularly where concessional central excise duty was paid on the processed goods. The retail products were therefore manufactured goods rather than imported goods sold as such. Strict construction of the exemption conditions made the refund unavailable.
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Section 244 waiver jurisdiction preserves oppression and mismanagement remedies where statutory member-consent thresholds are satisfied.
Waiver under the proviso to Section 244(1)(b) may preserve maintainability of oppression and mismanagement proceedings where the required member support is established. For a company without share capital, consent of at least one-fifth of total members satisfies the statutory eligibility threshold; reliance on an accepted electoral list showed that 209 consents exceeded that requirement. Filing a waiver application after the company petition, as a precaution during a membership dispute, does not itself invalidate the petition. Allegations that consents were forged or uninformed require proof from the alleging party. Waiver jurisdiction addresses eligibility, not the merits of the underlying oppression and mismanagement claims.
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Reasoned interim relief requires an effective hearing; non-filing of a reply alone cannot justify substantive ex parte orders.
Interim relief materially affecting parties' rights requires an effective opportunity to answer the interlocutory application, a reasoned prima facie assessment, and recorded reasons. Failure to file a reply in the main proceedings or interlocutory application does not alone justify substantive ex parte relief where no effective opportunity to respond has been established. Section 424 of the Companies Act, 2013 and principles of natural justice require a meaningful hearing before granting such relief. An ex parte interim order granting substantive relief without these safeguards is vitiated.
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Fraudulent insolvency initiation permits recall, but a mature collective CIRP may continue where stakeholder interests and statutory objectives require.
Fraud or collusion in jurisdictional facts, including an illusory operational debt, invalidates the basis for admitting a Section 9 corporate insolvency resolution process and permits the Adjudicating Authority to recall admission by dismissing the application. Once admitted, however, CIRP becomes a collective in rem process involving the moratorium, insolvency professional, creditor claims and Committee of Creditors. Continuance is not automatically barred merely because the initiating application was fraudulent. After excluding the collusive applicant, the Adjudicating Authority may assess the resolution professional's submissions, the Committee of Creditors' commercial wisdom, stakeholder interests, and whether the process can continue with integrity and transparency.
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Revival liberty under a failed one-time settlement cannot protect guarantors whose own non-performance caused the settlement failure.
Liberty to revive appeals dismissed as infructuous following a one-time settlement applies where the settlement fails because of the bank's default, not where the principal borrower and personal guarantors fail to perform their obligations. The settlement required payment of outstanding stipulated amounts and guarantors' cooperation; no further payment was made after the upfront amount. As the borrower's and guarantors' liabilities were co-extensive, personal guarantors could not invoke revival liberty to benefit from their own non-compliance. Revival of the appeals was therefore unavailable to them.
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Mandatory liquidation after CIRP expiry cannot be deferred by creditor voting or post-expiry revival efforts.
Expiry of the CIRP period without receipt of a resolution plan or a valid extension requires mandatory liquidation. This consequence operates independently of liquidation initiated through a Committee of Creditors resolution; failure to obtain the voting threshold for such a separate resolution does not prevent liquidation following CIRP expiry. The Committee of Creditors' commercial wisdom cannot override statutory timelines or prescribed consequences. Post-expiry resolutions seeking directions, later expressions of interest, or eligibility-related claims cannot revive an expired CIRP.

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2025 (6) TMI 1580 - AT - Service Tax

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Service tax on import freight charges cannot be levied again where freight is already included in customs assessable value.
Service tax under Section 66A of the Finance Act, 1994 was stated to apply only where the taxable service is received from a service provider established ... Summary

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Acts Income Tax