Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
A Section 97 order appointing a Resolution Professional in personal guarantor insolvency proceedings was set aside because it rested on misrepresentation of foundational jurisdictional facts. The NCLAT found that the creditor had proceeded as if a deed of guarantee and invocation letter were on record, even though the assignment documents showed guarantors as nil and the creditor later admitted that no such documents had been filed. Since proceedings under Section 95 depend on proper foundational materials, the order was held vitiated and void ab initio for misrepresentation, applying the principle that an order obtained by fraud or misstatement cannot stand. Liberty was granted to file a fresh Section 95 application with the relevant documents.
A Section 97 order appointing a Resolution Professional in personal guarantor insolvency proceedings was set aside because it rested on misrepresentation of foundational jurisdictional facts. The NCLAT found that the creditor had proceeded as if a deed of guarantee and invocation letter were on record, even though the assignment documents showed guarantors as nil and the creditor later admitted that no such documents had been filed. Since proceedings under Section 95 depend on proper foundational materials, the order was held vitiated and void ab initio for misrepresentation, applying the principle that an order obtained by fraud or misstatement cannot stand. Liberty was granted to file a fresh Section 95 application with the relevant documents.
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