International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
On approval of a resolution plan, Section 32A of the IBC protects the corporate debtor on a clean slate basis, so attachment of its property for prior offences cannot continue and the impugned MPID notification was liable to be quashed to that extent. The HC also held that vesting under the MPID Act remains inchoate until the Designated Court makes the attachment absolute; absent such an order, the property had not finally vested in the Competent Authority and remained available to the resolution plan. The writ was maintainable because the issue was a pure question of law, despite the alternative forum.
On approval of a resolution plan, Section 32A of the IBC protects the corporate debtor on a clean slate basis, so attachment of its property for prior offences cannot continue and the impugned MPID notification was liable to be quashed to that extent. The HC also held that vesting under the MPID Act remains inchoate until the Designated Court makes the attachment absolute; absent such an order, the property had not finally vested in the Competent Authority and remained available to the resolution plan. The writ was maintainable because the issue was a pure question of law, despite the alternative forum.
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