Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Registrar scrutiny under the NCLT Rules is limited to a ministerial and procedural check for registration defects; it does not extend to deciding legal questions affecting party rights or the maintainability of a company petition. Questions such as whether the petitioning shareholders meet the statutory threshold, or whether exemption from that requirement can be granted, require judicial adjudication by the regular Bench. The Registry therefore acted beyond its competence in treating those issues as scrutiny defects and refusing registration. The petition was to be numbered, objections if any recorded, and the matter placed before the Bench; the refusal to register was quashed and the issue of maintainability remitted for judicial decision.
Registrar scrutiny under the NCLT Rules is limited to a ministerial and procedural check for registration defects; it does not extend to deciding legal questions affecting party rights or the maintainability of a company petition. Questions such as whether the petitioning shareholders meet the statutory threshold, or whether exemption from that requirement can be granted, require judicial adjudication by the regular Bench. The Registry therefore acted beyond its competence in treating those issues as scrutiny defects and refusing registration. The petition was to be numbered, objections if any recorded, and the matter placed before the Bench; the refusal to register was quashed and the issue of maintainability remitted for judicial decision.
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