Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
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...
A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
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