Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
Customs Cargo Service Provider appointment extends custodianship to additional terminal land, subject to cargo-control, security and licence condition...
Insolvency and BankruptcySeptember 6, 2022Case LawsAT
Initiation of CIRP - NCLT admitted the application - pre-existence of debt and dispute or not - There was clear contract between ‘CD’ and ‘OC’ as well as ‘CD’ and ‘Akshaya’ and it is squarely responsibility of CD towards its obligation to OC. Correspondence between ‘CD’ and ‘OC’ as produced by both ‘CD’ and ‘OC’ do not establish any pre-existing dispute. Hence, AA rightly taken decision in this regard and there are no error in the ‘impugned order’ for this issue. - AT
Initiation of CIRP - NCLT admitted the application - pre-existence of debt and dispute or not - There was clear contract between ‘CD’ and ‘OC’ as well as ‘CD’ and ‘Akshaya’ and it is squarely responsibility of CD towards its obligation to OC. Correspondence between ‘CD’ and ‘OC’ as produced by both ‘CD’ and ‘OC’ do not establish any pre-existing dispute. Hence, AA rightly taken decision in this regard and there are no error in the ‘impugned order’ for this issue. - AT
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