Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Rejection of an application filed u/s 10 of the Insolvency and Bankruptcy Code (IBC) by the Appellant, where the State Bank of India (SBI) had initiated proceedings u/s 13(2) of the SARFAESI Act prior to the filing. The Adjudicating Authority dismissed the Section 10 application, citing the Appellant's malicious and fraudulent intent to delay and halt SBI's recovery proceedings. However, the NCLAT held that merely filing a Section 10 application subsequent to Section 13(2) proceedings cannot be grounds for inferring fraudulent intent. The Tribunal relied on its previous judgment in Unigreen Global Private Limited vs. Punjab National Bank, which stated that pending SARFAESI or DRT proceedings cannot be grounds for rejecting a complete Section 10 application. The NCLAT ruled that the Adjudicating Authority erred in allowing SBI's Section 65 application and rejecting the Section 10 application solely based on the timing of the filings. The Tribunal revived the Section 10 application for fresh consideration by the Adjudicating Authority.
Rejection of an application filed u/s 10 of the Insolvency and Bankruptcy Code (IBC) by the Appellant, where the State Bank of India (SBI) had initiated proceedings u/s 13(2) of the SARFAESI Act prior to the filing. The Adjudicating Authority dismissed the Section 10 application, citing the Appellant's malicious and fraudulent intent to delay and halt SBI's recovery proceedings. However, the NCLAT held that merely filing a Section 10 application subsequent to Section 13(2) proceedings cannot be grounds for inferring fraudulent intent. The Tribunal relied on its previous judgment in Unigreen Global Private Limited vs. Punjab National Bank, which stated that pending SARFAESI or DRT proceedings cannot be grounds for rejecting a complete Section 10 application. The NCLAT ruled that the Adjudicating Authority erred in allowing SBI's Section 65 application and rejecting the Section 10 application solely based on the timing of the filings. The Tribunal revived the Section 10 application for fresh consideration by the Adjudicating Authority.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4790
Join Channel
TaxTMI 
