Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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NCLAT dismissed appeal challenging treatment of tax claims as operational debt under IBC resolution plan. Tribunal affirmed that Section 11E of Central Excise Act and Section 82 of CGST Act create explicit exceptions regarding IBC provisions. The appellant's tax claims were correctly classified as operational debt, eligible for payment u/s 30(2)(b). No violation found as payment exceeded liquidation value u/s 53(1) waterfall mechanism. Tribunal distinguished this from Gujarat VAT precedent, noting Central Excise Act's distinct provisions. Resolution plan approval upheld as compliant with statutory requirements for operational creditor treatment of tax claims.
NCLAT dismissed appeal challenging treatment of tax claims as operational debt under IBC resolution plan. Tribunal affirmed that Section 11E of Central Excise Act and Section 82 of CGST Act create explicit exceptions regarding IBC provisions. The appellant's tax claims were correctly classified as operational debt, eligible for payment u/s 30(2)(b). No violation found as payment exceeded liquidation value u/s 53(1) waterfall mechanism. Tribunal distinguished this from Gujarat VAT precedent, noting Central Excise Act's distinct provisions. Resolution plan approval upheld as compliant with statutory requirements for operational creditor treatment of tax claims.
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