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...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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NCLAT held that operational debt interest claims require explicit contractual agreement. The tribunal rejected the operational creditor's interest component in the Section 9 Application due to absence of specific contractual provisions. The Code's deliberate exclusion of interest from operational debt definition mandates that interest cannot be unilaterally imposed without mutual consent. The principal amount was ordered to be released to the respondent, effectively allowing the appeal while dismissing the interest claim. The tribunal emphasized that initiating corporate insolvency resolution process would not serve the Code's objective of maximizing debtor's asset value. Appeal was consequently allowed with the principal amount being released.
NCLAT held that operational debt interest claims require explicit contractual agreement. The tribunal rejected the operational creditor's interest component in the Section 9 Application due to absence of specific contractual provisions. The Code's deliberate exclusion of interest from operational debt definition mandates that interest cannot be unilaterally imposed without mutual consent. The principal amount was ordered to be released to the respondent, effectively allowing the appeal while dismissing the interest claim. The tribunal emphasized that initiating corporate insolvency resolution process would not serve the Code's objective of maximizing debtor's asset value. Appeal was consequently allowed with the principal amount being released.
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