Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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NCLAT dismissed the appeal, finding the Section 94 insolvency petition was a deliberate attempt to obstruct lawful recovery proceedings. The Appellant, as a personal guarantor, had acknowledged outstanding debt since 2012, made partial payments, and consistently used judicial processes to delay creditor's recovery rights. The Tribunal concluded the petition was not filed for genuine insolvency resolution but to strategically prevent enforcement of secured residential premises, thus constituting an abuse of legal process. The appeal was rejected, upholding the lower tribunal's findings and maintaining the creditor's right to recover outstanding dues.
NCLAT dismissed the appeal, finding the Section 94 insolvency petition was a deliberate attempt to obstruct lawful recovery proceedings. The Appellant, as a personal guarantor, had acknowledged outstanding debt since 2012, made partial payments, and consistently used judicial processes to delay creditor's recovery rights. The Tribunal concluded the petition was not filed for genuine insolvency resolution but to strategically prevent enforcement of secured residential premises, thus constituting an abuse of legal process. The appeal was rejected, upholding the lower tribunal's findings and maintaining the creditor's right to recover outstanding dues.
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