Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The NCLAT held that Atul Paper Pvt. Ltd., having an unregistered Agreement to Sell, is not entitled to protection under Section 53A of the Transfer of Property Act, as per Section 17(1) of the Registration Act, 1908. Consequently, the Adjudicating Authority's direction for Atul Paper Pvt. Ltd. to vacate the premises was upheld. The claim of Rs. 2.51 crores filed by Atul Paper Pvt. Ltd. was wrongly rejected by the Liquidator solely on the ground of delay; thus, the appeal challenging this rejection was partly allowed, directing the Liquidator to admit and treat the claim according to the IBC distribution framework. However, the Adjudicating Authority's order directing payment of Rs. 2.01 crores to Atul Paper Pvt. Ltd. outside the statutory distribution mechanism was set aside, with a mandate for the Liquidator to refund the amount with any interest within 30 days. The appeal was dismissed in all other respects.
The NCLAT held that Atul Paper Pvt. Ltd., having an unregistered Agreement to Sell, is not entitled to protection under Section 53A of the Transfer of Property Act, as per Section 17(1) of the Registration Act, 1908. Consequently, the Adjudicating Authority's direction for Atul Paper Pvt. Ltd. to vacate the premises was upheld. The claim of Rs. 2.51 crores filed by Atul Paper Pvt. Ltd. was wrongly rejected by the Liquidator solely on the ground of delay; thus, the appeal challenging this rejection was partly allowed, directing the Liquidator to admit and treat the claim according to the IBC distribution framework. However, the Adjudicating Authority's order directing payment of Rs. 2.01 crores to Atul Paper Pvt. Ltd. outside the statutory distribution mechanism was set aside, with a mandate for the Liquidator to refund the amount with any interest within 30 days. The appeal was dismissed in all other respects.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
