Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
Customs officers must wear and use department-issued body-worn cameras when clearing passenger baggage, with daily secure transfer and 30-day retentio...
NCLAT dismisses the appeal and upholds the NCLT's admission of the Section 9 petition. The Tribunal held that the OC proved an operational debt and default as defined under Sections 5(21) and 3(12) of the IBC: Rs.1 crore constituted advance consideration, goods were not supplied and no refund was made, and the CD's financial statements repeatedly acknowledged the liability. That acknowledgment in the CD's balance sheet extended limitation to 31.03.2025, rendering the Section 9 filing on 23.06.2023 time-bar compliant. Alleged pre-existing dispute was held not bona fide under the Mobilox test; unilateral NeSL marking and a belated police complaint did not rebut the OC's case. The AA's admission order was affirmed.
NCLAT dismisses the appeal and upholds the NCLT's admission of the Section 9 petition. The Tribunal held that the OC proved an operational debt and default as defined under Sections 5(21) and 3(12) of the IBC: Rs.1 crore constituted advance consideration, goods were not supplied and no refund was made, and the CD's financial statements repeatedly acknowledged the liability. That acknowledgment in the CD's balance sheet extended limitation to 31.03.2025, rendering the Section 9 filing on 23.06.2023 time-bar compliant. Alleged pre-existing dispute was held not bona fide under the Mobilox test; unilateral NeSL marking and a belated police complaint did not rebut the OC's case. The AA's admission order was affirmed.
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