Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
SC held that the appellant's offer to deposit the amount claimed in the winding-up proceedings did not constitute an unconditional admission of liability but was made to demonstrate bona fides and secure a hearing on merits. The HC erred in disposing of the statutory appeal solely on the basis of this deposit order without adjudicating the dispute substantively. SC modified the HC order dated 06.11.2017, treating it as an interim order permitting deposit, deleted the direction that the appeal stood disposed of, and restored the company appeal to the HC file for decision under Section 483 of the Companies Act, 1956. The deposited amount will abide the final outcome.
SC held that the appellant's offer to deposit the amount claimed in the winding-up proceedings did not constitute an unconditional admission of liability but was made to demonstrate bona fides and secure a hearing on merits. The HC erred in disposing of the statutory appeal solely on the basis of this deposit order without adjudicating the dispute substantively. SC modified the HC order dated 06.11.2017, treating it as an interim order permitting deposit, deleted the direction that the appeal stood disposed of, and restored the company appeal to the HC file for decision under Section 483 of the Companies Act, 1956. The deposited amount will abide the final outcome.
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