Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
Issue was whether amendment of a personal guarantor insolvency petition under s.95 IBC to change the date of default by adding a loan recall notice dated 05.04.2016 was permissible, despite objections on limitation and lack of proper invocation of guarantee. The tribunal held that amendment was justified since the creditor could not produce proof of service of an earlier statutory demand, and the added recall notice formed the factual basis to be tested on merits. Allowing amendment did not amount to any finding on limitation or validity of guarantee invocation, which could be urged in reply and decided by the adjudicating authority. Appeal was dismissed. - NCLAT
Issue was whether amendment of a personal guarantor insolvency petition under s.95 IBC to change the date of default by adding a loan recall notice dated 05.04.2016 was permissible, despite objections on limitation and lack of proper invocation of guarantee. The tribunal held that amendment was justified since the creditor could not produce proof of service of an earlier statutory demand, and the added recall notice formed the factual basis to be tested on merits. Allowing amendment did not amount to any finding on limitation or validity of guarantee invocation, which could be urged in reply and decided by the adjudicating authority. Appeal was dismissed. - NCLAT
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