International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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