Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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The appellate tribunal rejected the corporate guarantor's challenge to admission of a Section 7 application. It held that the earlier guarantee deeds remained operative because subsequent sanction letters expressly continued existing securities; the later guarantee did not novate or extinguish prior guarantee obligations, and invocation validly triggered liability, resulting in rejection of the novation defence. It further held that a consortium member could independently initiate Section 7 proceedings upon the borrower's account becoming NPA, so maintainability was upheld. Objections on insufficient stamping were treated as curable and belated, especially where stamp duty exemptions/undertakings existed, and could not defeat undisputed debt and default; the admission order was affirmed and the appeal dismissed - NCLAT
The appellate tribunal rejected the corporate guarantor's challenge to admission of a Section 7 application. It held that the earlier guarantee deeds remained operative because subsequent sanction letters expressly continued existing securities; the later guarantee did not novate or extinguish prior guarantee obligations, and invocation validly triggered liability, resulting in rejection of the novation defence. It further held that a consortium member could independently initiate Section 7 proceedings upon the borrower's account becoming NPA, so maintainability was upheld. Objections on insufficient stamping were treated as curable and belated, especially where stamp duty exemptions/undertakings existed, and could not defeat undisputed debt and default; the admission order was affirmed and the appeal dismissed - NCLAT
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