Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
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