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...
Avoidance of a pre-CIRP sale as a fraudulent transaction was sought on the ground that it was without consideration and intended to defraud creditors. In the absence of any pending creditor claims at the time of execution, the subsequent classification of the debtor's bank account as NPA, and the presence of other secured assets, the requisite intent to defraud was not established; the liquidator failed to discharge the heavy burden of proof. Alleged সনà§à¦¦ about an old acknowledgment letter and the purchaser's non-production of decades-old payment records did not negate consideration, especially where contemporaneous corporate disclosures and financial statements corroborated the transfer, and consideration could be furnished by a third party. The appeal was dismissed. - SC
Avoidance of a pre-CIRP sale as a fraudulent transaction was sought on the ground that it was without consideration and intended to defraud creditors. In the absence of any pending creditor claims at the time of execution, the subsequent classification of the debtor's bank account as NPA, and the presence of other secured assets, the requisite intent to defraud was not established; the liquidator failed to discharge the heavy burden of proof. Alleged সনà§à¦¦ about an old acknowledgment letter and the purchaser's non-production of decades-old payment records did not negate consideration, especially where contemporaneous corporate disclosures and financial statements corroborated the transfer, and consideration could be furnished by a third party. The appeal was dismissed. - SC
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