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...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
A Section 7 application was rejected as time-barred, raising issues whether the claimant was a financial creditor and whether the claim was within limitation. The underlying contract treated the trade advance as converting into a debt carrying time value of money upon default, satisfying the statutory elements of "financial debt"; consequently, the claimant was correctly classified as a financial creditor. On limitation, the exclusion/extension period directed in the SC suo motu proceedings required adding the balance limitation from 15.03.2020 to 01.03.2022, rendering the filing within time; therefore, the rejection on limitation was unsustainable and the appeal was allowed. - NCLAT
A Section 7 application was rejected as time-barred, raising issues whether the claimant was a financial creditor and whether the claim was within limitation. The underlying contract treated the trade advance as converting into a debt carrying time value of money upon default, satisfying the statutory elements of "financial debt"; consequently, the claimant was correctly classified as a financial creditor. On limitation, the exclusion/extension period directed in the SC suo motu proceedings required adding the balance limitation from 15.03.2020 to 01.03.2022, rendering the filing within time; therefore, the rejection on limitation was unsustainable and the appeal was allowed. - NCLAT
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