Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
In a Section 9 IBC claim founded on proforma invoices bearing a GST number, failure to furnish GST-payment particulars despite opportunity justified doubting the genuineness and quantum of the operational debt, supporting dismissal. The claim based on a tripartite management agreement also failed for want of privity, as the operational creditor was not a signatory and no contractual obligation of the corporate debtor towards it was shown, defeating that component of debt. Further, the corporate debtor raised a plausible contractual dispute requiring adjudication outside IBC, and Section 9 cannot be invoked for disputed debts or amounts below the statutory threshold; accordingly, admission was refused. - NCLAT
In a Section 9 IBC claim founded on proforma invoices bearing a GST number, failure to furnish GST-payment particulars despite opportunity justified doubting the genuineness and quantum of the operational debt, supporting dismissal. The claim based on a tripartite management agreement also failed for want of privity, as the operational creditor was not a signatory and no contractual obligation of the corporate debtor towards it was shown, defeating that component of debt. Further, the corporate debtor raised a plausible contractual dispute requiring adjudication outside IBC, and Section 9 cannot be invoked for disputed debts or amounts below the statutory threshold; accordingly, admission was refused. - NCLAT
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