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...
On whether the Adjudicating Authority had jurisdiction under s.60(5) IBC to direct vacating of the corporate debtor's premises and recovery of rent/licence fees, it was held that the reliefs arose out of and were connected with the insolvency/liquidation process, and s.60(5) confers wide residuary jurisdiction to decide questions of law and fact relating to such process, consistent with the overriding effect of the IBC and the bar on civil court jurisdiction; hence, the jurisdictional objection failed and the directions were sustained. On validity of a fresh lease executed after commencement of CIRP and imposition of moratorium, the moratorium prohibited creation of legal rights in the corporate debtor's assets, rendering the fresh lease invalid and unenforceable, resulting in dismissal of the appeals. - NCLAT
On whether the Adjudicating Authority had jurisdiction under s.60(5) IBC to direct vacating of the corporate debtor's premises and recovery of rent/licence fees, it was held that the reliefs arose out of and were connected with the insolvency/liquidation process, and s.60(5) confers wide residuary jurisdiction to decide questions of law and fact relating to such process, consistent with the overriding effect of the IBC and the bar on civil court jurisdiction; hence, the jurisdictional objection failed and the directions were sustained. On validity of a fresh lease executed after commencement of CIRP and imposition of moratorium, the moratorium prohibited creation of legal rights in the corporate debtor's assets, rendering the fresh lease invalid and unenforceable, resulting in dismissal of the appeals. - NCLAT
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