Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
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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