Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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