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Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
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Regulation 36A requires issuance of a provisional list of prospective resolution applicants (PRAs), invitation for objections, and a final list before a belated EoI can be included; inclusion without publishing the provisional list and inviting objections violates the statutory process. The tribunal held that the resolution plan considered after such non-compliance could not be approved and upheld the Adjudicating Authority's refusal of that plan. The tribunal found no recorded ineligibility of the applicant and no breach of the CIRP period, but set aside the liquidation direction and ordered re-commencement of CIRP with a fresh Form-G, publication of provisional and final PRA lists and fresh invitation for resolution plans within 90 days.
Regulation 36A requires issuance of a provisional list of prospective resolution applicants (PRAs), invitation for objections, and a final list before a belated EoI can be included; inclusion without publishing the provisional list and inviting objections violates the statutory process. The tribunal held that the resolution plan considered after such non-compliance could not be approved and upheld the Adjudicating Authority's refusal of that plan. The tribunal found no recorded ineligibility of the applicant and no breach of the CIRP period, but set aside the liquidation direction and ordered re-commencement of CIRP with a fresh Form-G, publication of provisional and final PRA lists and fresh invitation for resolution plans within 90 days.
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