Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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At admission of a CIRP petition the tribunal cannot decide liquidated damages by summary procedure; such claims are not amenable to summary determination and therefore do not justify denial of admission on that ground alone. Pre-existing contractual disputes about quality and defects, if shown to be substantial, genuine and bona fide (not spurious, speculative or misconceived), can bar admission of a Section 9 application; numerous pre-demand communications indicating defects support that finding. A completion certificate issued with caveats does not amount to unconditional acceptance and does not foreclose contractual disputes. The appeal challenging these conclusions was dismissed.
At admission of a CIRP petition the tribunal cannot decide liquidated damages by summary procedure; such claims are not amenable to summary determination and therefore do not justify denial of admission on that ground alone. Pre-existing contractual disputes about quality and defects, if shown to be substantial, genuine and bona fide (not spurious, speculative or misconceived), can bar admission of a Section 9 application; numerous pre-demand communications indicating defects support that finding. A completion certificate issued with caveats does not amount to unconditional acceptance and does not foreclose contractual disputes. The appeal challenging these conclusions was dismissed.
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