International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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Application under Section 7 of the IBC must disclose the necessary ingredients and materially conform to Form I, but insignificant omissions do not mandate rejection where supporting materials establish default. Debt restructuring and subsequent working capital consortium agreements that acknowledge past liabilities can renew the debt and reset the relevant date(s) of default, thereby extending limitation under the Limitation Act through acknowledgement; where such acknowledgement appears in balance sheets and executed agreements within the limitation period, the Section 7 filing is timely. Pendency of parallel proceedings or counterclaims, or allegations of mala fide purpose, do not automatically bar invocation of IBC. Appeal dismissed.
Application under Section 7 of the IBC must disclose the necessary ingredients and materially conform to Form I, but insignificant omissions do not mandate rejection where supporting materials establish default. Debt restructuring and subsequent working capital consortium agreements that acknowledge past liabilities can renew the debt and reset the relevant date(s) of default, thereby extending limitation under the Limitation Act through acknowledgement; where such acknowledgement appears in balance sheets and executed agreements within the limitation period, the Section 7 filing is timely. Pendency of parallel proceedings or counterclaims, or allegations of mala fide purpose, do not automatically bar invocation of IBC. Appeal dismissed.
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