Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Whether spectrum licensing rights fall within the corporate insolvency estate under the IBC: the article states that spectrum is a public resource held in trust and that Spectrum Trading Guidelines reserve comprehensive supervisory and corrective control to the State (including annulment of trades and recovery of dues), showing trading is a conditional privilege rather than a transferred proprietary title. IBC applies only to assets owned by the corporate debtor as recorded; mere recognition of licensing rights in financial statements does not create ownership. Consequently, telecom statutes and regulatory regime occupy the legal province over spectrum and spectrum licensing rights cannot be subjected to IBC proceedings.
Whether spectrum licensing rights fall within the corporate insolvency estate under the IBC: the article states that spectrum is a public resource held in trust and that Spectrum Trading Guidelines reserve comprehensive supervisory and corrective control to the State (including annulment of trades and recovery of dues), showing trading is a conditional privilege rather than a transferred proprietary title. IBC applies only to assets owned by the corporate debtor as recorded; mere recognition of licensing rights in financial statements does not create ownership. Consequently, telecom statutes and regulatory regime occupy the legal province over spectrum and spectrum licensing rights cannot be subjected to IBC proceedings.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
