Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
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The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
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