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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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Estoppel by acceptance of payment prevents appellants who unconditionally accepted amounts under the approved resolution plan from belatedly challenging the plan or prior partial rejection of their claims; those appellants are estopped and their appeals dismissed. Claims not substantiated by the proof mandated under Regulation 19 and Schedule II (Form E/Form F and supporting material) were rightly partially rejected by the Liquidator and cannot be reopened on appeal. Judicial interference with a resolution plan approved by 100% of the CoC is very limited; the plan's provision for priority payment of statutory employee dues (EPF, gratuity, earned leave) and enforcement mechanisms was held adequate, directing the RP and applicant to ensure remittance.
Estoppel by acceptance of payment prevents appellants who unconditionally accepted amounts under the approved resolution plan from belatedly challenging the plan or prior partial rejection of their claims; those appellants are estopped and their appeals dismissed. Claims not substantiated by the proof mandated under Regulation 19 and Schedule II (Form E/Form F and supporting material) were rightly partially rejected by the Liquidator and cannot be reopened on appeal. Judicial interference with a resolution plan approved by 100% of the CoC is very limited; the plan's provision for priority payment of statutory employee dues (EPF, gratuity, earned leave) and enforcement mechanisms was held adequate, directing the RP and applicant to ensure remittance.
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