Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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Admission of a Section 7 petition was upheld where financial debt and default were established by undisputed records and acknowledgements, so admission at the summary stage was proper. The adjudicating authority's role at admission is confined to existence of debt and default; Vidarbha-type viability inquiries were not warranted absent concrete contemporaneous evidence extinguishing the debt. A prior dismissal based on a quashed regulatory circular did not attract res judicata to bar the fresh petition under the revised RBI framework. The RBI framework did not prohibit filing and lender resolution choices are commercial; allegations of creditor misconduct were unproven and did not negate debt or default.
Admission of a Section 7 petition was upheld where financial debt and default were established by undisputed records and acknowledgements, so admission at the summary stage was proper. The adjudicating authority's role at admission is confined to existence of debt and default; Vidarbha-type viability inquiries were not warranted absent concrete contemporaneous evidence extinguishing the debt. A prior dismissal based on a quashed regulatory circular did not attract res judicata to bar the fresh petition under the revised RBI framework. The RBI framework did not prohibit filing and lender resolution choices are commercial; allegations of creditor misconduct were unproven and did not negate debt or default.
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