Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Section 42 of the I&B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator's acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator's decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.
Section 42 of the I&B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator's acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator's decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.
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