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...
Successive applications under Section 65 cannot be used to reopen allegations of fraudulent or malicious initiation of insolvency proceedings once an earlier challenge has been rejected and the admission order has attained finality. The Tribunal treated the later application as a repetitive attempt to revive concluded issues, noting that mere repetition without fresh substantiating material could not sustain relief after findings on debt and default had become final. It also held that a litigant who falsely denied filing an earlier appeal and suppressed that dismissal failed to approach the Tribunal with clean hands, so the concealment itself justified denial of relief and adverse consequences, including costs.
Successive applications under Section 65 cannot be used to reopen allegations of fraudulent or malicious initiation of insolvency proceedings once an earlier challenge has been rejected and the admission order has attained finality. The Tribunal treated the later application as a repetitive attempt to revive concluded issues, noting that mere repetition without fresh substantiating material could not sustain relief after findings on debt and default had become final. It also held that a litigant who falsely denied filing an earlier appeal and suppressed that dismissal failed to approach the Tribunal with clean hands, so the concealment itself justified denial of relief and adverse consequences, including costs.
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