Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Section 95 insolvency proceedings against a personal guarantor were held time-barred because the creditor's own notice fixed the date of default as 01.08.2012, and limitation under Article 137, as applied through Section 238A of the IBC, runs from a definite default event. The NCLAT held that default under the Code is a specific non-payment when the debt becomes due and payable, and it cannot be treated as continuing merely because the guarantee was said to be continuing under Section 129 of the Contract Act. Neither the arbitral proceedings nor execution of the award extended or suspended limitation. The admission order against the guarantor was quashed and the appeal allowed.
Section 95 insolvency proceedings against a personal guarantor were held time-barred because the creditor's own notice fixed the date of default as 01.08.2012, and limitation under Article 137, as applied through Section 238A of the IBC, runs from a definite default event. The NCLAT held that default under the Code is a specific non-payment when the debt becomes due and payable, and it cannot be treated as continuing merely because the guarantee was said to be continuing under Section 129 of the Contract Act. Neither the arbitral proceedings nor execution of the award extended or suspended limitation. The admission order against the guarantor was quashed and the appeal allowed.
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