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...
NCLAT held that bankruptcy proceedings against personal guarantors were a lawful consequence of an unchallenged order under Section 114(1) of the Insolvency and Bankruptcy Code. Once the repayment-plan stage had been exhausted and no viable plan was submitted, the Adjudicating Authority could proceed under Section 115(2) and Section 121 without issuing a fresh show-cause notice or hearing at the bankruptcy stage. Rule 37 of the NCLT Rules was treated as inapplicable to reopen a process already completed, and the appellants were bound by waiver and finality of the earlier adjudicatory order. The bankruptcy order was therefore upheld.
NCLAT held that bankruptcy proceedings against personal guarantors were a lawful consequence of an unchallenged order under Section 114(1) of the Insolvency and Bankruptcy Code. Once the repayment-plan stage had been exhausted and no viable plan was submitted, the Adjudicating Authority could proceed under Section 115(2) and Section 121 without issuing a fresh show-cause notice or hearing at the bankruptcy stage. Rule 37 of the NCLT Rules was treated as inapplicable to reopen a process already completed, and the appellants were bound by waiver and finality of the earlier adjudicatory order. The bankruptcy order was therefore upheld.
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