Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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A Section 9 insolvency application was rejected because the wage claim was subject to a bona fide pre-existing dispute over entitlement and quantification. The Appellate Tribunal held that non-response to the Section 8 demand notice did not stop the corporate debtor from showing, before the Adjudicating Authority, that disputes had already arisen. Pending labour proceedings and earlier High Court litigation showed that the basis and extent of the dues had not been finally settled. Applying Mobilox, the Tribunal found a plausible dispute, not a spurious one, so the operational debt was not undisputed and insolvency could not be used as a recovery mechanism.
A Section 9 insolvency application was rejected because the wage claim was subject to a bona fide pre-existing dispute over entitlement and quantification. The Appellate Tribunal held that non-response to the Section 8 demand notice did not stop the corporate debtor from showing, before the Adjudicating Authority, that disputes had already arisen. Pending labour proceedings and earlier High Court litigation showed that the basis and extent of the dues had not been finally settled. Applying Mobilox, the Tribunal found a plausible dispute, not a spurious one, so the operational debt was not undisputed and insolvency could not be used as a recovery mechanism.
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