Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
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