Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
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