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...
A CoC-approved resolution plan remains binding inter se the CoC and the successful resolution applicant even before approval by the adjudicating authority, and cannot be withdrawn or modified after submission for approval. The Tribunal applied Ebix Singapore and State Bank of India v. Consortium of Murarilal Jalan to hold that the CoC had no jurisdiction to authorise the Resolution Professional to seek withdrawal of the pending plan approval application. It further held that post-submission CoC meetings under Regulation 18(2) may deal only with matters not affecting the resolution plan. The order allowing withdrawal on the RP's oral request was set aside, the approval application was revived, and the separate promoter-related application was left open.
A CoC-approved resolution plan remains binding inter se the CoC and the successful resolution applicant even before approval by the adjudicating authority, and cannot be withdrawn or modified after submission for approval. The Tribunal applied Ebix Singapore and State Bank of India v. Consortium of Murarilal Jalan to hold that the CoC had no jurisdiction to authorise the Resolution Professional to seek withdrawal of the pending plan approval application. It further held that post-submission CoC meetings under Regulation 18(2) may deal only with matters not affecting the resolution plan. The order allowing withdrawal on the RP's oral request was set aside, the approval application was revived, and the separate promoter-related application was left open.
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