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...
Corporate guarantee and cost-overrun undertakings were interpreted as limited obligations to infuse equity, meet shortfalls, or cover specified contingencies; they did not create a liability to repay the principal borrower's loan, so a Section 7 petition against the corporate debtor was not maintainable on that basis. The tribunal also held that default of the principal borrower could not be treated as the guarantor's default; default arose only after invocation of the guarantee and non-payment thereafter, which on the bank's own case fell within the Section 10A suspension period. Non-consideration of the later guarantee deed and inconsistent treatment of the same transaction further indicated non-application of mind, making the admission order unsustainable.
Corporate guarantee and cost-overrun undertakings were interpreted as limited obligations to infuse equity, meet shortfalls, or cover specified contingencies; they did not create a liability to repay the principal borrower's loan, so a Section 7 petition against the corporate debtor was not maintainable on that basis. The tribunal also held that default of the principal borrower could not be treated as the guarantor's default; default arose only after invocation of the guarantee and non-payment thereafter, which on the bank's own case fell within the Section 10A suspension period. Non-consideration of the later guarantee deed and inconsistent treatment of the same transaction further indicated non-application of mind, making the admission order unsustainable.
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