Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
A pre-existing dispute barred admission of the Section 9 insolvency application where the corporate debtor's reply to the demand notice expressly denied liability and disputed the claim amount, and prior correspondence had already recorded defects, delay and deficient performance. Applying the Mobilox test, the Tribunal held that it was enough that the defence disclosed a plausible dispute requiring further adjudication; the Adjudicating Authority was not to decide the merits of the contractual controversy. The dispute was neither moonshine nor illusory, so insolvency could not be used as a substitute for recovery or contractual adjudication. The rejection of the Section 9 application was therefore affirmed, with liberty to pursue other remedies in law.
A pre-existing dispute barred admission of the Section 9 insolvency application where the corporate debtor's reply to the demand notice expressly denied liability and disputed the claim amount, and prior correspondence had already recorded defects, delay and deficient performance. Applying the Mobilox test, the Tribunal held that it was enough that the defence disclosed a plausible dispute requiring further adjudication; the Adjudicating Authority was not to decide the merits of the contractual controversy. The dispute was neither moonshine nor illusory, so insolvency could not be used as a substitute for recovery or contractual adjudication. The rejection of the Section 9 application was therefore affirmed, with liberty to pursue other remedies in law.
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