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...
Pre-existing disputes over quality of goods, delivery delay and account reconciliation did not bar Section 9 insolvency proceedings where the Corporate Debtor itself had prepared and communicated a consequences sheet quantifying those issues and crystallising the balance payable. The Tribunal treated the debtor's insistence that payment follow acceptance of that sheet as a conditional stance, not evidence of a subsisting dispute over the admitted amount. On the record, the balance debt was acknowledged, and the dispute was held to be hypothetical, spurious or illusory as to that crystallised liability. The appeal was dismissed and admission of the Corporate Debtor into CIRP under Section 9 was upheld.
Pre-existing disputes over quality of goods, delivery delay and account reconciliation did not bar Section 9 insolvency proceedings where the Corporate Debtor itself had prepared and communicated a consequences sheet quantifying those issues and crystallising the balance payable. The Tribunal treated the debtor's insistence that payment follow acceptance of that sheet as a conditional stance, not evidence of a subsisting dispute over the admitted amount. On the record, the balance debt was acknowledged, and the dispute was held to be hypothetical, spurious or illusory as to that crystallised liability. The appeal was dismissed and admission of the Corporate Debtor into CIRP under Section 9 was upheld.
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