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 sanctioned scheme of arrangement assigning specified creditors' claims to the 63 Moons Group was held binding on all specified creditors, including dissenters, because the claims pursued in the civil suits arose from the same NSEL payment default and fell within the scheme. Once the settlement trigger event occurred, those claims, including claims against consenting brokers, stood assigned to the assignee, so the appellants could not continue independent civil proceedings for covered claims. The Tribunal also refused to revisit the scheme's legality, noting that earlier orders upholding it had already attained finality and were affirmed on merits by the Supreme Court. The appeal was dismissed.
A sanctioned scheme of arrangement assigning specified creditors' claims to the 63 Moons Group was held binding on all specified creditors, including dissenters, because the claims pursued in the civil suits arose from the same NSEL payment default and fell within the scheme. Once the settlement trigger event occurred, those claims, including claims against consenting brokers, stood assigned to the assignee, so the appellants could not continue independent civil proceedings for covered claims. The Tribunal also refused to revisit the scheme's legality, noting that earlier orders upholding it had already attained finality and were affirmed on merits by the Supreme Court. The appeal was dismissed.
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