Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
Transparency in technical bid evaluation requires disclosed standards and recorded reasons; opaque scoring invalidated tender awards and required fres...
Automated export obligation extensions remove separate regional applications after committee approval for Advance Authorisation and EPCG authorisation...
International cargo transhipment through Indian ports continues with Customs-controlled storage, re-export safeguards, and coordinated multi-station m...
An earlier registered bank security interest prevailed over a later statutory tax lien where the bank's charge was created and registered in 2012 and the tax department's lien arose only in 2019. The Tribunal held that once the secured creditor elected under Section 52(1)(b) to realise its security outside the liquidation estate, and the liquidator verified that interest under Section 52(3), the later lien could not obstruct enforcement. It distinguished Rainbow Papers as not deciding priority against a prior perfected secured creditor. The liquidator's conduct was found bona fide and within statutory authority, as the tax claim had been admitted and later reclassified in line with the evolving legal position, and the adverse observations against him were expunged.
An earlier registered bank security interest prevailed over a later statutory tax lien where the bank's charge was created and registered in 2012 and the tax department's lien arose only in 2019. The Tribunal held that once the secured creditor elected under Section 52(1)(b) to realise its security outside the liquidation estate, and the liquidator verified that interest under Section 52(3), the later lien could not obstruct enforcement. It distinguished Rainbow Papers as not deciding priority against a prior perfected secured creditor. The liquidator's conduct was found bona fide and within statutory authority, as the tax claim had been admitted and later reclassified in line with the evolving legal position, and the adverse observations against him were expunged.
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