Landowner's status as co-promoter under RERA - Execution of unchallenged RERA recovery certificate during CIRP - NCLT jurisdiction over CIRP-related execution objections Landowner's status as co-promoter under RERA - The status of landowners who entered into a Joint Development Agreement with the developer for purposes of liability under the Real Estate (Regulation and Development) Act, 2016 - HELD THAT: - The statutory definition of promoter, including its Explanation, treats the per... ... ...

Binding effect of approved resolution plan - Leasehold transfer under approved resolution plan - Waiver of lease-transfer dues Validity of the demand for transfer fees, arrears and other dues for mutation and transfer of industrial leases despite an approved resolution plan expressly waiving such liabilities - HELD THAT: - An approved resolution plan is binding upon all stakeholders, including governmental authorities. Clause 8.4.3 of the approved plan granted unconditional permission for cha... ... ...

Clean-slate doctrine under the Insolvency and Bankruptcy Code - Displaced-person eligibility under the Model Rehabilitation Policy Clean-slate doctrine - Extinguishment of non-plan claims - Enforceability of rehabilitation-policy and project-agreement claims against the erstwhile corporate debtor and its successor after approval of a resolution plan - HELD THAT: - Upon approval of the resolution plan, claims not forming part of it stood extinguished and could not be continued against the corp... ... ...

Fraudulent and collusive initiation of CIRP - Recall of admission for absence of jurisdictional debt - Continuation of CIRP as an in rem proceeding Fraud on jurisdictional facts in insolvency proceedings - Recall of CIRP for collusive initiation - Power of the Adjudicating Authority to recall admission of a Section 9 insolvency application founded on fraudulent and collusive jurisdictional facts - HELD THAT: - The existence of debt is a jurisdictional fact for assumption of jurisdiction under... ... ...

Reasoned interim orders - Natural justice in interlocutory proceedings - Opportunity of hearing - Validity of interim relief in an oppression and mismanagement petition granted without an effective opportunity to contest the interlocutory application and without recorded reasons - HELD THAT: - Mere non-filing of a reply to the main petition or the interlocutory application could not, by itself, justify interim relief affecting material rights. The Tribunal was required to afford an effective ... ... ...

Membership threshold and waiver for oppression and mismanagement proceedings in a company without share capital - Burden of proof of disputed written member consents Maintainability of the oppression and mismanagement petition where the waiver application was filed after the petition and the written consents relied upon for satisfying the membership threshold were disputed - HELD THAT: - The petition had itself pleaded the factual basis for satisfying the statutory threshold and relied on wri... ... ...

Classification of embedded Wi-Fi, cellular and GNSS modules as parts of communication apparatus - Basic customs duty exemption for embedded modules not forming parts of cellular mobile phones or smart watches Classification of embedded Wi-Fi, cellular and GNSS modules as parts of communication apparatus - Sole or principal use test for machine parts - Classification as parts of apparatus for the transmission or reception of data under Tariff Item 8517 79 90 - HELD THAT: - The modules have no ... ... ...

Classification of liquid crystal display panels used in automotive instrument clusters - Specific tariff heading prevailing over vehicle-parts classification Classification of liquid crystal display panels imported for assembly into automotive instrument clusters as liquid crystal devices under CTI 9013 8010 or as motor-vehicle parts under CTI 87089900/87141090 - HELD THAT: - The Tribunal held that LCD panels are specifically covered by CTI 9013 8010. Applying the principle laid in Secure Met... ... ...

Classification of DC-to-DC converters as static converters for IGST - IGST rate on DC-to-DC converters under the applicable notification entry - HELD THAT: - DC-to-DC converters convert direct current from one voltage level to another and are a type of electric power converter. They fall within the classification of static converters under Customs Tariff Item 8504 40 and are covered by Entry 375 of Notification No. 01/2017-IT(RT). [Paras 11] The imported goods were held eligible for IGST a... ... ...

Customs valuation - importer's written acceptance of reassessment - Customs valuation - rejection of declared transaction value on NIDB data Written acceptance of customs reassessment - Statutory right to challenge reassessment - Effect of the importer's written acceptance of enhanced assessable value on the statutory right to challenge reassessment - HELD THAT: - The waiver contemplated by section 17(5) is confined to the proper officer's obligation to issue a speaking order on r... ... ...

Reason to believe for town seizure of gold as smuggled goods - Reverse burden under Section 123 for confiscation of town-seized gold Confiscation of town-seized gold alleged to be of foreign origin, where the claimant established licit procurement through an invoice reflected in the GST portal - HELD THAT: - The invoice and the corresponding GST portal record sufficiently established licit procurement of the gold. Since the gold was seized in town and its purity was below 99.9%, there were no... ... ...

Refund of Special Additional Duty - sale of imported goods as such - Deemed manufacture - sterilisation, repacking and relabelling of medical examination gloves Eligibility for refund of Special Additional Duty on imported non-sterile medical examination gloves after sterilisation, repacking and relabelling for retail sale - HELD THAT: - The conditions requiring invoices and payment of VAT on the "said goods" and "such imported goods" were read together as confining the refund to the imported... ... ...

Seizure of gold - reasonable belief of foreign origin - Burden of proving smuggled character of gold Seizure of gold - reasonable belief of foreign origin - Legality of the Customs seizure of gold handed over by GRPS without an independently formed reasonable belief that it was of foreign origin and smuggled - HELD THAT: - The seizure records disclosed no foreign markings on the gold, and the solitary mark "W" did not establish foreign origin. Customs merely accepted the seizure made by GRPS ... ... ...

Anti-Dumping Duty on castings incorporated in wind-turbine gear boxes Levy of Anti-Dumping Duty on imported wind-turbine gear boxes, as distinct from castings forming part thereof - HELD THAT: - The notification imposes duty on castings for wind operated electricity generators, including castings forming part of a sub-assembly, equipment or component. This enlarges the forms in which castings may be subjected to duty, but does not authorise levy on the complete equipment or component. The unc... ... ...

Prospective operation of customs exemption notification - Provisional release of imported second-hand highly specialised equipment Reliance on an amended exemption notification to decline consideration of provisional release of imported second-hand highly specialised equipment covered by earlier Bills of Lading - HELD THAT: - In the absence of an express provision giving retrospective operation, a statutory notification operates prospectively. Since the Bills of Lading preceded commencement o... ... ...

Special Advance Authorisation imports of polyester knitted fabrics - effect of Minimum Import Price condition - Duty exemption under Special Advance Authorisation Eligibility of polyester knitted fabrics imported under a valid Special Advance Authorisation for duty exemption notwithstanding the Minimum Import Price condition - HELD THAT: - Paragraph 4.04A of the Foreign Trade Policy permits duty-free import of fabrics under the Special Advance Authorisation Scheme for manufacture and export o... ... ...

Customs misdeclaration and attempted export of prohibited red sander wooden logs - Sentencing under Section 135(1)(ii) where prohibited goods are not shown to attract Section 123 of the Customs Act Customs misdeclaration - Attempted export of prohibited red sander wooden logs - Criminal liability for misdeclaration of red sander wooden logs as granite cobble stones for export. - HELD THAT: - The Court found no perversity in the concurrent findings that the petitioner was guilty of misdeclarat... ... ...

Proper officer for customs show cause notice - Exercise of writ jurisdiction at show cause notice stage Validity of the customs show cause notice issued by the Assistant Commissioner, SIIB, on the ground that the issuing officer was not the proper officer - HELD THAT: - The Court treated the jurisdictional question as concluded in Commissioner of Customs v. Canon India Pvt. Ltd., [2021 (3) TMI 384 - SUPREME COURT] which held the concerned officer to be the proper authority. The challenge to t... ... ...

Prospective operation of exemption notification - Provisional release of imported highly specialised equipment Consideration of provisional release of imported secondhand digital multifunction print and copying machines where the bills of lading predated the amendment relied upon by the customs authorities - HELD THAT: - An amendment to an exemption notification, unless expressly retrospective, operates prospectively and cannot govern imports covered by bills of lading issued before its comme... ... ...

Immediate suspension of Customs Broker licences - Binding departmental timelines for preventive suspension - Unexplained delay in preventive suspension Validity of immediate suspension under Regulation 16(1) of Customs Broker licences where the departmental suspension timelines were substantially exceeded without satisfactory explanation - HELD THAT: - Regulation 16(1) confers an exceptional preventive power, not an ordinary disciplinary power. Pendency or contemplation of an enquiry, or the ... ... ...