The Tribunal held that the department could not reject a genuine Load Port Chartered Engineer’s Certificate in favour of a local report lacking supporting details. The declared transaction value was restored for customs assessment.
The Tribunal classified AKD Wax under Heading 34049090 based on test reports and HSN notes. However, it held that prolonged departmental acceptance of an earlier classification defeated allegations of suppression.
The Tribunal held that Rule 11(3) does not apply where common inputs are used for both exempted and dutiable products. Credit balances could continue to be utilised for payment of duty on dutiable goods.
The Tribunal held that the adjudicating authority failed to properly analyse BIS guidance documents and the applicable Quality Control framework. The matter was remanded for fresh consideration through a reasoned order.
The Tribunal held that test reports from two live consignments could not be mechanically applied to past imports without separate evidence. Each Bill of Entry was treated as an independent assessment.
The Tribunal held that meetings of shareholders and creditors were unnecessary where the transferor was a wholly owned subsidiary, no new shares were to be issued, and no compromise with stakeholders was proposed. The first motion application was accordingly allowed.
The Tribunal held that whether acts of oppression or mismanagement are established can only be determined after a full adjudication on merits. Such issues cannot be decided at the threshold stage of dismissal proceedings.
The Tribunal held that equal shareholding coupled with non-cooperation had resulted in complete deadlock in the company’s affairs. To bring an end to the oppression, it directed the respondent to transfer her shares at nil value.
The Tribunal held that the proposed reduction would not adversely affect the company’s ability to meet its liabilities. It approved the scheme after finding that creditors’ interests remained protected.
The Tribunal held that the proposed Section 339 relief flowed directly from the SFIO investigation report forming the basis of the existing petition. The amendment was permitted to enable comprehensive adjudication of the alleged fraud.
