Supreme Court · 2023 INSC 746 · Decided 18 August 2023

Industrial Development Bank of India (Through Stressed Assets Stabilization Fund Constituted BY the Government of India) v. Superintendent of Central Excise and Customs and Others

Court
Supreme Court of India
Citation
2023 INSC 746 · [2023] 12 S.C.R. 1052
Case number
CIVIL APPEAL No. 2568/2013
Decided
18 August 2023
Bench
SANJIV KHANNA, SUDHANSHU DHULIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 372(1); Companies Act Section 529A, 530(1), 530, 529, 530(1)(a), 530(8)(c); Customs Act Section 530(1), 46, 68, 142A; IBC Section 142A; SARFAESI Act

Headnote

HEADNOTES Issue for consideration: Whether the Customs Act, 1962 creates a fi rst charge overriding the charge in favour of the secured creditor. Companies Act, 1956 - ss.529A, 530(1) - Customs duty 'due and payable' - 'relevant date' - Preferential payments u/clause (a) to s.530(1) - Customs Act if negates or overrides the statutory preference in terms of s.529A, Companies Act

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