Supreme Court · 2022 INSC 872 · Decided 26 August 2022

Sundaresh Bhatt, Liquidator of Abg Shipyard v. Central Board of Indirect Taxes and Customs

Court
Supreme Court of India
Citation
2022 INSC 872 · [2022] 12 S.C.R. 641
Case number
CIVIL APPEAL No. 7667/2021
Decided
26 August 2022
Bench
N.V. RAMANA, J.K. MAHESHWARI, HIMA KOHLI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Customs Act Section 14, 33(5), 53, 238; IBC Section 14, 33(5), 53, 238, 62(1), 13(1)(a)

Headnote

Insolvency and Bankruptcy Code, 2016 - ss.14, 33(5), 53, 238 - Customs Act - Whether the provisions of the IBC would prevail over the Customs Act and if so, to what extent - Held: The IBC would prevail over the Customs Act to the extent that in terms of ss.14 or 33(5) of the IBC as the case may be, the respondent authority only has a limited jurisdiction to assess/ determine the quantum of customs duty and other levies - The respondent authority does not have the power to initiate recovery of dues by means of sale/confiscation,

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