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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