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February 20, 2025 at 06:43 AM
Insolvency:
*No new Customs Duty, interest or penalty can be levied, once the Resolution Plan stands approved – Gujarat High Court*
_Mr. Justice Bhargav D. Karia and Mr. Justice D.N. Ray_
Case Citation: (2025) ibclaw.in 81 HC
In this case, counsel appearing on behalf of the Customs Dept. has submitted that SCN was issued proposing customs duty, interest and penalty which had not attained finality by way of issuing order by the Commissioner of Customs and therefore, on the date of issuance of the order for “approval of resolution plan” under section 31 of the IBC, there was no existing debt or claim against the Corporate Debtor and therefore, the order for “approval of resolution plan” under Section 31 (1) of the IBC is not applicable to the present case and therefore, the decision of the Apex Court in the case of Ghanashyam Mishra will not be applicable in the facts of the case.
https://ibclaw.in/tiger-surgical-disposable-pvt-ltd-vs-principal-commissioner-of-customs-gujarat-high-court/