IBC prevails over the Customs Act. Custom Authorities have no power to sell goods during CIRP/Liquidation Process

The IBC prevails over The Customs Act, to the extent that once moratorium is imposed in terms of Sections 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, as provided under the Customs Act.

Category: Insolvency and Bankruptcy Code 2016   Posted on: September 11, 2022