9911796707
TMI Blog2024 (9) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... e year 2012-2013 - petitioner contends that the Liquidator was never issued with notice of re-assessment and could not participate in the re-assessment - applicability of moatorium - HELD THAT:- In the present case, admittedly, in the case of the assessee the liquidation proceedings had commenced by Annexure-2 order dated 06.02.2020 and the Liquidator was appointed. As we saw from Annexure-C, the notices were all issued to the e-mail of the assessee after the Liquidator was appointed which makes it clear that the Liquidator was never informed of the re-assessment proceedings. In such circumstances, Annexure-C suffers from the defect of the assessee having not been heard. In the present case, initially the State had also objected to the fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iquidator who represents the assessee has been appointed as per Annexure-2 order dated 06.02.2020 passed by the NCLT. The Liquidator representing the assessee has come before this Court with the writ petition challenging the re-assessment for the year 2012-2013; translated copy of which order is produced as Annexure-C along with the counter affidavit of Respondent Nos. 3 and 4. 2. Learned Counsel for the petitioner contends that the Liquidator was never issued with notice of re-assessment and could not participate in the re-assessment. There are also claims of refund which are being prosecuted for the years 2013- 2014 to 2015-2016 before the appropriate authority. In such circumstance, there should be a proper assessment proceeding taken wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r conclusions: 57.1. 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. 57.2. After such assessment, the respondent authority has to submit its claims (concerning customs dues/operational debt) in terms of the procedure laid down, in strict compliance of the time periods prescribed under the IBC, before the adjudicating authority. 57.3. In any case, the IRP/RP/liquidator can immediately secure goods from the respondent authority to be deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside the Annexure-C order without going into the merits of the matter. The Liquidator shall appear before the Assessing Officer on 21.08.2024 after filing proper objections. The assessment order at Annexure-C itself shall be considered as a notice for re-assessment. After filing the objection, the Assessing Officer shall hear the matter on the same day or any other date with intimation to the Liquidator, who is representing the assessee. The matter shall be considered on merits and an assessment order passed, which again has to be enforced only by filing a proper claim before the Liquidator and going by the decision in ABG Shipyard Liquidator (supra). Necessarily the demand notice with respect to Annexure C assessment order for 2012-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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