Reassessment of the Bill of Entry - dues are within the ...
Court Rules Reassessment Dues Not "Operational Debt" Under IBC, Following Supreme Court Interpretation of Sections 3 and 5.
May 1, 2021
Case Laws Customs HC
Reassessment of the Bill of Entry - dues are within the Operational debt under IBC or not - Though the definition of “Operational Debt” in Section 5(21) of the IBC, 2016 is not intended to include “crown debt” such as taxes and duties payable to the Government and is distinct from the “claim” and “debt” as defined in Section 3 (6) and 3(11) of the IBC,2016, as mentioned above in the beginning of the discussion on the second part of this order, this Court is bound by the interpretation placed in the above decision of the Hon’ble Supreme Court - HC
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