Validity of demand of duty as per precondition of re-export for ...

High Court Evaluates Duty Demand Validity Under Advance Authorization Scheme Amid CIRP and Liquidation Proceedings.

July 15, 2023

Case Laws     Customs     HC

Validity of demand of duty as per precondition of re-export for violation of Advance Authorization Scheme - Petitioner was before NCLT in CIRP and moratorium was declared, and later to be liquidated - the show cause notice has been issued after moratorium has been imposed by the NCLT and the order determining liability has been issued long past the date of liquidation. This, when the customs department was well aware of the assessee/R2 being before the NCLT. Thus, and all the more, would the petitioner in the present case be eligible for re-export upon payment of charges alone. - HC

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