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Customs - Highlights / Catch Notes

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Hon'ble SC in Edelweiss case held that once resolution plan ...


Demand of Customs Duty: Hon'ble SC's Edelweiss ruling applied: Approved resolution plan extinguishes claims not included.

January 15, 2025

Case Laws     Customs     HC

Hon'ble SC in Edelweiss case held that once resolution plan approved u/s 31(1) IBC, no claim except those approved in plan shall survive. Applying this to present case, HC held that after approval of resolution plan, no new customs duty, interest or penalty proposed by respondent can be levied as IBC overrides other laws like Customs Act regarding extinguishment of claims not included in approved plan. Appeal allowed.

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