Cargo Planners Limited v. New Delhi
Case brief
What is this about?
Customs Appeal wherein the appellant, a company in liquidation under IBC with a moratorium imposed, sought to recover proceeds. The Tribunal held that the IBC moratorium shielded the corporate debtor, preventing parallel proceedings, and accordingly disposed of the appeal as abated.
What did the court decide?
The appeal was held to have abated and disposed of.
What the court decided
CUSTOMS EXCISE & SERVICE TAX APPLELLATE TRIBUNAL NEW DELHI
PRINCIPAL BENCH, COURT NO. 4
CUSTOMS APPEAL NO. 52184 OF 2019
[Arising out of Order-in-Appeal No. (A) CUS/DI/ NCH/EXPORT/228/201 9-20 dated 31.05.2019 passed by the Commissioner of Customs (Appeals), New Customs House, New Delhi]
CARGO PLANNERS LIMITED
A-191, Mahipalpur Extension, NH-8, New Delhi.
Appellant
Vs.
COMMISSIONER OF CUSTOMS (GENERAL) ,NEW Respondent DELHI
New Customs House, IGI Airport, New Delhi
Appearance :
Present for the Appellant :Shri Sohan Badhopadhyay, Advocate Present for the Respondent:Shri Gopi Charan, Authorized Representative
Issues for consideration
2 issues framed by the court
Whether the present customs appeal can proceed when the appellant company is in liquidation and a moratorium has been issued under the Insolvency and Bankruptcy Code.
Whether the provisions of the IBC regarding moratorium prevail over the Customs Act to abate the proceedings.
Parties & counsel
- appellant
Cargo Planners Limited
- respondent
Commissioner of Customs (General), New Delhi
Coram
Rachna Gupta
Case details
As recorded by the court registry
- Court
- CESTAT
- Decided on
- · September
- Case no.
- C/52184/2019
- Topic
- Customs and Excise
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