TMI Blog2021 (9) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant for change of address can also be incorporated in the cause title. Accordingly, Miscellaneous Applications filed by appellants can be allowed. The Miscellaneous applications stand accordingly disposed off. Claim of benefit of exemption - re-imported air craft engines and parts thereof which were exported for the purposes of repairs/ reconditioning etc. - HELD THAT:- It is very clear from the preamble of the notification that whole of additional duty, integrated tax, compensation cess leviable thereon respectively under sub-sections (1), (3), (5), (7) and (9) of Section 3 of Customs Tariff Act, are wholly exempt - It is very clear that additional duty, integrated tax, compensation cess are exempted and customs duty would be li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n force is due, guarantors and other stake holders involved in the Resolution Plan. .... ..... .... i. The Memorandum of Association (MoA) and Articles of Association (AoA) shall accordingly be amended and filed with the Registrar of Companies (RoC) concerned for information and record. The Resolution Applicant, for effective implementation of the Plan, shall obtain all necessary approvals, under any law for the time being in force, within such period as may be prescribed. j. Henceforth, no erstwhile creditors of the Corporate Debtor can claim anything other than the liabilities taken over by the Resolution Applicant. k. The moratorium under Section 14 of the Code shall cease to have effect from this date. l. The Monitoring C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Bench of this Tribunal has already decided the issue in favour of appellant themselves vide Final order No.50004-50063/2021 dated 13.01.2021. 5. Learned Authorised Representative Ms.K. Komathi for the department reiterates the findings of OIO and OIA. 6. Heard both sides and perused the records of the case. 7. We find that as submitted by Ld. Counsel for the appellants that the moratorium imposed under Section 14 of the Insolvency Code has been lifted by NCLT vide its order cited above. Therefore, the proceedings, if any, can be continued. Moreover, the crux of the issue, as submitted by the Learned Counsel, is that even though the moratorium was imposed, it was on the claims by creditors and it was not applicable to the instant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uding cost of materials used in repairs (whether such costs are actually incurred or not), insurance and freight charges, both ways. It is very clear that additional duty, integrated tax, compensation cess are exempted and customs duty would be limited to be taxed on the value of the fair cost of repairs carried out including cost of materials used in repairs, insurance and freight charges. 9. We also find that case involving identical case in respect of appellant themselves has been decided by the Principal Bench of this Tribunal vide order cited above. We find that the Principal Bench having gone at length into this issue have observed as follows: 43. It would be seen that the aforesaid Notification refers to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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