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2021 (10) TMI 303

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..... the Resolution Plan is approved and thereafter concluded that the same shall become effective from the date of passing of the order. As per the order, from the plan approval date, all proceedings, claims, disputes and interests in connection with the Corporate Debtor (appellant herein) shall stand withdrawn, satisfied and discharged - miscellaneous application has been filed by the Authorized Signatory of the appellant for having the appeal disposed of by closing the demands, as abated. The appeal is dismissed as abated. - Customs Early Hearing Application No. 00278 of 2013 AND Customs Miscellaneous Application No. 40289 of 2019 In Customs Appeal No. 00129 of 2012 - FINAL ORDER NO. 42364 / 2021 - Dated:- 5-10-2021 - MS. SULEKHA BE .....

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..... t from the EOU scheme is a one-time option and that after exit from the 100% EOU, the full rate of Customs Duty and Central Excise Duty has to be paid. 3. Thereafter, Show Cause Notice dated 10.06.2010 was issued which culminated in passing of the order impugned herein, wherein the Original Authority confirmed demand of Duty of ₹ 1,06,40,397/- under the proviso to Section 28(1) of the Customs Act read with Section 72 of the Customs Act and proviso to Section 11A(1) of the Central Excise Act, 1944 read with Section 3(1) ibid., together with applicable interest on the above amount of Duty in terms of Section 28AB of the Customs Act and Section 11AB of the Central Excise Act. The Original Authority also imposed penalties of ₹ 1, .....

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..... and damages in connection with Corporate Debtor or the affairs of the Corporate Debtor, pending or threatened, present or future in relation to any period prior to the plan approval date, or arising on account of implementation of this resolution plan shall stand withdrawn, satisfied and discharged. From the date of approval of the Resolution Plan , the Resolution Applicant shall be legally authorised to seek appropriate orders from respective authorities/courts/tribunals for renewal of licences/withdrawal/dismissal or abatement of the proceeding as the case may be. . . . 24. Thus, the Resolution Plan filed with the Application meets the requirements of Section 30(2) of I B Code, 2016 and Regulations 37, 38, 38(1A) an .....

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