Seeking removal of the materials lying in the Customs Bonded ...

Liquidator can't claim goods in Customs Bonded Warehouses as Corporate Debtor's assets without paying duties upfront per Customs Act 1962.

November 24, 2021

Case Laws     Insolvency and Bankruptcy     AT

Seeking removal of the materials lying in the Customs Bonded Warehouses without payment of Customs Duty - the assets lying in the Customs bonded warehouses cannot be considered assets of the Corporate Debtor. The Liquidator intends to possess the uncleared goods from the customs warehouses without upfront payment of Customs duty, which is against the statutory provisions of the Customs Act, 1962. Therefore, the imported goods subject to levy of Customs stand on a different footing than the goods /assets, not in the Corporate Debtor's possession. Therefore the assets lying in the Customs bonded warehouses cannot be considered assets of the Corporate Debtor. - AT

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