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Customs - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Jurisdiction - power to issue SCN - CIRP proceedings - Approval ...

Customs

February 18, 2023

Jurisdiction - power to issue SCN - CIRP proceedings - Approval of resolution plan - The impugned show-cause notice seeks to do, what is, in fact, an exercise in futility, given the law laid down by the Supreme Court in Ghanashyam Mishra. The Supreme Court has enunciated, in no uncertain terms, the clean slate principle; it cannot be set at naught by entertaining claims that concern the period obtaining before the approval of the Resolution Plan. - HC

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