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Customs - Highlights / Catch Notes

Home Highlights December 2023 Year 2023 This

Recovery of customs duty / dues - Perior over secured creditors ...

Customs

December 6, 2023

Recovery of customs duty / dues - Perior over secured creditors - Validity of order of attachment - Admittedly the bank had executed mortgage of deposit of title deeds on 31.07.1997, which is prior to the attachment of the Customs Department which was passed on 01.11.2004. Therefore, financial institution is having 1st charge as secured creditor than the crown debt. Hence, the impugned attachment cannot sustain the scrutiny of law. - HC

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