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World Cup - Afghanistan creates history by drubbing Australia by 21 runs in Super 8 matchIndian from AP killed in grocery story shoot-out in ArkansasGST Council fixes April 1, 2025 as date for sunset of anti-profiteering authority + Pending cases to move to Principal Bench of GST TribunalCentre to consult SC for selection of GST Tribunal members soon: FMGST - Amnesty Scheme introduced - No interest and penalty if demand amount deposited till Mar 31, 2025 for notices pertaining to 2017 to 2020Dy CM of Bihar Samrat Choudhary to chair GoM on rate-rationalisationYemen’s Houthis launch ballistic missiles at US Aircraft Carrier in Red SeaNEET-UG re-test to be conducted at 6 centres todayGermany suggests EU-China trade dialogue but flays China for support to RussiaWildfires fanned by gale-force winds going wilder in GreeceGST Council fixes monetary limits for appealsGST - Council okays biometric for fresh registrationPre-Budget Meet: State FMs seek improvement in capital investment scheme8 killed in major blast in Gurugram fire extinguisher factoryPM Modi & Sheikh Hasina hold bilateral talksEC kicks off updation of Electoral Rolls for Haryana, Jharkhand, Maharashtra & J&KMany beneficial legal provisions proposals in plate for GST Council’s meeting todayMinister launches 10th tranche of commercial Coal Mine AuctionsSwiss Court sentences Hinduja family members to 4-yr jail-term for exploiting Indian staffers at Geneva mansionCentre imposes stock limits on tur and chana until Sept 30thGovt notifies new law enacted to stymie malpractices in competitive examinationsHaj Pilgrimage: Govt sets up portal real time monitoring of patients, OPDs and critical care treatmentAnti-tax protest turns ‘taxing’ in Nairobi; 200 injured in police lathi-chargeChouhan assures 100% procurement for Tur, Urad and MasoorUS Supreme Court upholds ban on guns in domestic abuse cases

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NCLT imposes 'cost' on GST


NCLT CREATURE OF STATUTE

The Hon'ble SC in the case ofo Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs [C.A.No. 7667/2021 dt. 26-08-2022] held - Once moratorium is imposed in terms of Sections 14 or 33(5) of the IBC as the case may be, the respondent authority only has a limited jurisdiction to assess/determine the quantum of customs duty and other levies. The respondent authority does not have the power to initiate recovery of dues by means of sale/confiscation, as provided under the Customs Act.
Taking note of this judgement, the authorities would have resorted to investigation to issue a demand and later adjudicate.
It is settled law that Tribunals are creature of the statute. They can act only to the extent of powers conferred under the statute and cannot act as Courts of Equity unlike HC [Art. 226] or Sc [Art. 32]
But then who would not like to exercise power.

CESTAT Hyderabad 14/08/2023

 

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