The Chennai bench of the Customs, Excise And Service Tax Appellate Tribunal (CESTAT) disposed of the Customs appeal as it was abated on approval of resolution plan by National Company Law Tribunal (NCLT).
M/s.Neoteric Infomatique Ltd., the appellant challenged the order passed by Commissioner of Customs, Chennai. Shri Madan G., Advocate appeared for the Appellant and Shri Sanjay Kakkar, Commissioner appeared for the Respondent.
It was found that the NCLT had accepted the Resolution Plan and Office Liquidator has been appointed. Hence, the present appeals could not survive, since the appeals would stand abated, in view of the decision of the Apex Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. & Ors.
In this case, the bench held that “ When one of the wings of the State Government has approached NCLT and NCLAT, it is difficult to believe, that other organ of the State was not aware about the said proceedings.”
“ 147. The contention of Shri Gurukrishna Kumar, learned Senior Counsel, that finding with regard to non compliance of Section 13 is not challenged by the Electrosteel Steels Limited, is also incorrect, inasmuch as, Electrosteel Steels Limited has raised the specific ground in Grounds ‘U’ to ‘ AA’ to that effect in the appeal memo.
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148. In the result, the appeals deserve to be allowed. It is ordered accordingly. The impugned judgment and order of the Jharkhand High Court dated 1.5.2020 is quashed and set aside”
The CESTAT Benches have been consistently holding the abatement of appeals, wherever the Resolution Plan is shown to have accepted by the Adjudicating Authority, including Chennai Bench, in the case of M/s.Orchid Chemicals & Pharmaceuticals Ltd., Vs. Commissioner of GST & Central Excise, Chennai.
Since the appellant-assessee file dappeal praying for the closure of appeal in view of their resolution plan being accepted by the NCLT, the two member bench of P. Dinesha, Member (Judicial) and M. Ajit Kumar, Member (Technical) disposed the appeal as it stand abated.
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