TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>CESTAT disposes appeal after NCLT approves Resolution Plan following Jet Airways precedent on insolvency proceedings</h1> CESTAT Chennai disposed of an appeal against a Commissioner's order after considering a Resolution Plan approved by NCLT and accepted by SC. The Tribunal ... Seeking abatement of appeal - Resolution Plan under challenge has been accepted by the Hon’ble Supreme Court - HELD THAT:- Mumbai Bench of the CESTAT, in the case of M/s. Jet Airways (India) Ltd. v. Commissioner of Service Tax-V, Mumbai & Anor. [2023 (5) TMI 767 - CESTAT MUMBAI], has referred to an earlier order of the CESTAT in their own case, referred to the decision of the Hon’ble Apex Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. & Ors. [2021 (4) TMI 613 - SUPREME COURT], and thereafter, has also referred to the C.B.I.C. Instruction No. 1083/04/2022-CX9 dated 23.05.2022, and ordered that the appeals before the Bench stand abated since the NCLT had approved the Resolution Plan in the insolvency proceedings. Respectfully following the above ratio of the co-ordinate Bench, we hold that the present appeal also stands abated. Appeal disposed off. The Appellate Tribunal (CESTAT Chennai) disposed of the appeal against Order-in-Original No. 06/2014 (ST) dated 08.08.2014 by the Commissioner of Central Excise, Chennai III Commissionerate. Counsel for the appellant submitted the Resolution Plan approved by the NCLT, which was also accepted by the Hon'ble Supreme Court. The Tribunal relied on the Mumbai Bench's decision in M/s. Jet Airways (India) Ltd. v. Commissioner of Service Tax-V, which referenced the Supreme Court's ruling in Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. (Civil Appeal No. 8129 of 2019) and C.B.I.C. Instruction No. 1083/04/2022-CX9 dated 23.05.2022. Following this precedent, the Tribunal held that the appeal 'stands abated' due to the NCLT's approval of the Resolution Plan in the insolvency proceedings, and accordingly disposed of the appeal.
TaxTMI 
TaxTMI 
