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Rule 22 of CESTAT (Procedure) Rules, 1982 governs abatement of appeals in case of liquidation proceedings. The appellant company faced recovery of irregular CENVAT credit availed, along with interest and penalty. NCLT Chennai ordered liquidation of the appellant vide order dated 19.03.2018. The Deputy Commissioner of GST and Central Excise, Trichy registered its claim with the Liquidator. As the Official Liquidator did not apply for continuance of the appeal u/r 22, the appeal abated. Consequently, the appeal was dismissed as infructuous due to the liquidation proceedings and non-application by the Liquidator for continuance.
Rule 22 of CESTAT (Procedure) Rules, 1982 governs abatement of appeals in case of liquidation proceedings. The appellant company faced recovery of irregular CENVAT credit availed, along with interest and penalty. NCLT Chennai ordered liquidation of the appellant vide order dated 19.03.2018. The Deputy Commissioner of GST and Central Excise, Trichy registered its claim with the Liquidator. As the Official Liquidator did not apply for continuance of the appeal u/r 22, the appeal abated. Consequently, the appeal was dismissed as infructuous due to the liquidation proceedings and non-application by the Liquidator for continuance.
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