https://www.taxtmi.com/caselaws?id=429615 An NCLT-approved resolution plan provided that pre-closing-date claims of operational creditors and governmental authorities stood discharged, settled, extinguished or abated, with no amount payable toward such claims, so the departmental demand was prima facie unrecoverable against the assessee. The tribunal also held that, absent an express enabling provision in the customs and central excise framework, it could not finally determine the effect of the insolvency proceedings on recovery of the adjudged dues, leaving that question to the department in the first instance. In light of the resolution order and the department's stated position, the appeals were treated as no longer requiring adjudication and disposed of as infructuous. en-us Thu, 20 Oct 2022 00:00:00 +0530 Wed, 02 Nov 2022 09:11:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=429615 An NCLT-approved resolution plan provided that pre-closing-date claims of operational creditors and governmental authorities stood discharged, settled, extinguished or abated, with no amount payable toward such claims, so the departmental demand was prima facie unrecoverable against the assessee. The tribunal also held that, absent an express enabling provision in the customs and central excise framework, it could not finally determine the effect of the insolvency proceedings on recovery of the adjudged dues, leaving that question to the department in the first instance. In light of the resolution order and the department's stated position, the appeals were treated as no longer requiring adjudication and disposed of as infructuous. Case-Laws Central Excise Thu, 20 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=429615