2022 (11) TMI 220

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....4.07.2019. 02. Shri Rajesh Rawal and Shri Dhaval Shah, Advocates appeared on behalf of the applicant. Shri Dhaval Shah submits that as per the resolution plan approved by NCLT, no dues exists against the applicant therefore, the demand involved in the impugned order is not recoverable by the department consequently, the appeal becomes infructuous. 03. On the other hand Shri G. Kirupanandan, learned Superintendent (AR) appearing on behalf of the revenue submits that on the direction of this Hon'ble Tribunal jurisdictional CGST office was asked as to whether any claim was filed before the resolution professional in the present appeals. He vide letter dated 08.08.2022 submitted that in respect of appeal No.C/11093/2018, ST/10366/2020 & ST/10....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not liable to pay any dues. However, this tribunal is not competent to decide regarding the recovery of any dues. It is the department who has to decide whether any dues is recoverable or otherwise, in the light of the resolution plan approved by the NCLT. 4.1 We also find that on record and submission of the learned AR, it is on record that the revenue has filed an appeal under Section 42 of IBC, 2016 before NCLT- Mumbai vide letter dated 02.09.2020 however, there is no material on record to know that whether there is any outcome of the said appeal. 4.2 From the above facts, we find that as per the resolution plan approved by the NCLT and in the light of Hon'ble Supreme Court judgment in the case of Ghanashyam Mishra & Sons Pvt. Ltd.-20....