2022 (11) TMI 289

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....l Company Law Tribunal (hereinafter referred to as "NCLT) vide its order dated 3.7.2019 and some of the paragraphs of the said order were clarified by learned NCLT vide its order dated 22.7.2019 and appeal against the said order of NCLT was dismissed by the learned National Company Law Appellate Tribunal ("NCLAT") vide order dated 24.1.2020 by upholding the order dated 22.7.2019 of learned NCLT. He therefore submits that in view of the above no demand in the present case survive and also prayed for refund of pre-deposit of the amount. Per contra learned Authorised Representative appearing for Revenue submits that in view of the Final order No. A/85194/2022 dated 9.3.2022 of this Tribunal in appellant's own case i.e. Excise Appeal No.1256 of....

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....the learned NCLT vide its order dated 22.7.2019. The relevant paragraphs of the order dated 22.7.2019 of the learned NCLT is reproduced below:- "xxx xxx xxx 93. The Resolution Applicant has sought extinguishment of all claims. However, it is clarified that only crystallised liabilities of the Corporate Debtor shall stand extinguished on the approval of this resolution plan. All claims that were either not filed or not admitted during CIRP in terms of the provisions of the insolvency and bankruptcy code, 2016 shall stand extinguished. Further, the claims admitted/verified by the Resolution Professional shall stand settled and extinguished as per the Resolution Plan. 94. The Resolution Applicant has sought extinguishment of all claims a....

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.... Commissioner, CGST & Central Excise, Division - Chandrapur, who was concerned with, also vide his letter dated 28.09.2017 made his claim before the Resolution Professional in respect of the confirmed demands which are annexed at Annexure A to the letter of the Deputy Commissioner. All these demands were taken into consideration while approving the Resolution Plan. This Resolution Plan has been approved by the NCLT vide its order dated 03.07.2019 & 22.07.2019 and the appeal filed against the order of NCLT was dismissed by the National Company Law Appellate Tribunal (NCLAT) vide its order dated 24.01.2020. This order of NCLAT has been accepted by the Revenue as is evident from the letter dated 25.01.2021 of the Superintendent (Legal), CGST &....

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....tion as follows: 5.1 The appeals filed abate as per the Rule 22 of the CESTAT Procedure Rules, 1982, with effect from the date of the approval of the resolution plan by the NCLT." 6. Learned counsel for the appellant placed reliance on the decision of a co-ordinate Bench of the Tribunal in the matter of Final Order No. A/11268/2022 in Customs Appeal No. 45 of 2012; M/s. Ultratech Nathdwara Cement Ltd. vs. CC, Jamnagar (Prev) in which it has been held that although in such cases appeal has become infructuous but Rule 22 cannot be said to be applicable on such cases. But in my considered view the decision of this very Tribunal in appellant's own case (supra) on similar facts has the binding effect since as per the records available, the sa....