TaxTMI 
TaxTMI 
2022 (12) TMI 730
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....he 'National Company Law Tribunal, Kolkata Bench (hereinafter referred as to 'the Adjudicating Authority') in IA (IB) No. 600/KB/2020 in CP(IB) No. 503/KB/2018. 2. The Appellant /Commissioner of Custom and Excise, Jaipur -I now known as Principal Commissioner Central Goods and Service Tax Jaipur has prayed for setting aside the impugned order dated 12.08.2020 passed by the Adjudicating Authority as also non-provisioning for outstanding statutory dues of the Corporate Debtor (CD) amounting to Rs.2,88,53,538/-plus interest at applicable rate in the Resolution Plan etc. 3. The CD/Ashika Commercial Pvt. Ltd had failed to pay excise duty on manufactured goods in respect of which Cenvat Credit had been availed by the CD and which had been rejected and returned by the buyer. 4. The ld. Counsel for the Appellant has stated that under the Central Excise Act, 1944, Central Excise Rules, 2002 and the Cenvat Credit Rules, 2004, a manufacturer of excisable goods is entitled to seek Cenvat Credit on inputs used in the manufacturing of certain goods manufactured and supplied by such manufacturer. However, in cases where such goods are rejected or returned by the buyer and are disposed wi....
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....was appointed as Resolution Professional (RP) in the first Committee of Creditors (CoC) meeting. The Ld. Counsel has also stated that the RP invited Expression of Interest (EoI) and received four EoI from the Resolution Applicant. The CoC by 100% vote approved the Resolution Plan submitted by Mr. Sanwarmal Jain and the same was approved by the Adjudicating Authority vide impugned order dated 12.08.2020. 6. It was also stated by the Ld. Counsel that in a hearing before ld. Commissioner (Appeals) on 12.08.2020, the RP of the CD didn't mention that Resolution Plan has been approved by the Adjudicating Authority. Similarly, in earlier appearances also before the Departmental Officer, the RP didn't provide any information regarding CIRP. 7. What has been accepted by the Ld. Counsel of the appellant that they have not filed the claim when it was invited by the RP and accordingly, there is no provision of statutory dues of Rs.2,88,53,538/- plus interest anywhere in the resolution plan and non-provision of statutory debt is a loss to the public exchequer and hence they have filed the appeal against the impugned order approving the Resolution Plan. 8. The ld. Counsel for the Respon....
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....nt has not complied with the provisions of Section 13 & 15 of the Code. b. At this belated stage no fund is available out of the kitty of the Resolution Plan which can be earmarked to the Appellant as informed by the RP and the Resolution Applicant also. Both Resolution Applicant and RP has confirmed implementation of the plan and nothing remains to be adjudicated. c. It is very much clear that Section 238 of the Code provides very clearly that provisions of this Code to override other laws as also section 14 of the Code provides for moratorium during CIRP. d. We are not in a position even to accede to the request of the Appellant based on Hon'ble Apex Court Judgment in Civil Appeal No. 1661 of 2020 with Civil Appeal No. 2568 of 2020 State Tax Officer (1) Vs. Rainbow Papers Limited 2022 Livelaw (SC)743 para 4-10. Even this Judgment has elaborately dealt with the filing of claims and submission of proof etc. However, in this case the property of the CD was attached by the Sales Tax Department prior to initiation of CIRP and as also in this case Sales Tax Department had already filed a claim before the RP in the requisite format. Para 4-10 as stated supra i....
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....held at para 102.1: "102. In the result, we answer the questions framed by us as under: 102.1 That once a resolution plan is duly approved by the Adjudicating Authority under sub section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders. On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan 102.2. 2019 amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I&B Code has come into effect; 102.3Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in res....