2023 (5) TMI 184

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....terest and penalty of Rs.76,95,753/- imposed in terms of Rule 25 of the Service Tax Rules. This is second round of litigation before the Tribunal. 2. The Ld.Advocate appearing on behalf of the Appellant submits that the Appellant has undergone the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 read with the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. He further submits that such process of insolvency initiated in respect of the Appellant Company has attained finality and the Resolution Plan stands approved vide an order dated 05.09.2019 of the Hon'ble NCLAT, New Delhi, in the case of Kalyani Transco Vs. Mahendra Kumar Khan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e closing date. 8. In the present case the demands relate to period prior to initiation of the Insolvency Proceedings and as the Resolution Plan stands finalized by the NCLAT New Delhi, no further demand can be raised against the Appellant. 9. The above submission of the Appellant is supported by the judgment of the Tribunal, Mumbai Bench in the case of Alok Industries Ltd., Vs. CCE, Belapur&Ors. [2022 (10) TMI 801 - CESTAT MUMBAI] wherein in light of final approval of the Resolution plan of the assessee, it was held that the orders impugned vide the appeal before the Tribunal stood merged in the order of the NCLT approving the resolution plan and the Tribunal has become functus officio and the appeal pending before the Tribunal stood ab....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (SOP) for NCLT cases. The said instructions at para-1 and 2 records as follows:- "Subject: Standard Operative Procedure (SOP) for NCLT cases in respect of the Insolvency and bankruptcy Code (IBC) - reg I am directed to inform the Insolvency and Bankruptcy Board of India has requested that role of GST and Customs authorities in certain key issues under the Insolvency and bankruptcy Code, 2016 needs to be formulated. Further, GST and Customs Authorities have been classified as operational creditors and are required to submit their claims against corporate debtors when the Corporate insolvency and resolution process is initi9ated and public announcement inviting claims is made by the insolvency professional. 2. A ti....