2023 (10) TMI 899

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....ath Prabhu & Ms. Dimple Gohil , Advocates for the Appellant Shri. R R Kurup, Superintendent ( Authorized Representative ) for the Respondent ORDER RAJU This appeal has been filed by M/s. Arcelor Mittal Nipon Steel India Limited., against confiscation of certain goods and imposition of redemption fine and penalty under Section 112(a) of the Customs Act. 2. The appellants were earlier....

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.... Code, 2016 (IBC). The resolution plan dated 23.10.2018, filed by Arclo Mittal India Private Limited was approved by National Company Law Tribunal (NCLT) vide order dated 08.03.2019. The said decision of the NCLT was upheld by Hon'ble Apex Court as reported in Committee of Creditors of Essar Steel India Ltd., Vs. Satish Kumar Gupta & Ors. dated 15.11.2019 (2020 (8) SCC 531). In the said order all ....

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....used the record. We find that resolution plan has been approved by NCLT vide order dated 08.03.2019 according to which any government dues as on date of the NCLT order stand extinguished. In this position, we are of the view that the present appeal is liable to be disposed of as infructuous." 3.3 Learned Counsel sought similar relief in the instant case as well. 4. Learned AR relied on the i....

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....Appeals), and the Commissioner (Appeals) reduced the redemption fine from 16.5 to 5 Lakhs, and penalty from Rs. 3.5 Lakh to Rs. 1 Lakhs. 5.1 We find that in a similar situation in appellants own case, Tribunal vide Final Order No. A/11549/2023 has observed as follows: "We have carefully considered the submissions made by both sides and perused the record. We find that resolution plan h....