2024 (6) TMI 905

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.... 2016 - Final Order Nos. 21318-21324/2023<br>Central Excise<br>DR. D. M. MISRA, MEMBER (JUDICIAL) AND MR. PULLELA NAGESWARA RAO, MEMBER (TECHNICAL) Mr. Cheriyan Punnoose, Advocate for the Appellant/Respondent Mr. H. Jayathirtha (AR) for the Respondent/Appellant ORDER M/s. V3 Engineers, appellant have filed the following 4(four) appeals against the Order-in-Original No. 20/2012 dated 05.10.2012 passed by the Commissioner of Central Excise, Bangalore-III and Orders-in-Appeal 20-22/2016 dated 18.03.2016 passed by Commissioner of Central Excise (Appeals-I). Revenue has filed three appeals against the Orders-in-Appeal No. 20-22/2015-/CE dated 18.03.2016. Since the issue involved in all the seven appeals is similar, they are taken up ....

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....ty through cenvat credit even though the show-cause notice has invoked the provisions of Rule 8(3A) of the Central Excise Rules, 2002 and also dropped the demand of interest under Section 11AA of the Central Excise Act, 1944. However, he has confirmed the imposition of penalty under Rule 25 of the Central Excise Rules, 2002. The appellant has filed these 3(three) appeals assailing the imposition of penalty under Rule 25 of Central Excise Rules, 2002. In respect of appeals at Sl. Nos. (5), (6) & (7) above, the Department is in appeal against the order of Commissioner (Appeals) allowing the utilization of cenvat credit for payment of central excise duty even though there was a default in monthly payments of central excise duty attracting the ....

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....provisions of I&B Code, 2016 will have an overriding effect in terms of Section 238 of the I&B Code, 2016. Therefore, the order passed by the NCLT approving the resolution plan will be final and binding on the Government. Hence the present appeals as well as the demand proceedings do not survive and consequently the same abate. In this regard the appellant cited the following case-laws: a. Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. - 2021 (4) TMI 613 - SC b. UOI and others Vs. M/s. Ruchi Soya Industries Ltd. - 2022 (380) ELT 8 (SC). c. Ultra Tech Nathdwara Cement Ltd. Vs. Union of India - 2020 (37) G.S.T.L. 289 (Raj.) In view of the above submissions, the appellant has ....

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....er dated 02.03.2020 admitting the petition appointed the Interim Resolution Professional (IRP) in the case. The Resolution Plan has been approved by the Hon'ble NCLT vide Order dated 20.09.2020. 8. The relevant provision under the CESTAT (Procedure) Rules, 1982 prescribed at Rule 22 reads as under: "RULE 22. Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or application. - Where in any proceedings the appellant or applicant or a respondent dies or is adjudicated as an insolvent or in the case of a company, is being wound up, the appeal or application shall abate, unless an application is made for continuance of such proceedings by or against the successor-in-interest, the ....

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....e proceedings and hence the appeal stands abated by the operation of this rule. 4.5............................ 4.6. There is no dispute to the binding nature of the resolution plan as approved by the NCLT. It has been settled by the Hon'ble Apex Court in the cases referred to by the learned counsel for the applicant. 4.7----------------- 4.8. However, from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become functus officio in the matters relating to this appeal. Further it is also settled that the impugned orders in the appeals have got merged in the order of the NCLT approving the Resolution Plan. The decision of the Hon'ble Bombay ....