2025 (8) TMI 85

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....entral Excise Act, 1944, arising out of the Customs, Excise and Service Tax Appellate Tribunal's (CESTAT) order dated 11 December 2017. 3. Though several substantial questions of law have been proposed, Mr. Shyam Kapadia, the learned counsel for the Appellant, points out that by order dated 09 August 2024, the National Company Law Tribunal ("NCLT"), Mumbai, in Company Petition No. 315 of 2019, has approved the resolution plan submitted in respect of the Appellant Company. He has handed over a copy of this order dated 09 August 2024. 4. Mr. Kapadia now relies upon the decisions of the Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Private Limited Vs. Edelweiss Asset Reconstruction Company Limited (2021) 9 SCC 657 contends ....

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....aid ground by setting aside the CESTAT's impugned order?" 8. With the consent of the learned counsel for the parties, this Appeal is taken up for final disposal immediately. 9. In terms of Section 35G of the Central Excise Act, an Appeal shall lie to the High Court from every order passed in Appeal by the Appellate Tribunal on or after the 1st day of July 2003 (not being an order relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for the purposes of assessment), if the High Court is satisfied that the case involves the substantial question of law. 10. For a question to be involved as a substantial question of law, the same should have ordinarily ari....

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....t will also have the opportunity to appeal the Tribunal's order if they are dissatisfied with it. 14. At this stage, it would not be appropriate for us to decide this Appeal based on the subsequent development by shutting out an opportunity to the Respondent to deal with this subsequent development, if necessary, by placing any additional but relevant facts concerning this issue. 15. Accordingly, without going into the merits of the Tribunal's order, but by recognising that the subsequent development in the form of NCLT's order dated 09 August 2024 may have an impact upon the same, we set aside the Tribunal's impugned order and remand the matter to the Tribunal to consider the subsequent development. Such consideration would involve allow....