TaxTMI 
TaxTMI 
2026 (3) TMI 839
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....AT credit availed allegedly irregularly during the period from 17.03.2012 to 31.03.2015. However, during pendency of the present appeal, insolvency proceedings were initiated against the original Appellant under Section 9 of the Insolvency & Bankruptcy Code (IBC), 2016 by one of the operational creditor M/s Thirumala Logistics and the Department filed their claim in relation to the impugned order on 24.09.2021. After due process, M/s Jindal Saw Ltd (JSL) (herein after referred as Appellant) was the successful resolution applicant and was approved by NCLT vide order dated 31.03.2023. Admitted claims were settled @ 38.48%. Accordingly, in addition to the amount deposited prior to show cause notice and pre-deposit, total duty demanded as per t....
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....it was found that the assessee had, on their own volition calculated, availed & utilised credit on that portion of the Customs Education Cess and Customs SHE Cess which relates to the CVD component. In other words, the assessee had availed credit of a portion of Customs Education Cess and Customs SHE Cess, relatable to the value of CVD reckoned while calculating the said Customs Ed. & Customs SHE cess. Thus, these credits have been availed by mis-representing them as Education Cess and SHE Cess on the CVD. The amount of credit of portion of Customs Cess relating to the CVD component which has been availed and utilized works out to Rs.34,29, 103/- (Customs Education Cess Rs.22,86,068/- & Customs SHE Cess Rs. 11,43,035/-) during the period fr....
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.... Bangalore - 2024 (12) TMI 1362 Instructions issued by the Central Board of Excise & Customs [CBEC] dated 24.12.2008 B. Customs v. Prashray Overseas Pvt. Ltd., reported in 2016 (338) ELT 44 (Mad.) C. Venus Wire Industries Pvt. Limited V. Commissioner of central Excuse reported in (2022) 1 Centax 9 (Tri.-Bombay) D. Central Excise v. Nirmala Dyechem reported in 2007 (207) ELT 161 (S.C.). E. Sunshine Steel Industries v. Commissioner of CGST reported in 2023 (1) TMI 638 - CESTAT, New Delhi F. M/s. Delta Power Solutions India Pvt. Limited v. CCE reported in 2021 (11) TMI 174-CESTAT New Delhi G. Pushpam Pharmaceuticals Company vs. Collector of Central Excise, Bombay [1995 (78) E.L.T. 401 (SC) ....
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....the CESTAT Procedure Rules, 1982, with effect from the date of the approval of the resolution plan by the NCLT. 5.2 Since the appeals have abated the miscellaneous application filed by the applicant/appellant does not survive." 5. The Learned Counsel further draws our attention to the judgment of the Hon'ble Supreme Court in the matter of M/s Fourth Dimensions Solutions Vs Ricoh India Ltd in C.A No. 598/2021 dated 21.01.2022, where it is held that; "In our opinion, it was sufficient for the NCLAT to dispose of the appeal before it by restating factual position noted while submitted for approval the considering the Plan Committee of before Creditors. In paragraph 48 of the impugned judgment, the NCLAT has noted thus: ....
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....orate Debtor". Thus, the issue regarding penalty can be considered on merit by this Tribunal. Learned AR further submits that since the NCLT approved total demand including the demand confirmed by invoking the extended period of limitation, the appellant is liable to pay interest and penalty as imposed by Adjudication Authority and such claims have to be included in the contingent claim. 7. Heard both sides and perused the records. 8. We find that during pendency of the proceedings the respondent had filed the claim of Rs. 2,84,75,081/- before the liquidator including Central Excise Duty payable of Rs. 16,10,892/- (by excluding the amount of Rs.1,88,58,376/- and Rs.61,55,070/- paid during investigation which was appropriated as per th....