2026 (9) TMI 186

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....ial) For the Appellant : Shri Ramanath Prabhu, Advocate and Mrs. Dimple Gohil, Advocate For the Respondent : Smt Sunita Menon, Superintendent (AR) ORDER DR. AJAYA KRISHNA VISHVESHA : I have heard the learned Counsel for the appellant Shri Ramanath Prabhu and the learned AR for the department. 1.1 The learned Counsel for the appellant submitted that the appellant is engaged in the....

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....y the said Order-in-Original and rejected the appeal. Being aggrieved, the appeal has been filed before this Tribunal. 2. The learned Counsel for the appellant submitted that in terms of Section 31(1) of the Insolvency and Bankruptcy Code-2016, the Resolution Plan dated 08.03.2019 has been accepted on 8th March, 2019. The Resolution Plan is binding on the Central Government to whom a debt in re....

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....as also been reiterated by the department in Instruction No. 1083/04/2022-CX9 dated 23.05.2022. 2.2 The learned Counsel for the appellant has also submitted that in GGS Infrastructure Pvt Ltd vs. Commissioner reported at 2021 (51) GSTL 187 (Bombay) Hon'ble Bombay High Court has held that any payment in relation to a company which has undergone IBC proceeding shall be in accordance with the Reso....

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....unt deposited as pre-deposit for the appeal would be refunded back. The demand confirmed vide the Order-in-Appeal for the period 2014-15 to June-2017 prior to the closing date should be discharged and settled as per Resolution Plan. 3. The learned AR was asked by the Bench to check up the position as to whether any claim was made by the department. In response, the AR has submitted that no clai....