2022 (10) TMI 380 - AT - Service Tax

Maintainability of appeal - HELD THAT - Since the appellant case has been settled under NCLT and it is already decided in JAIHIND PROJECTS LIMITED VERSUS C.S. T-SERVICE TAX-AHMEDABAD. 2022 (3) TMI 1431 - CESTAT AHMEDABAD where it was held that there is no dispute that the approved resolution plan by the committee of secured creditors has been accepted by the NCLT in its order dated 19 th March, 2020 and same was upheld by the NCLAT, Delhi, vide order dated 23.12.2020, and the appeal dismissed as infructuous. Since, on the basis of the NCLT order the appeal was dismissed as infructuous, following the same, the present appeal is also dismissed as infructuous.

Summary

Issues:
Settlement under NCLT, Disposal of appeal, Infructuous appeal, Liberty to approach Tribunal

Settlement under NCLT:
The appellant's counsel submitted that the NCLT proceedings had been initiated, and the resolution plans approved by the committee of creditors were confirmed by the NCLT. The NCLAT upheld the NCLT's order. The appellant relied on various judgments to support the case. The appellant requested that the appeal be abated due to the settled position.

Disposal of Appeal:
The Tribunal had previously disposed of the appeal of the same appellant based on an NCLT order. The Additional Commissioner representing the Revenue acknowledged that the appeal had been disposed of earlier. The Tribunal considered the submissions from both sides and noted that the approved resolution plan by the committee of secured creditors had been accepted by the NCLT and upheld by the NCLAT.

Infructuous Appeal:
Considering the settled nature of the appellant's case under NCLT and the previous dismissal of the appeal on similar grounds, the Tribunal concluded that the present appeal had become infructuous. As a result, the appeal was dismissed as infructuous. Both parties were granted liberty to approach the Tribunal in case of any grievances.

Liberty to Approach Tribunal:
The Tribunal granted both parties the liberty to approach the Tribunal if they had any grievances despite the dismissal of the appeal as infructuous. The order was dictated and pronounced in the open court, maintaining procedural transparency and adherence to legal formalities.