9911796707
TMI Blog2003 (12) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... Order per : P.G. Chacko, Member (J)]. This appeal is by M/s. Trimurtee Fertilizers Ltd. challenging the adjudicating authority s order confirming against them a demand of Central Excise duty of Rs. 92,86,307/- and imposing on them a penalty of equal amount. 2. Heard both the sides. A preliminary submission was made by the learned SDR. It was submitted that the appellant-company was being wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Appellate Authority for Industrial and Financial Reconstruction [AAIFR] in the appeal filed against the BIFR s order ibid. The BIFR recommended winding up of the company and the AAIFR dismissed the appeal against the said recommendation. Pursuant to the BIFR s recommendation, the Hon ble High Court passed order dated 24-11-99 in Misc. Company Application No. 2/99 taking the view that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d High Court, we note that the appellant-company is being wound up if not already wound up and, therefore, we are of the view that the appeal of the Company has abated in terms of Rule 22 of the CESTAT (Procedure) Rule, which reads as under : 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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