9911796707
TMI Blog2020 (2) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... /S National Plywood Industries Limited was confirmed and further a penalty of Rs. 1,82,67,581/- was imposed under Rule 173Q (1) of the Central Excise Rules, 1944. The said order dated 15.11.2019 has been assailed by stating that the petitioner has been held to be a corporate debtor as per the order dated 26.08.2019 of the National Company Law Tribunal, Guwahati and accordingly an order of moratorium had been passed under Section 13 of the Insolvency and Bankruptcy Code, 2016. 3. Mr. SC Keyal, learned ASGI refers to the paragraph 3.2 of the order of the Commissioner dated 15.11.2019 which is extracted as under: "3.2 I find that the Hon'ble National Company Law Tribunal, Guwahati Bench had passed the order dated 26.08.2019 in respect of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the order dated 26.08.2019, the National Company Law Tribunal has declared a moratorium under Section 14 (Section 13) of The Insolvency and Bankruptcy Code, 2016 against the corporate debtor in respect of execution of any judgment and decree or order of any court of law, tribunal, arbitration panel or other authority. Accordingly, in the order of the Commissioner a question was raised whether issuance of show cause notice by the GST authorities would mean to be an execution of an order or it be treated as decree against the petitioner. By raising such question, the objection that the further proceeding is not maintainable because of the order of moratorium of the National Company Law Tribunal was overruled. 6. Section 14 (1) of the Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thers, refers to institution of suits or continuation of pending suits or proceeding, which also includes execution of any judgment and decree or order of any court of law, tribunal, arbitration panel or other authority. The dominant provision of section 14-(1) (a) being institution of suits or continuation of pending suits or proceedings, it is not necessary that only the execution of judgment and decree or order of any court of law, tribunal, arbitration panel or other authority, is prohibited under Section 14 -(1) (a). The other provision as regards the institution of suits or continuation of the pending suits or proceedings being a provision of Section 14 -(1) (a), in a plain reading of Section 14- 1(a) would also have to be prohibited. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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