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TMI Blog2022 (12) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... kash, Assistant Commissioner (AR) for the Respondent ORDER 01 In these appeals, Shri. Anil Gidwani, learned Counsel submitted an NCLT order dated 06.08.2019 whereby the appellant Company has been liquidated. The NCLT's operating order is reproduced below:- (i) Corporate Debtor M/s Varrsana Ispat Limited having CIN: U99999WB2000PLC124804, and having its registered office at Everest House, 46-C, Chowringee Road, 15th Floor, R.N. 15 B, Kolkata, in the state of West Bengal is ordered to be liquidated. (ii) Mr. Anil Goel of AAA Insolvency Professionals LLP, B-143-144, Lajpat Nagar-1, New Delhi-110024, email id: [email protected] having Registration No.IBBI/IPA-001/1PP00118/ 2017-18/10253 is appointed as the liquidator. (iii) Liquidat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15(1) within 15 days after the end of the quarter in which he is appointed. (ix) The fee payable to the Liquidator shall form part of the liquidation cost as provided under Reg. 4(1) of the IBBI (Liquidation Process) Regulations, 2016. (x) The free copy of this order is to be sent to the RP/Liquidator, Financial Creditor Corporate Debtor by Speed Post as well as by email for information and for taking necessary steps. (xi) Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities. 1.1 In view of the above order of liquidation the revenue has to review its decision for recovery of the dues in the light of the above referred NCLT order dated 06.08.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the Contingent Liabilities) shall have recourse against the Corporate Debtor for any other amount and the Corporate Debtor shall be absolved of its obligations towards all the creditors; 6.5.2.9 pursuant to the discharge and payment of the Resolution Amount as per the terms herein, all obligations, promises or commitments made or guarantee given by, or on behalf of the Corporate Debtor whatsoever, (whether oral or written) for the payment of any amount or incurring of any liability or assumption of any liability/obligation or claim against the assets of the Corporate Debtor (whether known or unknown, liquidated or unliquidated, contingent or otherwise) shall stand extinguished, released and discharged, without any further ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority and if required, the Resolution Plan to place on record such withdrawal of the relevant Litigations. It is clarified that the Contingent Liabilities including Liabilities in respect of the said Litigations will be NIL and there shall be no recourse against the Corporate Debtor or the Resolution Applicant in respect of the same; From the above terms of the resolution plan approved by the NCLT, it prima facie appears that the appellant is not liable to pay any dues. However, this tribunal is not competent to decide regarding the recovery of any dues. It is the department who has to decide whether any dues is recoverable or otherwise, in the light of the resolution plan approved by the NCLT. As regard the submission made by learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts wound up. 4.1 We also find that from the record and submissions of the learned AR, it is not on record that whether the respondent has approached the NCLT and lodged its claim against adjudged dues in the impugned order and status thereof. For this reason also, this tribunal cannot conclude about the recovery of the adjudged dues. 4.2 From the above facts, we find that as per the resolution plan approved by the NCLT and in the light of Hon'ble Supreme Court judgment in the case of Ghanashyam Mishra & Sons Pvt. Ltd.-2021 SCC Online SC 313, it prima facie appears that the adjudged dues cannot be recovered by the department however, this issue has to be decided by the department and not by this tribunal. For this reason, that firstly, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of any guideline by the CBIC, the departmental representative are unaware as to what stand is to be taken in such cases. Therefore, we are of the view that the Central Board of Indirect Taxes & Customs may consider issuing guideline/procedure for dealing with the case before this tribunal wherein, against the assesse's company IBC proceeding has been initiated. Copy of this order be sent to the Chairman-CBIC by speed post." 1.2 In view of the above position and view taken by us in the above said decision of Ultratech Nathdwara (Supra), We are of the view that these appeals have become infructuous, therefore, we disposed of the appeals as infructuous without deciding any merit of the case. Aggrieved persons are given liberty to approach ..... X X X X Extracts X X X X X X X X Extracts X X X X
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