9911796707
TMI Blog2023 (4) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... available for filing of claims. However, it has been observed that there is an inordinate delay in filing of claims by Customs and GST authorities. This leads to their claims not being admitted and extinguished once a resolution plan is approved. It is also observed that the authorities then litigate on the rejection of each claims, despite the settled position that no claims can be raised once the plan is approved and no demands can be raised on the Resolution Application who has taken over the company through such a resolution plan. It is found that from the date of approval of the Resolution Plan by the NCLT, the Appeal filed by the Appellant has abated and this Tribunal has become functus officio in the matters relating to this Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the Appellant Company has attained finality and the Resolution Plan stands approved vide an order dated 24th February 2023 of the Hon ble NCLT, Kolkata, in the case of ICICI Bank Limited, Financial Creditor Vs. Jitendera Lohia, Resolution Professional of McNally Sayaji Engineering Limited, Corporate Debtor [IA (IB) No. 1214/KB/2022 in CP (IB) No. 131/KB/2020]. The Ld. Advocate filed copy of claim Form dated 02.02.2022 filed by the Assistant Commissioner, Central GST Central Excise, Asansol-I Division, Asansol before the Resolution Professional in Form-B in the Annexures A B. The impugned order and the demand has also been included. 3. The Appellant most humbly submits that the CBIC has issued Standard Operating Procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. OIO issued 15.12.2007 4, OIA issued 22.04.2019 5. Appeal preferred 22.12.2020 6. CIRP proceedings initiated 11.02.2021 7. Date of public announcement 15.02.2021 8. Claim submission of the department 02.02.2022 9. Resolution plan floated 25.04.2022 10. Resolution plan approved by CoC 26.09.2022 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that in view of the Rule 22 of the CESTAT Procedure Rules, 1982 the appeal stood abated with effect from the date of approval of resolution plan by the Hon ble NCLT. 10. Further, the Appellant most humbly submits that the order of the Hon ble NCLT is binding on all stakeholders, which includes the Central Government. Therefore, no liability towards any operational creditors other than as approved in the resolution plan shall exist and any other liability shall be immediately, irrevocably and unconditionally stand fully and finally discharged and settled, with there being no further claims whatsoever. That such position stands settled by the decisions of the Hon ble Supreme Court in: a) Committee of Creditors of Esssar Steel Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date is available for filing of claims. However, it has been observed that there is an inordinate delay in filing of claims by Customs and GST authorities. This leads to their claims not being admitted and extinguished once a resolution plan is approved. It is also observed that the authorities then litigate on the rejection of each claims, despite the settled position that no claims can be raised once the plan is approved and no demands can be raised on the Resolution Application who has taken over the company through such a resolution plan. 15. We find that the Hon ble Supreme Court in the case of Ghanashyam Mishra Sons Pvt. Ltd. vs. Edelweiss ARC reported in (2021) 9 SCC 657 AT Para-102 of the judgement has categorically held as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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