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TMI Blog2024 (1) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... COMMISSIONER OF CENTRAL TAX PUDUCHERRY - GST, ANDHRA PRADESH [ 2023 (10) TMI 1344 - CESTAT HYDERABAD] . It is pertinent to refer the findings of the CESTAT, Mumbai Bench in the case of M/s Jet Airways Limited which was disposed of and it was ordered that the appeals stand abated once the Resolution Plan has been approved by NCLT and the CESTAT has become functus officio in the matters relating to this appeal. Once the Resolution Plan has been approved by the NCLT, thereafter, the present appeal stands abated as the CESTAT has become functus officio in the matter relating to the present appeal. Appeal disposed off. - MR. S. S. GARG, MEMBER (JUDICIAL) AND MR. P. ANJANI KUMAR, MEMBER (TECHNICAL) Shri Mohinder Nain, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oval of the committee of creditors. The Resolution Plan submitted before NCLT Mumbai was approved by NCLT vide its order dated 31.03.2023 and the Resolution Plan became effective from this date i.e. 31.03.2023. 4. Ld. Counsel appearing for the appellant submits that in the Resolution Plan, there has not been any provision made with regard to the pendency of this case. 5. On the other hand, the Ld. Authorized Representative for the Revenue also accepted the fact that the Resolution Plan has been approved and in the Resolution Plan, nothing has been provided with regard to the present case. 6. After considering the submissions of both the parties and perusal of the Resolution Plan, we find that the identical matter has been considere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s I B Code )? (ii) As to whether the amendment to Section 31 by Section 7 of Act 26 of 2019 is clarificatory / declaratory or substantive in nature? (iii) As to whether after approval of resolution plan by the Adjudicating Authority a creditor including the Central Government, State Government or any local authority is entitled to initiate any proceedings for recovery of any of the dues from the Corporate Debtor, which are not a part of the Resolution Plan approved by the adjudicating authority? ..... CONCLUSION 95. In the result, we answer the questions framed by us as under: (i) That once a resolution plan is duly approved by the Adjudicating Authority under subsection (1) of Section 31, the claims as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and resolution process has been initiated. Once the Resolution plan is approved by NCLT, no demands can be raised on the Resolution Applicant. The relevant paragraph of said instructions is extracted below: C.B.I. C. Circular No. 1083/04/2022-CX.9 F. No. 296/286/2021-CX. 9 Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes Customs, New Delhi Dated 23.05.2022 To All Principal Chief Commissioner(s)/ Chief Commissioner(s) of Customs/ Customs (Preventive)/ Customs CGST, All Principal Chief Commissioner(s)/ Chief Commissioner(s) of CGST, Webmaster: [email protected] Madam/Sir, Subject: Standard Operating Procedure (SOP) for NCLT cases in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is extracted as follows: 14. Admittedly, the claim in respect of the demand which is the subject matter of the present proceedings was not lodged by the respondent No. 2 after public announcements were issued under Sections 13 and 15 of the IBC. As such, on the date on which the Resolution Plan was approved by the Learned NCLT, all claims stood frozen, and no claim, which is not a part of the Resolution Plan, would survive. 15. In that view of the matter, the appeals deserve to be allowed only on this ground. It is held that the claim of the respondent, which is not part of the Resolution Plan, does not survive. The amount deposited by the appellant at the time of admission of the appeals along with interest accrued thereon is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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