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TMI Blog2024 (6) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... 2023 - Central Excise - Abatement of appeal - whether the Appeals continue after initiation of Corporate Insolvency Resolution Process (CIRP) and Order approving the Resolution plan passed/approved by the Learned NCLT under Insolvency and Bankruptcy Code, 2016? - HELD THAT:- The Mumbai bench of this Tribunal in the case of M/S. ALOK INDUSTRIES LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, BELAPUR AND COMMISSIONER OF CEN. EXCISE, MUMBAI CENTRAL [ 2022 (10) TMI 801 - CESTAT MUMBAI] the Learned Advocate for the appellant observed that Rule 22 should be applicable the moment the successor interest with sufficient rights is appointed by NCLT to make an application for continuation of the proceeding. The Hon ble Supreme Court and High Courts in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E/20960/2016 20-22/2016 dt. 18/03/2016 - 50,91,721/- 3 E/20961/2016 20-22/2016 dt. 18/03/2016 - 50,91,721/- 4 E/20962/2016 20-22/2016 dt.18/03/2016 - 50,91,721/- 5 E/21176/2016 20-22/2016 dt.18/03/2016 1,01,83,443/- 1,01,83,443/- 6 E/21259/2016 20-22/2016 dt.18/03/2016 1,01,83,443/- 1,01,83,443/- 7 E/21260/2016 20-22/2016 dt.18/03/2016 1,01,83,443/- 1,01,83,443/- 2. Briefly stated the issue involved in these cases is payment of central excise duty utilizing cenvat credit, where there was a default of monthly payments, hence the Department has invoked the provisions of Rule 8(3A) of Central Excise Rules, 2002 read with Section 11A of Central Excise Act, 1944. In the appeal at Sl. No (1) above, the central excise duty amounts paid utilizing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 9 of the Insolvency and Bankruptcy Code 2016, before the Hon ble National Company Law Tribunal (NCLT), Bangalore Bench. The Hon ble NCLT vide Order dated 02.03.2020 admitted the petition and appointed qualified Resolution Professional (RP) in respect of the appellants to carry out the CIRP as per I B Code, 2016. The Hon ble NCLT has declared moratorium prohibiting various actions against the appellant during this period. On 21.08.2020, the Committee of Creditors agreed with the resolution plan submitted by the Resolution Professional for revival of the appellant company. Hon ble NCLT vide Order dated 21.09.2020 exercising the powers under section 31(1) of the I B Code, 2016 approved the resolution plan. The appellant submits that the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following case-laws:- 1) M/s MC Nally Sayaji Engineering Limited Vs. CCGST, Bolpur 2023 (4) TMI 1076 CESTAT KOLKATA 2) CCE ST, Surat-II Vs. Arcelor Mittal Nippon Steel India Ltd 2023 (2) TMI 231 CESTAT AHMEDABAD 3) M/s Jet Airways India Ltd Vs. CST, Mumbai-V 2023 (5) TMI 767 CESTAT MUMBAI 4) M/s Bhushan Power Steel Ltd Vs. CCE, Kolkata-IV 2023 (5) TMI 184 CESTAT KOLKATA 5) M/s Alok Industries Ltd Vs. CCE, Belapur Mumbai 2022 (10) TMI 801 CESTAT MUMBAI 6) M/s Murli Industries Ltd Vs. CCE, Nagpur 2022 (11) TMI 289 CESTAT MUMBAI 5. Heard both sides and perused the records. 6. The short question involved in present appeals is: whether the Appeals continue after initiation of Corporate Insolvency Resolution Process (CIRP) and Order approving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as it may deem fit. 9. The Mumbai bench of this Tribunal in the case of M/s Alok Industries Ltd s case (supra) analysed in detail Rule 22 of CESTAT (Procedure) Rules, 1982 and the case laws on the issue including those cited by the Learned Advocate for the appellant observed that aforesaid Rule 22 should be applicable the moment the successor interest with sufficient rights is appointed by NCLT to make an application for continuation of the proceeding. It is observed as: 4.4 . Learned advocate has labored to explain why this rule should not be made applicable in his case. However, in view of the fact as stated in the para 4.2 and 4.3 above we are of the view that moment the successor interest with sufficient rights to be represented is appo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n? Further issue of refund is any case not the issue raised in appeal it is for the applicant to approach the relevant authorities in the matter. -------------- 5.1 . The appeals filed abate as per the Rule 22 of the CESTAT Procedure Rules, 1982, with effect from the date of the approval of the resolution plan by the NCLT. 5.2. Since the appeals have abated the miscellaneous application filed by the applicant/appellant does not survive. 10. Similar view has been expressed by other Benches of this Tribunal in the cases cited by the learned Authorised Representative AR for the Revenue i.e.(i) M/s MC Nally Sayaji Engineering Limited Vs. CCGST, Bolpur 2023 (4) TMI 1076 CESTAT KOLKATA;(ii) CCE ST, Surat-II Vs. Arcelormittal Nippon Steel India Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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