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TMI Blog2024 (10) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... eputy Commissioner of GST and Central Excise, Trichy and also as no application as per Rule 22 has been made by the Official Liquidator appointed by the NCLT for continuance of the appeal, the appeal should abate in terms of the above referred Rule. As such the appeal gets abated in terms of Rule 22 of the CESTAT (Procedure) Rules, 1982 and also gets dismissed being infructuous. - HON BLE MR. P. DINESHA , MEMBER ( JUDICIAL ) And HON BLE MR. VASA SESHAGIRI RAO , MEMBER ( TECHNICAL ) For the Appellants : Mr. R. Raghavendran, Chartered Accountant For the Respondent : Mr. M. Selvakumar, Authorised Representative ORDER Order :- Per Mr. VASA SESHAGIRI RAO Excise Appeal No. E/41706/2015 has been filed by M/s. Veesons Energy Systems Pvt. Ltd., Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Coimbatore. 4. Further, the Ld. Advocate Shri S. Durairaj has submitted that the appellant came under liquidation in terms of the orders of National Company Law Tribunal (NCLT) vide order dated 19.03.2018. On issuance of the notice, the Ld. Chartered Accountant Shri R. Raghavendran, the Liquidator appointed by the NCLT appeared before the Tribunal on 26.09.2024 and has submitted that :- i. M/s. Veesons Energy Systems Pvt. Ltd. was brought under Liquidation by Hon ble NCLT vide its Order dated 19.03.2018 and the same was communicated vide Letter dated 05.04.2018 to the Central Excise Authorities. ii. In response to the intimation, the Liquidator received two claims in Form C dated 12.04.2018 for Rs.2,01,23,903/- (one Form for Rs.1,56,18,879/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6/2015 for the year 2011-2012 2012-2013 was part of the above claim filed by the Central Excise Department which was admitted by the Liquidator. 8. He has further stated that as per the Liquidation Process Regulations, Liquidator shall distribute the sale proceeds as per waterfall mechanism prescribed under Section 53 of the IBC. He has also submitted that the appeal may please be disposed off as closed. 9. Thus, it is evident that the appellant came under Liquidation and also the demanded amount in this appeal has already been claimed by the Department by filing the claim with the Liquidator. As such, the proceedings pending in this appeal have become infructuous. 10. We have noted that the Hon ble Apex Court in the case of Ghanshyam Mishr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. At this juncture, it is also expedient to refer to Rule 22 of the Customs, Excise, Service Tax Appellate Tribunal (Procedure) Rules, 1982 which reads as follows: - RULE 22. Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or application. Where in any proceedings the appellant or applicant or a respondent dies or is adjudicated as an insolvent or in the case of a company, is being wound up, the appeal or application shall abate, unless an application is made for continuance of such proceedings by or against the successor-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the appellant or applicant or respondent, as the case may be : Provided that e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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