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TMI Blog2024 (12) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... he parties. 2. Rule. The rule is made returnable immediately at the parties' request and with the consent of learned counsel. 3. The Petitioner challenges the order-in-original dated 29 April 2022 made by the 2nd Respondent confirming the demand of service tax, interest and levying of penalty upon the Petitioner. 4. Though the Petitioner has an alternate remedy, considering the peculiar facts of the present case and the order that we propose to make, the alternate remedy would not be efficacious. This is a case where a personal hearing was granted on 25 February 2021, and the impugned order was made on 29 April 2022. 5. In the interregnum, the NCLAT disposed of Petitioner's Appeal on 12 July 2021 and modified the crucial direction i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 20,34,25,239/- with interest as was demanded under the two show cause notices dated 18 October 2018 and 15 October 2019 issued to the Corporate Debtor. 10. On 07 June 2021, the NCLT approved the resolution plan submitted by the Petitioner and directed that the same would be effective from the date of the order. However, in Paragraph 95 (ii), the NCLT, inter alia, held that the approval of the resolution plan shall not be construed as waiver of any statutory obligations/liabilities of the Corporate Debtor and that shall be dealt by the appropriate authorities following law and any waiver sought in the resolution plan, shall be subject to approval by the authorities concerned in the light of the decision of the Hon'ble Supreme Court in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (I) Murli Industries Limited, through its Dy. Ex. Director Vs. Assistant Commissioner of Income Tax and others 2021 SCC Online Bom 6187 (II) Pr. Commissioner of Income Tax Vs. Monnet Ispat and Energy Limited 2018 (18) SCC 786. (III) Pashchimanchal Vidut Vitran Niagam Limited Vs Raman Ispat Private Limited and ors. 2023 SCC Online SC 842. (IV) Ruchi Soya Limited Vs Union of India 2022(6) SCC 343. 15. Accordingly, we quash and set aside the Impugned Order dated 29 April 2022 and remand the matter to the 2nd Respondent for a fresh decision following law and on its own merits. 16. The 2nd Respondent must give the Petitioner an opportunity of hearing, consider, inter alia, the NCLAT's order dated 12 July 2021 and the above refer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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