9911796707
TMI Blog2025 (2) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... chy 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Ld. Liquidator, it is ascertained that: - i. The Appellant M/s. Veesons Energy Systems Private Limited was brought under CIRP by Hon'ble NCLT vide Order dated 19.06.2017 in CP/510/IB/ CB/2017, and he was appointed as Resolution professional vide Order dated 28.07.2017 in CA/5/2017. Subsequently, he was appointed as the Liquidator vide order dated 19.03.2018 in CA/61/IB/2017 by Hon'ble NCLT, Chennai. ii. During the period of liquidation, so far, all the assets of the Corporate Debtor, have already been sold and part of the sale proceeds were distributed as per the Liquidation process Regulations and the Code and as per the Orders of the Hon'ble NCLT and balance of the sale proceeds are under dispute in various pending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The demand was charged under non-compliance of GTA for transaction with M/s. Gaerish Logistics P Ltd. iii. M/s. Gaerish Logistics P Ltd. is a C & F agent only. They collected taxable and non-taxable receipts from Appellants. Nontaxable transactions were Ocean freight charges; GDL container freight charges; Container transportation charges; & additional transport weighment charges. iv. The above GTA services are exempted under Notification No. 18 / 2009-ST dated 07.07.2009 for exporters. v. M/s. Veesons, the Appellant had filed relevant returns of EXP I & II belatedly in Jan 2012. (for the period of Jan 2011 to Oct 2011) vi. The Ld. Adjudicating Authority demanded tax of Rs.1,74,515/- along with penalty and interest vide his Order-i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority 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?" In Para 95 of the said order, the above question was answered as given below: - "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 provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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