Case Law Details
Ultratech Nathdwara Cement Limited Vs C.C. Jamnagar (Prev) (CESTAT Ahmedabad)
CESTAT observed that IBC proceedings are being initiated against many companies who are either appellant or respondent in the appeals pending before this tribunal. We observed that the revenue-department has no proper guideline as to what stand is to be taken in a case where the IBC proceedings is in progress before NCLT/NCLAT or at higher forum. The assessee against whom the IBC proceedings are initiated invariably approach this tribunal through miscellaneous application for disposing of the appeals in the light of the NCLT’s orders. However, in the absence of any guideline by the CBIC, the departmental representative are unaware as to what stand is to be taken in such cases. Therefore, we are of the view that the Central Board of Indirect Taxes & Customs may consider issuing guideline/procedure for dealing with the case before this tribunal wherein, against the assesse’s company IBC proceeding has been initiated. Copy of this order be sent to the Chairman-CBIC by speed post.
FULL TEXT OF THE CESTAT AHMEDABAD ORDER
The applicant filed the present miscellaneous application in view of the NCLT order dated 14.11.2018.
02. Shri Gaurav Mathur and Shri Abhishek Shah, Advocates appeared on behalf of the applicant. Shri Gaurav Mathur submits that as per the resolution plan approved by NCLT, no dues exists against the applicant therefore, the demand involved in the impugned order is not recoverable by the department consequently, the appeal becomes infructuous.
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