Commissioner of GST & Central Excise Vs Hindustan National Glass & Industries Ltd. (CESTAT Chennai)
In the present matter, the respondent-assessee produced a copy of the NCLT order dated 14.08.2025 accepting the Resolution Plan. The records showed that the NCLT had allowed the application of the Resolution Professional and ordered liquidation of the corporate debtor. In view of this development, the Tribunal held that the Revenue’s service tax appeal could not survive and stood abated. The decision was based on the judgment of the Supreme Court in Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. & Ors. dated 13.04.2021. The Tribunal noted that various CESTAT benches, including the Chennai Bench, have consistently followed this principle where a Resolution Plan has been accepted by the NCLT. Reference was also made to earlier decisions of the Chennai and Mumbai Benches. Respectfully following the established ratio, the Tribunal held that the present appeal filed by the Revenue stood abated and disposed of the matter accordingly.
FULL TEXT OF THE CESTAT CHENNAI ORDER
Shri J. Krishna Kumar, Ld. Chartered Accountant appears for Respondent-Assessee and files a copy of NCLT Order dt. 14.08.2025 thereby NCLT has accepted the Resolution Plan.
2. We find from the records that the NCLT had allowed the application of the Resolution Professional and ordered liquidation of the Company/Corporate Debtor. Hence, the present Appeal filed by Revenue cannot survive as the same stand abated, in view of the decision of the Hon’ble Apex Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. & Ors. (Civil Appeal No.8129 of 2019) vide judgement dated 13.04.2021.
