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2023 (10) TMI 899 - AT - CustomsConfiscation of certain goods - imposition of redemption fine - penalty under Section 112(a) of the Customs Act - liability and claims pertaining to (ESIL) after approval of the Resolution Plan - HELD THAT:- The original case was booked against (ESIL) Essar Steel India Ltd. During the pendency of this case (ESIL) Essar Steel India Ltd underwent Corporate Insolvency Resolution Process (CIRP) under Insolvency and Bankruptcy Code, 2016 (IBC). The appellants were earlier known as Essar Steel India Ltd (ESIL). The appellant had imported certain scrap and paid duty thereon. However, later on, it was found that there was an excess of 1300 MTS as against declared quantity of 29307.318 metric tons. The said goods were confiscated under Section 111(m) of the Customs Act, and redemption fine of Rs.16.5 Lakhs, penalty of Rs. 3.5 Lakhs was imposed by original adjudicating authority under Section 112(a) of the Customs Act. The matter was challenged before the Commissioner (Appeals), and the Commissioner (Appeals) reduced the redemption fine from 16.5 to 5 Lakhs, and penalty from Rs. 3.5 Lakh to Rs. 1 Lakhs. In a similar situation in appellants own case, Tribunal in ARCELOR MITTAL NIPPON STEEL INDIA LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE & ST, SURAT-I [2023 (7) TMI 1303 - CESTAT AHMEDABAD] has observed that resolution plan has been approved by NCLT vide order dated 08.03.2019 according to which any government dues as on date of the NCLT order stand extinguished. In this position, we are of the view that the present appeal is liable to be disposed of as infructuous. The appeal becomes infructuous and the same is dismissed as infructuous - Appeal disposed off.
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