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2023 (11) TMI 416 - AT - Central ExciseAbatement of appeal on appointment of IRP - continuation of proceedings under Rule 22 of CESTAT (Procedure) Rules, 1982 - HELD THAT:- The Mumbai bench of this Tribunal in the case of M/s Alok Industries Ltd’s case [2022 (10) TMI 801 - CESTAT MUMBAI] analysed in detail Rule 22 of CESTAT (Procedure) Rules, 1982 and observed that Rule 22 should be applicable the moment the successor interest with sufficient rights is appointed by NCLT to make an application for continuation of the proceeding. The view consistently expressed by this Tribunal in a series of cases that the appeal abates once the IRP is appointed, is agreed upon - the appeal abates as per Rule 22 of CESTAT (Procedure) Rules, 1982.
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