9911796707
TMI Blog2014 (3) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ications have been filed against six orders passed by the Commissioner, Central Excise, Meerut II and one order passed by CCE (Appeals), Meerut -II upholding the duty demands against the appellant company, the details of which are given below. Sl. No. Appeal No. alongwith Stay application No. and Misc. Application No. Order-in-original/Order-in-appeal No. Duty and penalty (Rs.) 1. E/1365/2008 alongwith Stay Application No. E/S/1322/2008 and Misc. Application No. 10/2012, 395/2009 and 59924/2013 3-4/Comm/M-II/08 6,71,12,020/- with interest under Section 11AB and equal amount of penalty under Section 11AC 2. E/1366/2008 alongwith Stay Application No. E/S/1323/2008 and Misc. Application No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 008 and No. 1260/08-EX dated 10/11/08 respectively had directed the pre-deposit of 50% of the duty demand. The appellant, however, challenged the orders before Hon'ble Uttrakhand High Court and Hon'ble High Court vide order dated 20/01/09 had remanded the matter to the Tribunal for denovo decision on the said application, keeping in view the fact that the company is under BIFR. The other stay applications are listed for hearing for the first time. The miscellaneous applications have been filed for admission of additional evidence, modification of the stay order and early hearing. 2. Today Shri Rajesh Kumar, Advocate, appeared for hearing. He, however, stated that since on the recommendations of the order dated 8th May, 2013 of BIFR for win ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncial obligations and that the company, as a result thereof, was not likely to become able in future and that it was just, equitable and in public interest that the company M/s Kasipur Sugar Ltd. should be wound up u/s 20 (1) of SICA. The Bench therefore confirmed its earlier prima facie opinion formed on 11/02/2013 to wind up the company in terms of Section 20 (1) of SICA. It also directs that this opinion be forwarded to the concerned High Court (Allahabad High Court) alongwith copies of all the earlier orders/proceedings in the case for further necessary action according to law. 6. From the above BIFR order, it is clear that BIFR has recommended for winding of the appellant company. 7. On the basis of the above order of BIFR, Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 22 of the CESTAT Procedure Rule is as under :- Rule 22. Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or application. - Where in any proceedings the appellant or applicant or a respondent dies or is adjudicated as an insolvent or in the case of a company, is being wound up, the appeal or application shall abate, unless an application is made for continuance of such proceedings by or against the successor in interest, the executor, administrator, receiver, liquidator or other legal representative of the appellant or applicant or respondent, as the case may be : Provided that every such application shall be made within a period of sixty days of the occurrence o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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