TMI Blog2023 (11) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Revenue s appeals became infructuous. The appeals are dismissed as infructuous. - HON'BLE MEMBER ( JUDICIAL ) , MR. RAMESH NAIR And HON'BLE MEMBER ( TECHNICAL ) , MR. RAJU Shri A. R. Kanani , Superintendent ( Authorized Representative ) for the Appellant None appeared for the Respondent ORDER RAMESH NAIR These are the revenue s appeals against the impugned orders passed by Commissioner (Appeals). 2. Shri A.R. Kanani, Superintendent (Superintendent) Authorized Representative, appearing on behalf of the Revenue appellant reiterates the grounds of appeal which is on merit. None appeared on behalf of the respondent. 3. On careful consideration of the submission made by the learned Authorized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtinguished after the approval of the resolution plan. We further hold that other claims including Government/Statutory Authority, whether lodged during CIRP or not, shall also stand extinguished against the Corporate Debtor after the approval of the resolution plan. We further hold that contingent/unconfirmed dues shall also stand extinguished; As per the above order of NCLT, we find that dues of government, if any, shall stand extinguished. Similar view was also expressed by the Hon ble Supreme Court which was referred in the NCLT order in para 16. Which is reproduced below: 16. As far as reliefs and concessions claimed by the resolution applicant, the law has been well settled by the Hon'ble Supreme Court in the case of G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provided under the Customs Act. ii) After such assessment, the respondent authority has to submit its claims (concerning customs dues/operational debt) in terms of the procedure laid down. in strict compliance of the time periods prescribed under the IBC. before the adjudicating authority. iii) In any case, the IRP/RP/liquidator can immediately secure goods from the respondent authority to be dealt with appropriately, in terms of the IBC. 55. Resultantly, we allow the appeal and set aside the impugned order and judgment of the NCLAT. There shall be no orders as to costs. 19. For the reason of aforesaid NCLT order in the appellant case and the above cited Apex Court judgments, the dues of the Government, including the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
