TMI Blog2024 (4) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... NCLT, Kolkata Bench on 04.09.2019 and affirmed by the NCLT, New Delhi on 04.03.2021 and a special leave petition filed against the said order before the Hon'ble Supreme Court was dismissed on 04.05.2021. Thus, it is seen that the process under the Insolvency and Bankruptcy Code, 2016 had commenced much prior to the issuance of the show cause notice. Therefore, the above points of law are required to be considered, more particularly, the law laid down by the Hon'ble Supreme Court in several decisions of which we may refer to the decisions in the case of Ruchi Soya Industries Ltd. Ors. vs. Union of India ors. [ 2022 (3) TMI 60 - SUPREME COURT ] wherein the Hon'ble Supreme Court held that the claim in respect of the demand having n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid writ petition, the appellant had challenged the order-in original dated 21.11.2023 passed by the respondents under the provisions of the CGST Act, 2017. By the said order, the demand of service tax as demanded in the show cause notice dated 05.11.2019 was affirmed and a demand of service tax to the tune of Rs. 20,15,758/- was made in terms of Section 73(1) of the Finance Act, 1994 read with Section 174(2) of the CGST Act, 2017; order of recovery for applicable interest and a penalty equal to the tax amount was affirmed. 2. The appellant had challenged the said proceedings before the learned writ court raising certain points of law viz. i) whether through the resolution plan which has been approved by the NCLT, Kolkata Bench, all debts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that the appellant should avail the alternate remedy. 4. We have elaborately heard learned counsel for the respective parties elaborately. 5. In the instant case, the proceedings before the NCLT, Kolkata Bench for approval of a corporate resolution plan was initiated in the year 2018, to be precise, on 08.01.2018 and the show cause notice was said to have been issued on the erstwhile company dated 05.11.2019. The resolution plan was approved by the NCLT, Kolkata Bench on 04.09.2019 and affirmed by the NCLT, New Delhi on 04.03.2021 and a special leave petition filed against the said order before the Hon'ble Supreme Court was dismissed on 04.05.2021. 6. Thus, it is seen that the process under the Insolvency and Bankruptcy Code, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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