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TMI Blog2024 (6) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... demand of service tax amounting to Rs.6,66,83,523/- (Rupees Six Crores Sixty Six Lakhs Eighty Three Thousand Five Hundred Twenty Three only) including Education Cess of Rs.12,96,837/- and Secondary & Higher Education Cess of Rs.5,44,719/- against M/s Technopak Advisors (P) Ltd, 4th Floor, Tower-A, Building No. 8, DLF Cyber City, Phase-II, Gurgaon and order its recovery from them under proviso to Section 73(1) of Finance Act, 1994. (ii) I confirm the recovery of interest at appropriate rates from M/s Technopak Advisors (P) Ltd, 4th Floor, Tower-A, Building No. 8, DLF Cyber City, Phase-II, Gurgaon on the amount of Service Tax confirmed for recovery as mentioned at Sr. No. (i) above under the provisions of Section 75 of the Finance Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the sides and perused the material on record. 3. Sh. Manish Khurana, the learned Counsel appears for the appellant and submits that M/s Safe Capital Services Private Limited, the creditor of the appellant approached the NCLT, New Delhi Bench and the NCLT has approved the Resolution Plan vide its order dated 08.02.2021. He further submits that once the Resolution Plan has been approved, the present appeal needs to be abated in view of the law laid down by the Hon'ble Supreme Court in the case of Ghanashyam Mishra & Sons Pvt Ltd vs. Edelweiss Asset Reconstruction Company Ltd & Ors in Civil Appeal No. 8129 of 2019. 4. On the other hand, the learned Authorized Representative for the Revenue has also admitted the factum of the Resolution Plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 87287/2015 and it was ordered that the appeals stand abated once the Resolution Plan has been approved by NCLT and the CESTAT has become functus officio in the matters relating to this appeal. It is pertinent to reproduce the relevant findings of the coordinate benches on the issue which are reproduced herein below : - "4. We also find that the matter is no more res integra, as the Hon'ble Supreme Court in Civil Appeal No. 8129 of 2019, in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. & Ors. vide judgement dated 13.04.2021, had decided the settled position of law, as under : - " 2. The short but important questions, that arise for consideration in this batch of matters , are as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any proceedings in respect to a claim, which is not part of the resolution plan; (ii) 2019 amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I&B Code has come into effect; (iii) Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. " 5. We also find that CBIC has vide Instruction No.1083/04/2022-CX9 dated 23.05.2022 has laid down the guidelines in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic announcement inviting claims is made by the insolvency professional. 2. A timeline of 90 days from the insolvency commencement date is available for filing of claims. However, it has been observed that there is an inordinate delay in filing of claims by Customs and GST authorities. This leads to their claims not being admitted and extinguished once a resolution plan is approved. It is also observed that the authorities then litigate on the rejection of each claims, despite the settled position that no claims can be raised once the plan is approved and no demands can be raised on the Resolution Applicant who has taken over the company through such a resolution plan." 6. Appellant-assessee has also claimed that the refund of pre-depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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