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TMI Blog2024 (6) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... ng mis-declaration of actual quantity and value of goods viz., iron ore during the period from 13.06.2008 to 31.05.2010. On adjudication of the notice, total demand of Rs.4,29,79,199/- was confirmed along with penalties imposed under various provisions of Customs Act, 1962; also, an amount of Rs.2,09,32,830/- deposited towards duty and Rs.16,47,225/- deposited towards interest was appropriated in the order. Aggrieved by the said order, the appellant has filed this appeal before this Tribunal. 3. During the pendency of this Appeal, it is brought on record that, one M/s Elite Brilliant Limited had filed an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (in short, "IBC, 2016") as the Operational Creditor for initiation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ruchi Soya Industries - 2021 (377) ELT 659 (Kar.). iv. Ghanashyam Mishra And Sons Pvt. Ltd. vs. Edelwise Asset Reconstruction Company Ltd. (2021) 9 SCC 657. 5. Further, it is submitted that since the above demands except Rs.5,22,725/- are not part of the Resolution Plan approved by the adjudicating authority under Section 31 of the IBC, 2016, therefore, it stands extinguished. Also, the learned Advocate submits that refunds be allowed of the deposits made during the investigation stage and appropriated by the Commissioner in the impugned order. 6. Per contra, the learned Authorised Representative for the Revenue submits that once the Resolution Plan is approved by the Hon'ble NCLT, the appeals stand abated as per Rule 22 of CESTAT Proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Professional (IRP) in the case. The Resolution Plan has been approved by the Hon'ble NCLT vide Order dated 13.01.2020. Consequent to the said Order approving the Resolution Plan, the appellant is now before this Forum. 11. The relevant provision under the CESTAT (Procedure) Rules, 1982 prescribed at Rule 22 reads 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-int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the successor interest for the continuance of the proceedings and hence the appeal stands abated by the operation of this rule. 4.5 ............................ 4.6 There is no dispute to the binding nature of the resolution plan as approved by the NCLT. It has been settled by the Hon'ble Apex Court in the cases referred to by the learned counsel for the applicant. 4.7 .......................... 4.8 However, from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become functus officio in the matters relating to this appeal. Further it is also settled that the impugned orders in the appeals have got merged in the order of the NCLT approving the Resolution Plan. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STAT MUMBAI; iv. M/s. Bhushan Power & Steel Ltd vs. CCE, Kolkata-IV - 2023 (5) TMI 184 - CESTAT KOLKATA; v. M/s Murli Indus tries Ltd vs. CC E, Nagpur 2022 (11) TMI 289 CESTAT MUMBAI. 14. Needless to mention, as observed by the Hon'ble Supreme Court and High Courts in catena of cases that the Tribunal is a creature of the statute; it cannot travel beyond the express powers vested under the Statute or Rules framed under the statute, while deciding a statutory Appeal filed before it against the Orders of the prescribed statutory authorities mentioned under the statute. The corollary, any order passed by the Tribunal beyond the vested powers under the statute would be non est in law. 15. The judgements cited by the learned Advocate for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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