The Tribunal held that since the NCLT approved the resolution plan waiving all statutory dues and it was fully implemented, no grounds for the appeal remained. The appeal was dismissed as infructuous.
The appeal filed by the appellant is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, KOLKATA
REGIONAL BENCH – COURT NO.2
Excise Appeal No. 76733 of 2016
(Arising out of Order-in-Original No. DGR-EXCUS-000-COM-004-16-17 dated 31st May 2016 passed by Commissioner of Central Excise & Service Tax & Customs, Durgapur)
M/s. Cosmic Ferro Alloys Ltd.,
(Vill + P. O. Ghutgoria, Barjora, Bankura, W. B.)
Appellant
VERSUS
Commr. of Central Excise & Service Tax, Durgapur
(Satyajit Roy Sarani, City Centre, Durgapur-713216, Dist. Burdwan, West Bengal)
Respondent
APPEARANCE :
Shri Nirmal Agarwal, Authorized Representative for the Appellant Shri Debapriya Sue, Authorized Representative for the Respondent
CORAM:
HON’BLE MR. R. MURALIDHAR, MEMBER (JUDICIAL) HON’BLE MR. RAJEEV TANDON, MEMBER (TECHNICAL)
FINAL ORDER NO. 76725/2025
Date of Hearing : 4th July 2025 Date of Decision : 4th July 2025
PER RAJEEV TANDON
Today, when the matter was called, Ld. Authorized Representative on behalf of the assessee/appellant submitted that the assessee had initiated Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency Bankruptcy Code 2016. Vide order dated 11.10.2018, the resolution plan submitted has been approved by NCLT, which stood fully implemented on 20 December 2018.
2
E/76733/2016
(Dictated and pronounced in the open court.)
Sd/Sd/(Rajeev Tandon) (R. Muralidhar) Member (Technical) Member (Judicial)
Pooja
1 issue framed by the court
Whether the appeal survives after approval and implementation of the Corporate Insolvency Resolution Plan waiving all dues.
M/s. Cosmic Ferro Alloys Ltd.
Commr. of Central Excise & Service Tax, Durgapur
R. Muralidhar
Rajeev Tandon
As recorded by the court registry
An appeal in a central excise matter before CESTAT.
Judgements on the same questions, provisions and authorities, from every court
