The case involves an appeal against an order by the Adjudicating Authority regarding the refund of a pre-deposit of Rs. 1 crore made by the Corporate Debtor. The Corporate Debtor had filed an appeal against a demand order issued by the Assessing Authority, which was allowed by the Appellate Tribunal, remanding the matter for fresh adjudication. The Adjudicating Authority, relying on a government circular, directed the refund of the pre-deposit to the Resolution Professional/Liquidator, leading to the current appeal by the Assistant Commissioner of CGST & Central Excise.
The Corporate Debtor made a pre-deposit of Rs. 1 crore for filing an appeal against a demand order issued by the Assessing Authority. The Appellate Tribunal allowed the Corporate Debtor's appeal and remanded the matter for fresh adjudication. A government circular dated 10.03.2017 was issued, stating that pre-deposits should be refunded with interest, even in the event of a remand. Relying on this circular, the Adjudicating Authority directed the refund of the pre-deposit to the Resolution Professional/Liquidator. The Assistant Commissioner of CGST & Central Excise appealed this decision, arguing that the demand against the Corporate Debtor had been confirmed again after the remand. The Liquidator's claim was of Rs.49 Crores, whereas the admitted amount was less.
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The case involves an appeal against an order by the Adjudicating Authority regarding the refund of a pre-deposit of Rs. 1 crore made by the Corporate Debtor. The Corporate Debtor had filed an appeal against a demand order issued by the Assessing Authority, which was allowed by the Appellate Tribunal, remanding the matter for fresh adjudication. The Adjudicating Authority, relying on a government circular, directed the refund of the pre-deposit to the Resolution Professional/Liquidator, leading to the current appeal by the Assistant Commissioner of CGST & Central Excise.
The Corporate Debtor made a pre-deposit of Rs. 1 crore for filing an appeal against a demand order issued by the Assessing Authority. The Appellate Tribunal allowed the Corporate Debtor's appeal and remanded the matter for fresh adjudication. A government circular dated 10.03.2017 was issued, stating that pre-deposits should be refunded with interest, even in the event of a remand. Relying on this circular, the Adjudicating Authority directed the refund of the pre-deposit to the Resolution Professional/Liquidator. The Assistant Commissioner of CGST & Central Excise appealed this decision, arguing that the demand against the Corporate Debtor had been confirmed again after the remand. The Liquidator's claim was of Rs.49 Crores, whereas the admitted amount was less.
…Learned counsel for the Appellant was heard…
The Adjudicating…
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