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BHUSHAN STEEL LIMITED, v. Coms,C.Ex,Cus & S.Tax - BBSR-I
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
EASTERN ZONAL BENCH: KOLKATA
REGIONAL BENCH - COURT NO. 1
Service Tax Appeal No. 100 of 2012
(Arising out of Order-in-Original No. COMMR/B-I/ST-17/2011 dated 12.12.2011 passed by the Commissioner of Central Excise, Customs and Service Tax, Bhubaneswar-I, C.R. Building, Rajaswa Vihar, Bhubaneswar - 751 007, Odisha)
AND
Service Tax Appeal No. 111 of 2012
(Arising out of Order-in-Original No. COMMR/B-I/ST-17/2011 dated 12.12.2011 passed by the Commissioner of Central Excise, Customs and Service Tax, Bhubaneswar-I, C.R. Building, Rajaswa Vihar, Bhubaneswar - 751 007, Odisha)
APPEARANCE:
Shri Abhijit Biswas, Advocate, for the Assessee Shri Desh Dulal Chatterjee, Authorized Representative, for the Revenue
CORAM:
HON'BLE SHRI ASHOK JINDAL, MEMBER (JUDICIAL) HON'BLE SHRI K. ANPAZHAKAN, MEMBER (TECHNICAL)
FINAL ORDER NOs. 76322-76323 / 2026
DATE OF HEARING / DECISION: 05.10.2026
M/s. Tata Steel Limited
[Formerly known as 'M/s. Bhushan Steel Limited'] AT: Narendrapur, P.O.: Kasupanaga, Via: Meramandali, District:
Dhenkanal, PIN - 759 121]
Present Address: Bistupur, Jamshedpur - 831 001
: Appellant
VERSUS
Commissioner of Central Excise and Service Tax
Bhubaneswar-I Commissionerate, C.R. Building, Rajaswa Vihar, Bhubaneswar - 751 007 (Odisha)
: Respondent Commissioner of Central Excise and Service Tax
Bhubaneswar-I Commissionerate, C.R. Building, Rajaswa Vihar, Bhubaneswar - 751 007 (Odisha)
: Appellant
VERSUS
M/s. Tata Steel Limited
[Formerly known as 'M/s. Bhushan Steel Limited'] AT: Narendrapur, P.O.: Kasupanaga, Via: Meramandali, District:
Dhenkanal, PIN - 759 121]
Present Address: Bistupur, Jamshedpur - 831 001
: Respondent
1
Page 2 of 3
ORDER: [PER SHRI ASHOK JINDAL]
Today, when the matter was taken up for hearing, it was brought to the notice of the Bench by the Ld. Counsel appearing on behalf of the assessee viz. M/s. Tata Steel Limited (Formerly M/s. Bhushan Steel Limited), that during the pendency of the appeals, insolvency proceedings had been initiated against M/s. Bhushan Steel Limited by State Bank of India under the provisions of the Insolvency and Bankruptcy Code, 2016 ("IBC"), before the National Company Law Tribunal, New Delhi (NCLT). It is informed that the insolvency petition against M/s. Bhushan Steel Limited was admitted by the NCLT on 26.07.2017, and subsequently, M/s. Tata Steel Limited (as it stood subsequent to amalgamation) submitted its Resolution Plan before the Committee of Creditors ("CoC") which dealt with both financial debts and operational debts. He further submits that the said plan was approved by the CoC with an affirmative voting share of 99.80% and thereafter, the Resolution Plan came to be approved by the National Company Law Tribunal vide its Order dated 15.05.2018. It has also been pointed out that the aforesaid order of the NCLT was also affirmed by the National Company Law Appellate Tribunal ("NCLAT") vide Order dated
10.08.2018.
2. Considering the above factual position that in terms of the Order dated 15.05.2018, the Resolution Plan stands approved by the NCLT, we find that the demands of tax liabilities, along with interest and penalty, by way of the impugned proceedings against the assessee, do not survive.
Page 3 of 3
3. In view of the above, the appeal filed by the assessee has become infructuous and hence, the same is disposed of in these terms. Accordingly, the appeal filed by Revenue also stands dismissed. (Dictated and pronounced in the open court)
(ASHOK JINDAL)
MEMBER (JUDICIAL)
(K. ANPAZHAKAN)
MEMBER (TECHNICAL)
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