Failure to File Claim with Liquidator Renders Appeal Infructuous:

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has reaffirmed the finality of a resolution plan under the Insolvency and Bankruptcy Code (IBC). The tribunal ruled that an appeal becomes infructuous if the appellant has failed to file their claim with the liquidator within the stipulated time frame. The case involved a party appealing against a dues recovery, but they had not submitted their claim during the corporate insolvency resolution or liquidation process of the other party. The CESTAT held that once a resolution plan is approved or a liquidation process is concluded, all past claims that were not filed are extinguished. This decision underscores the supremacy of the IBC process and the importance of adhering to its strict timelines. It serves as a strong reminder to all creditors, including government and tax departments, that they must be diligent in filing their claims with the resolution professional or liquidator to avoid forfeiture.