Assistant Commissioner of CGST & Central Excise, Division Hingna, Nagpur I vs Devendra Singh Liquidator in Venus Rolling Mills Pvt. Ltd.

Learned counsel for the Appellant submits that the Adjudicating Authority has allowed M.A.2555/2019 by which the Liquidator has prayed for release of the attachment as well as direction to handover the attached goods.

It  is  submitted  by  learned  counsel  for  the  Appellant  that  after attachment the goods of the Corporate Debtor of 1108.678 MT, they were handed over in supurdgee of the Corporate Debtor whereas subsequently, it was found that 700 MT was missing, which was revealed by physical verification taken by the Resolution Professional. It is submitted that the Appellant cannot be held liable to handover the entire goods which were attached and blame if any for missing goods has to be put on the Corporate Debtor. Learned counsel for the Appellant, however, submitted that whatever goods are available on the spot may be handed over to the Liquidator.

We, thus, are of the view that in presence of the officials of the Appellant and the Liquidator/Successful Bidder handing over be done and inventory may also be made while handing over the goods to the Liquidator/Successful Bidder.

In view of the aforesaid, we dispose of this Appeal with aforesaid direction, however, with liberty to both the parties to file appropriate application before the Adjudicating Authority for further orders or clarification, if any such need arises.