The Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department, filed a writ petition challenging an order by the National Company Law Tribunal (NCLT), Kochi Bench. The NCLT order declared an assessment order as void ab initio, stating it violated the moratorium under Section 14(1)(a) of the Insolvency and Bankruptcy Code (IBC). The assessment order was related to the 2nd respondent, M/s Albanna Engineering (India) Private Limited, a Corporate Debtor undergoing Corporate Insolvency Resolution Process (CIRP).
The Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department, initiated an assessment against M/s Albanna Engineering (India) Private Limited, a Corporate Debtor, for the period 2015-16, determining a KVAT liability of Rs. 11,76,35,628.70. M/s Albanna Engineering was admitted into CIRP on 25.10.2019, and a moratorium was declared. Sanghvi Movers Ltd had filed IBA No.38/2019 under Section 9 of the IBC against Albanna Engineering. The moratorium was in effect until 02.12.2021, when a liquidation order was passed. The 2nd respondent filed an application before the NCLT, Kochi Bench, under Section 33(5) of the IBC, seeking permission to appeal the assessment order dated 25.02.2021. The NCLT, however, declared the assessment order void ab initio,
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M/s Albanna Engineering (India) Private…
CIRP effected…
The Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department, filed a writ petition challenging an order by the National Company Law Tribunal (NCLT), Kochi Bench. The NCLT order declared an assessment order as void ab initio, stating it violated the moratorium under Section 14(1)(a) of the Insolvency and Bankruptcy Code (IBC). The assessment order was related to the 2nd respondent, M/s Albanna Engineering (India) Private Limited, a Corporate Debtor undergoing Corporate Insolvency Resolution Process (CIRP).
The Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department, initiated an assessment against M/s Albanna Engineering (India) Private Limited, a Corporate Debtor, for the period 2015-16, determining a KVAT liability of Rs. 11,76,35,628.70. M/s Albanna Engineering was admitted into CIRP on 25.10.2019, and a moratorium was declared. Sanghvi Movers Ltd had filed IBA No.38/2019 under Section 9 of the IBC against Albanna Engineering. The moratorium was in effect until 02.12.2021, when a liquidation order was passed. The 2nd respondent filed an application before the NCLT, Kochi Bench, under Section 33(5) of the IBC, seeking permission to appeal the assessment order dated 25.02.2021. The NCLT, however, declared the assessment order void ab initio,
…M/s Albanna Engineering (India) Private…
CIRP effected…