# In the matter of Plantinoclassic Motors India Pvt. Ltd. vs. Deputy Commissioner of Central Tax and Central Excise

> HC judgment dated 2023-10-26. Citation: TCN-2023-HC-00025. The writ petition was filed by Platino Classic Motors India Pvt. Ltd., a BMW car dealer in Kerala,…

- **Court:** HC
- **Order date:** 26 Oct 2023
- **Citation:** TCN-2023-HC-00025
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/plantinoclassic-motors-india-pvt-ltd-vs-deputy-commissioner-of-central-tax-and-c-369d64de

## Summary

### Background

The writ petition was filed by Platino Classic Motors India Pvt. Ltd., a BMW car dealer in Kerala, challenging Exhibits P-7, P-8, P-9, and P-10 orders. The Federal Bank of India initiated corporate insolvency resolution process (CIRP) against the petitioner under Section 7(4) of the Insolvency and Bankruptcy Code, 2016 (IBC). The National Company Law Tribunal (NCLT), Cochin, admitted the application on 08.03.2021 and appointed an Interim Resolution Professional (IRP). The resolution plans submitted were rejected by the Committee of Creditors (CoC). Subsequently, the CoC sought a direction from NCLT, Cochin, for liquidation of the petitioner company. An order of liquidation was passed on 30.09.2022 under Section 33 of the IBC, appointing the IRP as the Liquidator. The

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## Facts

Platino Classic Motors India Pvt. Ltd., a BMW car dealer, faced corporate insolvency resolution process initiated by The Federal Bank of India under Section 7(4) of the IBC. The NCLT admitted the application on 08.03.2021 and appointed an IRP. Resolution plans were rejected, leading to a liquidation order on 30.09.2022. The Liquidator received claims from the 1st respondent. The petitioner challenged Exhibits P-7 to P-10 orders, arguing they were issued after the moratorium commenced and without giving them a hearing opportunity. The respondent countered that notice was issued, a reply was filed, and a representative was heard. The orders in question are assessment orders under the CGST/SGST Act. The key fact is whether the assessment proceedings could continue despite

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## Issues and analysis

### Issue 1: Whether Section 14 of the IBC creates a bar for the finalization of assessment and adjudication …

**Ratio:** Section 14 of the IBC does not create a bar for the finalisation of the assessment and

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**Reasoning:** The court relied on the perusal of Section 14 of the IBC and several judgments of the

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**Interpretation:** Section 14 of the IBC imposes a moratorium on certain actions against the

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**Application:** The court applied this principle to the case by stating that the assessment

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## Parties

- **Judges:** Dinesh Kuma…
- **Respondents:** PLATINO CLASSIC…; DEPUTY COMMISSIONE…

## Timeline

- **2021-03-08 — Admission of CIRP…**: The National Company Law Tribunal (NCLT), Cochin, admitted the application filed by The…
- **2021-03-08 — Appointment…**: An Interim Resolution Professional (IRP) was appointed to maintain the affairs of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7(4) — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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