The Assistant Commissioner of State Tax, Vapi (Appellant), challenged an NCLT order approving a Resolution Plan for Vinergy International Pvt. Ltd. The appellant was treated as an "Operational Creditor" despite claiming "Secured Creditor" status due to a statutory charge under the Gujarat VAT Act for outstanding tax dues. The appellant had initially filed a claim in Form B, marking "N.A." for security interest, but later asserted its secured status, especially after the Resolution Professional filed an application to remove the lien on the Corporate Debtor's bank account.
On 09.02.2023, Vinergy International Pvt. Ltd. (Corporate Debtor) was admitted into Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC, 2016.
Prior to CIRP, on 03.06.2021, the Assistant Commissioner of State Tax, Vapi, issued a notice under Section 44 of the Gujarat Value Added Tax Act, 2003, creating a lien over the Corporate Debtor's bank account for outstanding tax dues.
On 11.02.2023, the Interim Resolution Professional made a public announcement inviting claims, with the last date being 24.02.2023.
On 22.02.2023, the Assistant Commissioner of State Tax, Vapi, filed a claim in Form B for Rs. 15,65,92,673/- (composite claim of VAT + CST + interest), which was admitted in full by the IRP on 03.05.2023.
…Sign in to view the parties.
Appellant authority issued a notice under…
Vinergy International Pvt. Ltd. (Corporate…
The Assistant Commissioner of State Tax, Vapi (Appellant), challenged an NCLT order approving a Resolution Plan for Vinergy International Pvt. Ltd. The appellant was treated as an "Operational Creditor" despite claiming "Secured Creditor" status due to a statutory charge under the Gujarat VAT Act for outstanding tax dues. The appellant had initially filed a claim in Form B, marking "N.A." for security interest, but later asserted its secured status, especially after the Resolution Professional filed an application to remove the lien on the Corporate Debtor's bank account.
On 09.02.2023, Vinergy International Pvt. Ltd. (Corporate Debtor) was admitted into Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC, 2016.
Prior to CIRP, on 03.06.2021, the Assistant Commissioner of State Tax, Vapi, issued a notice under Section 44 of the Gujarat Value Added Tax Act, 2003, creating a lien over the Corporate Debtor's bank account for outstanding tax dues.
On 11.02.2023, the Interim Resolution Professional made a public announcement inviting claims, with the last date being 24.02.2023.
On 22.02.2023, the Assistant Commissioner of State Tax, Vapi, filed a claim in Form B for Rs. 15,65,92,673/- (composite claim of VAT + CST + interest), which was admitted in full by the IRP on 03.05.2023.
…Appellant authority issued a notice under…
Vinergy International Pvt. Ltd. (Corporate…