The Commissioner of State Tax Department filed an appeal against the order dated 31.10.2023 passed by the National Company Law Tribunal, Ahmedabad Bench, which rejected the Appellant's application to treat its claim as a Secured Creditor during the liquidation of M/s Anil Ltd. The appeal arises from IA No. 735/NCLT/AHM/2023 in IA No. 435/NCLT/AHM/2023 in CP(IB) No. 66/NCLT/AHM/2017. The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) vide order dated 23.08.2017, and a moratorium was imposed. The Resolution Professional published a public announcement on 28.08.2017, inviting claims with a deadline of 06.09.2017. Due to the absence of a resolution, the CoC decided to liquidate the Corporate Debtor, approved by the Adjudicating Authority
…The Commissioner of State Tax Department filed an appeal against the Adjudicating Authority's order rejecting its claim as a Secured Creditor during the liquidation of M/s Anil Ltd. The Corporate Debtor was admitted into CIRP on 23.08.2017, and a moratorium was imposed. The Resolution Professional invited claims by 06.09.2017. Due to the absence of a resolution, the CoC decided to liquidate the Corporate Debtor, approved on 25.10.2018. The Appellant claims a first charge under Section 48 of the VAT Act. The Respondent argues that some claims are not covered under VAT Act and that assessment orders for certain periods were passed during the moratorium. The Appellant issued attachment orders on 16.10.2018. The Respondent admitted claims for AY 2007-08 to 2012-13 as
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Corporate Debtor admitted into Corporate…
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The Commissioner of State Tax Department filed an appeal against the order dated 31.10.2023 passed by the National Company Law Tribunal, Ahmedabad Bench, which rejected the Appellant's application to treat its claim as a Secured Creditor during the liquidation of M/s Anil Ltd. The appeal arises from IA No. 735/NCLT/AHM/2023 in IA No. 435/NCLT/AHM/2023 in CP(IB) No. 66/NCLT/AHM/2017. The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) vide order dated 23.08.2017, and a moratorium was imposed. The Resolution Professional published a public announcement on 28.08.2017, inviting claims with a deadline of 06.09.2017. Due to the absence of a resolution, the CoC decided to liquidate the Corporate Debtor, approved by the Adjudicating Authority
…The Commissioner of State Tax Department filed an appeal against the Adjudicating Authority's order rejecting its claim as a Secured Creditor during the liquidation of M/s Anil Ltd. The Corporate Debtor was admitted into CIRP on 23.08.2017, and a moratorium was imposed. The Resolution Professional invited claims by 06.09.2017. Due to the absence of a resolution, the CoC decided to liquidate the Corporate Debtor, approved on 25.10.2018. The Appellant claims a first charge under Section 48 of the VAT Act. The Respondent argues that some claims are not covered under VAT Act and that assessment orders for certain periods were passed during the moratorium. The Appellant issued attachment orders on 16.10.2018. The Respondent admitted claims for AY 2007-08 to 2012-13 as
…Corporate Debtor admitted into Corporate…
Resolution Professional…