# In the matter of Department of Goods & Service Tax Vs. Technovaa Plastic Industries Pvt. Ltd. & Anr. Company Appeal (AT) (Ins.) No. 474 of 2021

> NCLAT judgment dated 2021-12-06. Citation: TCN-2021-NCLAT-00023. The appeal was filed by the Department of Goods & Service Tax, Deputy Commissioner of CGST,…

- **Court:** NCLAT
- **Order date:** 6 Dec 2021
- **Citation:** TCN-2021-NCLAT-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/department-of-goods-service-tax-vs-technovaa-plastic-industries-pvt-ltd-anr-comp-6d075702

## Summary

### Background

The appeal was filed by the Department of Goods & Service Tax, Deputy Commissioner of CGST, Kadi, against an order dated 4.9.2020 passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad) in Company Petition No. (IB)-189 of 2018. The Adjudicating Authority had allowed the application of the then Resolution Professional under Section 30(6) of the IBC without considering the appellant's claim. The Corporate Insolvency Resolution Process (CIRP) was initiated against Technovaa Plastic Industries Pvt. Ltd. on 12.11.2018. The appellant filed a claim for Rs. 81,50,13,952 on 1.1.2020, which was rejected by the Resolution Professional on 3.1.2020. The resolution plan was approved with 100% votes by the Committee of Creditors (CoC) and submitted by the

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## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Technovaa Plastic Industries Pvt. Ltd. on 2018-11-12. The Resolution Professional made a public announcement inviting claims. The deadline for submitting claims was 2019-02-09. The Department of Goods & Service Tax, Deputy Commissioner of CGST, Kadi, filed a claim for Rs. 81,50,13,952 on 2020-01-01, which was rejected by the Resolution Professional on 2020-01-03. The resolution plan was approved by the Committee of Creditors (CoC) and submitted to the Adjudicating Authority on 2019-10-04. The Adjudicating Authority approved the Resolution Plan on 2020-09-04. The appellant claimed that Rs. 6,12,68,709 was compromised under the 'Sabka Vishwas' scheme, leaving a remaining debt of Rs.

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## Issues and analysis

### Issue 1: Whether the claim filed by the Appellant is within the time period specified in the public …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority under sub-section

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**Reasoning:** The NCLAT reasoned that the Resolution Plan as approved by the Adjudicating Authority

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**Interpretation:** This issue concerns the timeliness of claim submission in the context of the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** Ashok Bh…; Jarat Kuma…; +1 more
- **Appellants:** Department of…
- **Respondents:** Technovaa Plastic…

## Timeline

- **2018-11-12 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated against Technovaa Plastic…
- **2019-02-09 — Deadline for…**: Deadline for submitting…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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