The Deputy Commissioner, CGST Kalol, Gujrat, filed an appeal against an order dated August 7, 2020, passed in I.A. No. 178 of 2020 in C.P. (IB) No. 08/NCLT/AHM/2019 by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, approving the Resolution Plan for M/s Gopala Polyplast Ltd. The appellant argued that during the Corporate Insolvency Resolution Process (CIRP) of the Respondent, they filed a claim for outstanding GST dues recoverable from the Corporate Debtor. The claim, dated May 30, 2019, was admitted to the extent of Rs.2,36,67,282/-, but the Resolution Plan approved by the Committee of Creditors only provided Rs.1,18,336/- as full and final settlement.
The Deputy Commissioner, CGST Kalol, Gujrat, filed an appeal against the approval of a Resolution Plan for M/s Gopala Polyplast Ltd. The appellant claimed outstanding GST dues of Rs.2,36,67,282/- from the Corporate Debtor, but the Resolution Plan only provided Rs.1,18,336/- for settlement. The appellant argued that this amount was insufficient. The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, had approved the Resolution Plan. The appellant argued that the approved amount was insufficient considering the outstanding claim. The key fact is the discrepancy between the claimed amount and the amount provided in the resolution plan, which forms the basis of the appeal.
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The Deputy Commissioner, CGST Kalol, Gujrat, filed an appeal against an order dated August 7, 2020, passed in I.A. No. 178 of 2020 in C.P. (IB) No. 08/NCLT/AHM/2019 by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, approving the Resolution Plan for M/s Gopala Polyplast Ltd. The appellant argued that during the Corporate Insolvency Resolution Process (CIRP) of the Respondent, they filed a claim for outstanding GST dues recoverable from the Corporate Debtor. The claim, dated May 30, 2019, was admitted to the extent of Rs.2,36,67,282/-, but the Resolution Plan approved by the Committee of Creditors only provided Rs.1,18,336/- as full and final settlement.
The Deputy Commissioner, CGST Kalol, Gujrat, filed an appeal against the approval of a Resolution Plan for M/s Gopala Polyplast Ltd. The appellant claimed outstanding GST dues of Rs.2,36,67,282/- from the Corporate Debtor, but the Resolution Plan only provided Rs.1,18,336/- for settlement. The appellant argued that this amount was insufficient. The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, had approved the Resolution Plan. The appellant argued that the approved amount was insufficient considering the outstanding claim. The key fact is the discrepancy between the claimed amount and the amount provided in the resolution plan, which forms the basis of the appeal.
The Adjudicating Authority (National Company…
The Hon'ble Supreme Court delivered a judgment…
Sign in to view related legal provisions.