# In the matter of State Tax Officer vs. Nitin Narang, RP of Afcan Impex Pvt. Ltd. & Ors.

> NCLAT judgment dated 2026-01-07. Citation: TCN-2026-NCLAT-00001. The State Tax Officer filed two appeals against orders passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 7 Jan 2026
- **Citation:** TCN-2026-NCLAT-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-tax-officer-vs-nitin-narang-rp-of-afcan-impex-pvt-ltd-ors-3c2c3bd7

## Summary

### Background

The State Tax Officer filed two appeals against orders passed by the Adjudicating Authority approving a Resolution Plan and partly allowing an application filed by the Appellant.

## Facts

The Corporate Debtor, M/s Afcan Impex Pvt. Ltd., was admitted into CIRP on 17.02.2021 based on an application by Bank of Maharashtra.

The RP issued a public announcement on 23.02.2021, inviting claims.

The State Tax Officer filed its claim in Form-B on 19.04.2021, which was provisionally accepted by the RP.

The Appellant addressed a letter to the RP on 10.03.2023 to consider its claim as a secured creditor based on the Rainbow Papers Pvt. Ltd. judgment.

The RP rejected the Appellant's claim as a secured creditor on 03.04.2023.

The CoC approved the Resolution Plan, which was submitted to the Adjudicating Authority for approval.

The Adjudicating Authority approved the Resolution Plan on 30.09.2025 and partly allowed IA No.447 of 2025, filed by the Appellant.

…

## Issues and analysis

### Issue 1: Whether Section 9(2) of the CST Act creates a security interest on the assets of the Corporate …

**Ratio:** Section 9(2) of the CST Act does not create a security interest on the assets of the

…

**Reasoning:** Section 9(2) is a machinery provision for assessment, re-assessment, collection, and

…

**Interpretation:** The deeming fiction in Section 9(2) is limited to procedural matters and does

…

**Application:** The Appellant's reliance on Section 9(2) to claim a security interest on the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** State Tax O…
- **Respondents:** Afcan Impex Pvt…; Nitin Narang, RP…
- **Other parties:** Bank of Maharashtr…; Nitin N…
- **Advocates:** Ritu…; Gaurav…

## Timeline

- **17.02.2021 — CIRP Commen…**: Corporate Debtor admitted into CIRP based…
- **23.02.2021 — Public Annou…**: RP issued public…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/state-tax-officer-vs-nitin-narang-rp-of-afcan-impex-pvt-ltd-ors-3c2c3bd7