# In the matter of The Assistant Commissioner of Central Tax Vs. Mr. V. Shanker and Ors. CA (AT) (Ins) No. 56 of 2021

> NCLAT judgment dated 2021-06-11. Citation: TCN-2021-NCLAT-00236. The Assistant Commissioner of Central Tax, GST Division, filed an appeal against the Impugned…

- **Court:** NCLAT
- **Order date:** 11 Jun 2021
- **Citation:** TCN-2021-NCLAT-00236
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/the-assistant-commissioner-of-central-tax-vs-mr-v-shanker-and-ors-ca-1bbd0051

## Summary

### Background

The Assistant Commissioner of Central Tax, GST Division, filed an appeal against the Impugned Order dated 28th January, 2020, passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench, Hyderabad) in I.A. No. 779 of 2019 in CP (IB) No. 344/9/HDB/2018. The Adjudicating Authority had approved a Resolution Plan filed by Terapanth Foods Ltd. and Rav's Steels Pvt. Ltd. The appellant claimed that the Adjudicating Authority did not consider their claim for operational dues of Rs. 3,88,38,963/-.

## Facts

The Assistant Commissioner of Central Tax, GST Division, filed a claim for operational dues of Rs. 3,88,38,963/- in the Corporate Insolvency Resolution Process (CIRP) of Sri Ramanjaneya Ispat Pvt. Ltd. The CIRP commenced on 12.12.2018. The Appellant claimed to have filed a claim with the Interim Resolution Professional on 07th August, 2019, and filed an application to consider proof of claim along with condonation of delay on 16th August, 2019. The Adjudicating Authority approved a Resolution Plan filed by Terapanth Foods Ltd. and Rav's Steels Pvt. Ltd. The Appellant's claim was not included in the Resolution Plan. The Appellant was advised by the Resolution Professional to get the delay condoned by moving the Adjudicating Authority, but instead, the department sent a

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in approving the Resolution Plan without considering the …

**Ratio:** Statutory dues, if not part of the Resolution Plan, shall stand extinguished as per the

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**Reasoning:** The court relied on the judgment in "Ghanashyam Mishra Vs. Edelweiss Asset

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**Interpretation:** This interpretation reinforces the importance of adhering to the prescribed

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**Application:** The Appellant's claim was not considered because it was not filed in the

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## Parties

- **Judges:** A.I.S. C…; V. P. S…
- **Appellants:** The Assistant…
- **Respondents:** Ramanjaneya Ispat…; V. Sha…

## Timeline

- **2018-12-12 — CIRP Commen…**: Corporate Insolvency…
- **2018-12-23 — Public N…**: Public Notice after Admission of the Application under Section 9 of IBC was published in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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