The Corporate Debtor, Jailaxmi Sugar Products (Nitali) Pvt. Ltd., was admitted into Corporate Insolvency Resolution Process (CIRP) by an order of the NCLT on November 6, 2019. Following the commencement of CIRP, the Resolution Professional (Applicant) informed various statutory authorities, including the Goods & Service Tax (GST) Department, about the ongoing moratorium. Despite this, on December 4, 2019, a sum of Rs. 76,75,000/- was debited from the Corporate Debtor's bank account and credited to the Respondent, the GST Department, Nashik. This debit occurred due to recovery proceedings initiated by the Collector of Usmanabad for tax arrears, which were, in fact, owed by a different entity, M/s Sheelatul Sugar Tech Private Limited, for whom the Corporate Debtor had previously undertaken to pay the GST dues.

The Corporate Debtor, Jailaxmi Sugar Products (Nitali) Pvt. Ltd., was admitted into Corporate Insolvency Resolution Process (CIRP) by an order of the NCLT on November 6, 2019. Following the commencement of CIRP, the Resolution Professional (Applicant) informed various statutory authorities, including the Goods & Service Tax (GST) Department, about the ongoing moratorium. Despite this, on December 4, 2019, a sum of Rs. 76,75,000/- was debited from the Corporate Debtor's bank account and credited to the Respondent, the GST Department, Nashik. This debit occurred due to recovery proceedings initiated by the Collector of Usmanabad for tax arrears, which were, in fact, owed by a different entity, M/s Sheelatul Sugar Tech Private Limited, for whom the Corporate Debtor had previously undertaken to pay the GST dues.