# In the matter of Anand Tex India Pvt. Ltd. IA No.43-2022 in CP (IB) No.135-Chd-Hry-2018

> NCLT judgment dated 2022-09-21. Citation: TCN-2022-NCLT-00979. The case involves an application (IA No.43/2022) filed by the Excise and Taxation Officer,…

- **Court:** NCLT
- **Order date:** 21 Sept 2022
- **Citation:** TCN-2022-NCLT-00979
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anand-tex-india-pvt-ltd-ia-no43-2022-in-cp-ib-no135-chd-hry-2018-b23dbfdc

## Summary

### Background

The case involves an application (IA No.43/2022) filed by the Excise and Taxation Officer, Panipat Haryana, under Section 60(5)(b) of the IBC, 2016, seeking acceptance of a claim regarding statutory dues by the Resolution Professional. A petition was filed against M/s Anand Tex India Private Limited under Section 7 of the IBC for initiating the Corporate Insolvency Resolution Process (CIRP). The Company Petition (CP (IB) No.135/Chd/Hry/2018) was admitted on 2019-11-29. The Interim Resolution Professional issued a public announcement. The CIRP was conducted by the Resolution Professional. The sole financial creditor, Bank of India, approved the resolution plan with 100% voting share on 2021-05-14.

## Facts

M/s Anand Tex India Private Limited underwent Corporate Insolvency Resolution Process (CIRP) initiated by Bank of India. The CIRP was triggered by a petition under Section 7 of the IBC. The petition was admitted on 2019-11-29. The Excise and Taxation Officer, Panipat Haryana, filed a claim for statutory dues related to VAT and GST. The assessment order for A.Y. 2017-18, raising a demand of Rs.3461630, was issued on 2021-03-28. The claim was filed with the Resolution Professional on 2021-06-07, after the resolution plan was approved by the Committee of Creditors (CoC) on 2021-05-14. The Resolution Professional rejected the claim due to a delay of 464 days from the end date of submission of claim, which was 2020-02-28. The applicant's claim was filed as per IBBI

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## Issues and analysis

### Issue 1: Whether the claim for statutory dues filed by the Excise and Taxation Officer can be accepted after …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority under Section 31(1)

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**Reasoning:** The court relied on the Supreme Court's judgment in 'Ghanshyam Mishra' to emphasize that

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**Interpretation:** The interpretation of Section 31 of the IBC, as clarified by the Supreme Court

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**Application:** In this case, the claim for statutory dues was filed after the resolution plan

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Excise and…
- **Respondents:** M/s Anand Tex…; Anup Sood…
- **Advocates:** Piyush B…; Harsh…; +1 more

## Timeline

- **2018-01-01 — CP (IB) No.135/Chd/Hry/2…**: Company Petiti…
- **2019-11-29 — Admission of CP (IB)…**: The Adjudicating authority…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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