# In the matter of Anil Technoplus Ltd.

> NCLT judgment dated 2024-03-22. Citation: TCN-2024-NCLT-01953. The Commissioner of State Tax Department filed an application under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 22 Mar 2024
- **Citation:** TCN-2024-NCLT-01953
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anil-technoplus-ltd-0a12f2af

## Summary

### Background

The Commissioner of State Tax Department filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016, seeking directions from the NCLT to treat the applicant as a 'Secured Creditor' for assessment orders under the Gujarat Value Added Tax Act, 2003, and the Central Sales Tax Act, 1956, for the assessment years 2006-2007 and 2013-2014 to 2016-2017. The applicant had previously filed IA No. 172/2021 seeking consideration of its claims as a secured creditor, which was rejected by the Tribunal on 06.09.2021, citing Section 238 of the Code. The applicant argues that a subsequent Supreme Court judgment in Rainbow Paper Limited case classified state tax dues as secured creditor under the GVAT Act. The

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## Facts

The Commissioner of State Tax Department filed an application (IA No. 1028 of 2023) seeking to be treated as a secured creditor in the Corporate Insolvency Resolution Process (CIRP) of Anil Technoplus Limited. The application was filed under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), read with Rule 11 of the NCLT Rules, 2016. The applicant sought directions from the NCLT to treat them as a 'Secured Creditor' for assessment orders under the Gujarat Value Added Tax Act, 2003, and the Central Sales Tax Act, 1956, for the assessment years 2006-2007 and 2013-2014 to 2016-2017. Previously, the applicant had filed IA No. 172/2021 seeking the same relief, which was rejected by the NCLT on 06.09.2021, citing Section 238 of the IBC, which gives the IBC precedence

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## Issues and analysis

### Issue 1: Whether the Commissioner of State Tax Department can be treated as a secured creditor in the CIRP …

**Ratio:** The principle of res judicata and finality of proceedings dictates that once an issue has

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**Reasoning:** The NCLT reasoned that the issue of treating the applicant as a secured creditor had

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**Interpretation:** The interpretation of Section 238 of the IBC is that it overrides other laws,

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**Application:** In this case, the NCLT applied the principle of res judicata, noting that the

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** The Commissioner…
- **Respondents:** Anil Technoplus…; Bhupendrasingh…; +1 more

## Timeline

- **2021-09-06 — Rejection of IA No.…**: The NCLT rejected IA No. 172/2021 filed by the applicant seeking consideration of its…
- **2022-09-06 — Rainbow Paper Limited…**: The Supreme Court of India issued its judgment in the case of Rainbow Paper Limited,…

## 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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