This is an appeal filed by the Department of State Tax against the liquidator's decision to not admit their claim in the liquidation process of M/s Bharati Defense and Infrastructure Limited. The appellant sought condonation of delay in filing the claim. The Corporate Insolvency Resolution Process (CIRP) was initiated by Edelweiss Assets Reconstruction Company Limited, and the corporate debtor was admitted to liquidation on 14.01.2019. The liquidator invited claims, with a last date of 23.02.2019. The appellant filed their claim on 20.09.2022, which was rejected by the liquidator.
The Department of State Tax filed a claim in the liquidation process of M/s Bharati Defense and Infrastructure Limited, seeking Rs.87,11,648/- for the period of July 2017-March 2018. The CIRP was initiated on 06.06.2017, and the corporate debtor was admitted to liquidation on 14.01.2019. The last date for submitting claims was 23.02.2019, but the appellant filed their claim on 20.09.2022, resulting in a delay. The appellant argued that the delay was due to the adjudication order passed on 19.05.2022, which determined the amount payable by the corporate debtor. The liquidator rejected the claim, stating that it was filed after the prescribed deadline and could not be categorized as a secured creditor under the Maharashtra GST Act. The appellant relied on the decision in
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This is an appeal filed by the Department of State Tax against the liquidator's decision to not admit their claim in the liquidation process of M/s Bharati Defense and Infrastructure Limited. The appellant sought condonation of delay in filing the claim. The Corporate Insolvency Resolution Process (CIRP) was initiated by Edelweiss Assets Reconstruction Company Limited, and the corporate debtor was admitted to liquidation on 14.01.2019. The liquidator invited claims, with a last date of 23.02.2019. The appellant filed their claim on 20.09.2022, which was rejected by the liquidator.
The Department of State Tax filed a claim in the liquidation process of M/s Bharati Defense and Infrastructure Limited, seeking Rs.87,11,648/- for the period of July 2017-March 2018. The CIRP was initiated on 06.06.2017, and the corporate debtor was admitted to liquidation on 14.01.2019. The last date for submitting claims was 23.02.2019, but the appellant filed their claim on 20.09.2022, resulting in a delay. The appellant argued that the delay was due to the adjudication order passed on 19.05.2022, which determined the amount payable by the corporate debtor. The liquidator rejected the claim, stating that it was filed after the prescribed deadline and could not be categorized as a secured creditor under the Maharashtra GST Act. The appellant relied on the decision in
…Corporate Insolvency Resolution Process…
Corporate Debtor…