# In the matter of Gupta United Energy Pvt. Ltd.

> NCLT judgment dated 2023-11-22. Citation: TCN-2023-NCLT-00621. The case involves two Interlocutory Applications (IAs) filed in the matter of the Corporate…

- **Court:** NCLT
- **Order date:** 22 Nov 2023
- **Citation:** TCN-2023-NCLT-00621
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gupta-united-energy-pvt-ltd-05c5db74

## Summary

### Background

The case involves two Interlocutory Applications (IAs) filed in the matter of the Corporate Insolvency Resolution Process (CIRP) of Great United Energy Pvt Ltd. IA 372/2021 was filed by Bansal Ship Breakers, the auction buyer, seeking directions to the liquidator to refund Rs. 59.58 Lakhs (collected towards 18% GST) along with interest and additional costs incurred due to non-compliance by the liquidator. IA 820/2021 was filed by the Liquidator seeking directions to the Auction Buyer for payment of Rs. 42,90,161/- towards port charges.

## Facts

Great United Energy Pvt Ltd was undergoing Corporate Insolvency Resolution Process (CIRP) and was later ordered to be liquidated. Bansal Ship Breakers was the successful auction buyer of a vessel named 'Adinath One'. The liquidator collected GST from the auction buyer on the sale of the vessel. The auction buyer filed a bill of entry for home consumption with an incorrect assessable value, leading to the payment of excess taxes. The liquidator also claimed port charges from the auction buyer for the period after the sale certificate was issued. The auction buyer sought a refund of the GST amount and additional costs, while the liquidator sought payment of port charges. The sale was on an 'as is where is' basis.

## Issues and analysis

### Issue 1: Whether the Liquidator was justified in collecting GST on the sale of the vessel to the Auction …

**Ratio:** Section 5 of the Integrated Goods & Service Tax Act, 2017, read with Section 3 of the

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**Reasoning:** The Tribunal reasoned that since the auction sale had already suffered tax at the time of

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**Interpretation:** The legal issue revolves around the interpretation of GST laws concerning

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**Application:** The Tribunal applied the ratio to the facts by noting that the vessel had

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Bansal Ship…
- **Respondents:** GREAT UNITED…

## Timeline

- **2018-06-26 — CIRP Admi…**: Corporate Debtor was admitted to Corporate Insolvency Resolution Process (“CIRP”) by the…
- **2019-02-13 — Liquidation…**: The Corporate Debtor was ordered to…

## 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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