The Excise and Taxation Commissioner, Haryana Sales Tax Department filed an application (IA No. 486/2021) seeking directions to the liquidator to accept their claim filed in Form C under the IBBI (Liquidation Process) Regulations, 2016. The department claimed that assessments were framed against the corporate debtor for the assessment years 2014-15 and 2016-17, resulting in a total tax due of Rs. 18,21,513. The applicant stated they became aware of the liquidation proceedings on 01.03.2021 and filed their claim via email. The liquidator informed them on 03.03.2021 that the last date for claim submission had passed on 26.12.2020. The corporate debtor argued that the claim was submitted beyond the stipulated time under Section 38(1) of the IBC 2016 and Regulation 33 of
…The Excise and Taxation Commissioner, Haryana Sales Tax Department, filed IA No. 486/2021 seeking acceptance of their claim in the liquidation process of M/s Karan Processors Private Limited. The department's claim was based on assessments for the years 2014-15 and 2016-17, totaling Rs. 18,21,513. The department filed the claim on 01.03.2021 after learning about the liquidation, but the liquidator had set a deadline of 26.12.2020. The corporate debtor argued the claim was filed late under Section 38(1) of the IBC 2016 and Regulation 33 of the IBBI Regulations. The corporate debtor was already liquidated with no assets. The key fact is the conflict between the statutory right of the tax department to a first charge on the debtor's assets under the Haryana Value Added
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The Excise and Taxation Commissioner, Haryana Sales Tax Department filed an application (IA No. 486/2021) seeking directions to the liquidator to accept their claim filed in Form C under the IBBI (Liquidation Process) Regulations, 2016. The department claimed that assessments were framed against the corporate debtor for the assessment years 2014-15 and 2016-17, resulting in a total tax due of Rs. 18,21,513. The applicant stated they became aware of the liquidation proceedings on 01.03.2021 and filed their claim via email. The liquidator informed them on 03.03.2021 that the last date for claim submission had passed on 26.12.2020. The corporate debtor argued that the claim was submitted beyond the stipulated time under Section 38(1) of the IBC 2016 and Regulation 33 of
…The Excise and Taxation Commissioner, Haryana Sales Tax Department, filed IA No. 486/2021 seeking acceptance of their claim in the liquidation process of M/s Karan Processors Private Limited. The department's claim was based on assessments for the years 2014-15 and 2016-17, totaling Rs. 18,21,513. The department filed the claim on 01.03.2021 after learning about the liquidation, but the liquidator had set a deadline of 26.12.2020. The corporate debtor argued the claim was filed late under Section 38(1) of the IBC 2016 and Regulation 33 of the IBBI Regulations. The corporate debtor was already liquidated with no assets. The key fact is the conflict between the statutory right of the tax department to a first charge on the debtor's assets under the Haryana Value Added
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