# In the matter of Reliance Telecom Ltd.

> NCLT judgment dated 2023-10-26. Citation: TCN-2023-NCLT-01016. This case involves an application (I.A. 2219/2020) filed by the Commercial Tax & GST Officer,…

- **Court:** NCLT
- **Order date:** 26 Oct 2023
- **Citation:** TCN-2023-NCLT-01016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/reliance-telecom-ltd-9400bed1

## Summary

### Background

This case involves an application (I.A. 2219/2020) filed by the Commercial Tax & GST Officer, Bhubaneshwar, Odisha, against Reliance Telecom Limited (Corporate Debtor) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The applicant sought condonation of delay in filing their claim in the Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated against the Corporate Debtor on 15.05.2018. The applicant claimed they were unaware of the CIRP until July 2020, after which they submitted their claim on 12.08.2020. The Resolution Professional (RP) rejected the claim, citing that the resolution plan was approved on 04.03.2020 and the claim was submitted after the approval.

## Facts

The Commercial Tax & GST Officer, Bhubaneshwar, Odisha, filed a claim against Reliance Telecom Limited (Corporate Debtor) for outstanding tax liabilities. The Corporate Debtor was carrying on business activities in Odisha and was registered under the Orissa Value Added Tax Act. The Corporate Debtor was re-assessed under the Orissa Entry Tax Act, 1999, for the tax period of 01/04/2005 to 30/11/2009. The applicant issued various demand notices to the Corporate Debtor in 2019, but no payment was made. The applicant claimed they became aware of the CIRP in July 2020 and submitted their claim on 12/08/2020. The CIRP against the Corporate Debtor was initiated on 15/05/2018. The last date for submission of claims was 21/05/2019, and the resolution plan was approved by the

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## Issues and analysis

### Issue 1: Whether the delay in filing the claim …

**Ratio:** The IBC is a time-bound process, but there are circumstances in which the time can be

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**Reasoning:** The court reasoned that the demand was available in the records of the Corporate Debtor,

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**Interpretation:** The court interpreted the provisions of the IBC and IBBI Regulations regarding

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**Application:** The court applied the ratio to the facts of the case, considering the reasons

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Commercial Tax &…
- **Respondents:** Reliance Telecom…; Sh. Ashish…

## Timeline

- **2018-05-15 — CIRP Init…**: Tribunal initiated the CIRP…
- **2019-05-07 — Public Annou…**: RP issued Public…

## 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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