# THE ASSISTANT COMMISSIONER OF CENTRAL TAX, CGST DIVISION vs. SREENIVASA RAO RAVINUTHALA AND ANOTHER

> SC judgment dated 2026-10-14. Citation: TCN-2026-SC-00115. The Civil Appeal originated from a final Judgment and Order dated 02.08.2023, passed by the…

- **Court:** SC
- **Order date:** 14 Oct 2026
- **Citation:** TCN-2026-SC-00115
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/the-assistant-commissioner-of-central-tax-cgst-division-o4jrs

## Summary

### Background

The Civil Appeal originated from a final Judgment and Order dated 02.08.2023, passed by the National Company Law Appellate Tribunal (NCLAT), Chennai, in Company Appeal (AT) (CH) (INS) No. 346 of 2021. The appeal was filed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Corporate Debtor, M/s Samyu Glass Private Limited, faced excise recovery proceedings from the Central Excise and Service Tax Department. Subsequently, Andhra Bank (now Union Bank of India), a Financial Creditor, initiated Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC. The NCLT, Hyderabad, approved a Resolution Plan on 13.08.2021, which was later confirmed by the NCLAT on 02.08.2023. The Appellant (Revenue) challenged this Resolution Plan by filing the

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## Facts

The Civil Appeal arises from the final Judgment and Order dated 02.08.2023, passed by the National Company Law Appellate Tribunal (NCLAT), Chennai, in Company Appeal (AT) (CH) (INS) No. 346 of 2021.

The appeal was filed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC).

The Civil Appeal was filed on 21.11.2023.

Respondent No. 2 raised a preliminary objection on limitation.

The Corporate Debtor, M/s Samyu Glass Private Limited, manufactured high-quality glass containers and was registered as an Export Oriented Unit.

Between 2013 and 2017, the Central Excise and Service Tax Department initiated multiple excise recovery proceedings against the Corporate Debtor.

Around November/December 2016, the Corporate Debtor stopped its manufacturing activity.

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## Issues and analysis

### Issue 1: Whether the Civil Appeal filed by the Appellant is barred by limitation under Section 62 of the …

**Ratio:** The Civil Appeal is barred by limitation as it was filed beyond the absolute outer limit

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**Reasoning:** The NCLAT order was pronounced on 02.08.2023. The Appellant applied for a certified copy

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**Interpretation:** Section 62 of the IBC provides an initial limitation period of 45 days from the

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**Application:** In this case, the 35 days of inaction by the Appellant before applying for the

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## Parties

- **Judges:** S.V.N. BHAT…; N. V. ANJAR…
- **Appellants:** THE ASSISTANT…
- **Respondents:** M/s Samyu Glass…; Sreenivasa Rao…
- **Other parties:** Andhra…; Union Bank of…
- **Advocates:** Saurav…; Ritin…

## Timeline

- **2013-2017 — Excise Recovery…**: Central Excise and Service Tax Department initiated multiple excise recovery proceedings…
- **2016-11 — Cessation of Manufacturi…**: Around November/December 2016, the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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