Department Of State Tax vs Leo Duct Engineerings And Consultant ...
- CitationCompany Appeal (AT) (Insolvency) No. 1223 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal's reasoning rests on the following: where a liquidator has announced the claims deadline and that deadline has passed, a claim filed after the deadline may be rejected where distribution of the liquidation estate has already taken place in the interval between the deadline and the late filing, and an Adjudicating Authority that so finds commits no error in rejecting an application seeking to have the late claim entertained.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Department of State Tax Through Deputy ....Appellant Commissioner of State Tax Vs. Leo Duct Engineers & Consultants Ltd & Anr. ...Respondents For Appellant Ms. Shwetal Shepal, Advocate. For Respondents Mr. Pramod Rasam, Mr. Nirmal Chopda, Advocates for Liquidator.
ORDER
(Hybrid Mode)
12.07.2024: I.A. No. 4406 of 2024:- This is an application praying for
Condonation of Delay in filing the appeal. The order impugned was passed on
11.10.2023 and this Appeal has been filed on 19.11.2023 with delay of 9 days.
Counsel for the Appellant submits that the Appellant being Department of
State Tax has to obtain various document and necessary approvals in which
time was taken. Cause shown sufficient. Delay is condoned. IA No. 4406 of
2024 is disposed of.
Company Appeal (AT) (Insolvency) No. 1223 of 2024 :-
This appeal has been filed against the order dated 11.10.2023 passed
by the Adjudicating Authority (National Company Law Tribunal) Mumbai
Bench-I, by which application IA No.790 of 2022 filed by the Department of 2
State Tax has been rejected. Department of State Tax has filed the claim on
07.04.2021.
2. In the present case, the announcement was made by the liquidator on
14.08.2019 and the claim was to be filed by 12.09.2019. The department
could file the claim only in the year 2021. The Adjudicating Authority rejected
the application observing that the distribution has already taken place and
liquidator could not have admitted the claim filed with such delay.
Adjudicating Authority has returned a finding that the distribution took place
between February 2020 to September 2020 except a Not Readily Realisable
Assets.
3. In facts of the present case, we are of the view that no error has been
committed by the Adjudicating Authority in rejecting IA No.790 of 2022.
4. There is no merit in the appeal. The appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
Anjali/nn
Company Appeal (AT) (Insolvency) No. 1223 of 2024 & I.A. No. 4075, 4406 of 2024
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