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In the matter of Indo International Tobacco Limited

National Company Law Tribunal3 April 2025

Ratio decidendi

The rule this decision rests on

The Tribunal declined to exercise its jurisdiction under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 over an application seeking directions for the release, lifting, or disposal of goods seized and confiscated by the GST department, holding that the matter concerns adjudication of alleged GST violations and that the liquidator must approach the GST authorities for appropriate relief.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHICOURT-IVITEM No. 301IA/1487/ND/2025 IN IB/720/ND/2021IN THE MATTER OF:Shrill investments limited .... ApplicantVersusIndo International tobacco limited RespondentUnder Section 7 of the Insolvency & Bankruptcy Code, 2016Order delivered on 03.04.2025CORAM:SHRI MANNI SANKARIAH SHANMUGA SUNDARAMHON'BLE MEMBER (JUDICIAL)SHRI ATUL CHATURVEDIHON'BLE MEMBER (TECHNICAL)HYBRID HEARING (PHYSICAL & VC)PRESENT:For the Applicant :For the Respondent :For the Liquidator : Ms. Aditi Sharma AdvORDER

IA/1487/ND/2025 Ld. Counsel for the Liquidator is present physically. This Application has been filed on behalf of the Liquidator under Section 60(5) of the Insolvency & Bankruptcy Code, 2016 to direct the GST department, Gautam Budh Nagar to lift the confiscated and seized stock comprising of Cigarette and smoking mixture from the rented warehouse premises of the corporate debtor with the following prayer:- a. Direct the GST department, Gautam Budh Nagar to lift the confiscated and seized stock comprising of Cigarette and smoking mixture from the rented warehouse premises of the corporate debtor at Plot No. 56, Habibpur, Greater Noida, Gautam Budh Nagar, Uttar Pradesh-201306 within 2 weeks from the date of the order; OR Abhishek allow the applicant to dispose off/destroy the seized stock which is property of the GST Department, Gautam Budh Nagar comprising of Cigarette and smoking mixture lying at the rented warehouse premises of the corporate debtor at Plot No. 56, Habibpur, Greater Noida, Gautam Budh Nagar, Uttar Pradesh-201306, since the same is not fit for human consumption and does not carry any realizable value, without any further consequence on the corporate debtor herein. a. Pass any such further orders as this court may deem fit and proper in the facts and circumstances of the present case. Considering the submissions made on behalf of the Liquidator, and since the matter pertains to adjudication on matters related to certain violation of GST, therefore, this Tribunal is not inclined to consider the present Application. Liquidator is directed to approach the GST Department for appropriate consideration. Accordingly, IA/1487/ND/2025 is dismissed.

Sd/- Sd/- (ATUL CHATURVEDI) (MANNI SANKARIAH SHANMUGA SUNDARAM) MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Abhishek

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