Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Step 1 – Issue Identification & Review
The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.
• Review the issues identified by the AI • Add, edit, remove, or refine issues as required
Step 2 – Draft Generation
Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.
• Relevant statutory provisions • Judicial precedents and Supreme Court, High Court and other citations • Issue-wise legal analysis • Practical arguments and supporting content • Professionally structured draft ready for further review.
Appellate Tribunal Grants Exclusion & Extension in CIRP Due to COVID-19 The Appellate Tribunal allowed the appeal by the Committee of Creditors, granting an exclusion of 203 days from the Corporate Insolvency Resolution ...
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Provisions expressly mentioned in the judgment/order text.
Appellate Tribunal Grants Exclusion & Extension in CIRP Due to COVID-19
The Appellate Tribunal allowed the appeal by the Committee of Creditors, granting an exclusion of 203 days from the Corporate Insolvency Resolution Process (CIRP) period due to the COVID-19 lockdown and the Resolution Professional's illness. An extension of 90 days for the CIRP was also approved. The Tribunal emphasized the impact of the pandemic and lockdown on the CIRP progress, overturning the order dismissing the exclusion and extension application. The Appellant was instructed to proceed promptly with the CIRP, with the judgment forwarded to the Adjudicating Authority for implementation.
Issues: 1. Exclusion of period and extension of Corporate Insolvency Resolution Process (CIRP) due to COVID-19 lockdown.
Analysis: The appeal was filed by the Committee of Creditors (COC) of a Corporate Debtor seeking exclusion of the lockdown period and extension of the CIRP period due to the impact of COVID-19. The Resolution Professional had fallen sick and tested positive for COVID-19, which hindered the progress of the CIRP. The Appellant argued that despite efforts to continue work during quarantine, his ill health impeded the process. The COC passed a resolution for exclusion of the lockdown period and extension of time to conclude the CIRP. The Appellate Tribunal considered the circumstances, including the impact of the pandemic and the nationwide lockdown, on the Resolution Professional's ability to conduct the CIRP effectively. The Tribunal noted that the COC had not been dissolved and that the lockdown had halted business activities, justifying the need for an extension. The Tribunal held that the impugned order dismissing the application for exclusion and extension could not be sustained.
The Tribunal allowed the appeal, setting aside the impugned order. It granted an exclusion of 203 days from the CIRP period, starting from 15th March, 2020, until 4th October, 2020, inclusive of the period when the Resolution Professional was incapacitated due to COVID-19. Additionally, the Tribunal allowed an extension of the CIRP period by 90 days. The Appellant was directed to proceed with the CIRP promptly. The Tribunal ordered the copy of the judgment to be sent to the Adjudicating Authority for compliance.
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