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.
Tribunal rules on billing during insolvency proceedings, limits recovery and disconnection actions. The Tribunal disposed of the appeal, emphasizing that the Respondent could issue bills for any remaining dues during the CIRP period but was not entitled ...
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Provisions expressly mentioned in the judgment/order text.
Tribunal rules on billing during insolvency proceedings, limits recovery and disconnection actions.
The Tribunal disposed of the appeal, emphasizing that the Respondent could issue bills for any remaining dues during the CIRP period but was not entitled to recover pre-CIRP dues or disconnect electricity without a filed claim. The prayers in the application regarding pending dues did not require consideration in light of the above findings.
Issues: The appeal against the order dismissing the application filed by the 'Resolution Professional' (RP) regarding pending dues during the Corporate Insolvency Resolution Process (CIRP) period and post-CIRP monitoring period, along with the issue of electricity disconnection by the Respondent.
Pending Dues Issue: The appeal was filed by the 'Successful Resolution Applicant' (SRA) seeking reconciliation and submission of pending amounts due during the CIRP period and post-CIRP monitoring period. The Appellant claimed to have paid the electricity dues during the CIRP period, but the payment was made post-approval of the Plan. The Appellant argued that the application should not be rejected based on non-payment of pre-CIRP dues, as no claim was filed by the Department during the CIRP.
Electricity Disconnection Issue: The Respondent confirmed that bills were paid, and electricity was never disconnected. However, it was highlighted that the Promoters should have disclosed the dues in the 'Information Memorandum.' The Tribunal acknowledged the payment of dues during the CIRP period by the Appellant and stated that any remaining amount due could be billed and collected by the Department. It was clarified that the Respondent could not recover pre-CIRP dues or disconnect electricity for non-payment in the absence of a claim during the CIRP.
Conclusion: The Tribunal disposed of the appeal, emphasizing that the Respondent could issue bills for any remaining dues during the CIRP period but was not entitled to recover pre-CIRP dues or disconnect electricity without a filed claim. The prayers in the application regarding pending dues did not require consideration in light of the above findings.
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