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NCLAT dismissed the appeal and upheld the impugned order validating the assignment of tax dues by R2 to R1. The Tribunal held that tax liabilities must ordinarily be collected under the governing taxing statute and that once CIRP commenced and a moratorium under s.14 operates, direct execution is prohibited; nonetheless R2 lawfully filed and the RP collated a claim in Form B for the crystallised liability. Having assumed the status of Operational Creditor, R2 could validly assign its debt to R1 under the Code, and the assignment agreement (with reimbursement/discount provisions) was not impermissible. The appeal lacks merit and is dismissed.
NCLAT dismissed the appeal and upheld the impugned order validating the assignment of tax dues by R2 to R1. The Tribunal held that tax liabilities must ordinarily be collected under the governing taxing statute and that once CIRP commenced and a moratorium under s.14 operates, direct execution is prohibited; nonetheless R2 lawfully filed and the RP collated a claim in Form B for the crystallised liability. Having assumed the status of Operational Creditor, R2 could validly assign its debt to R1 under the Code, and the assignment agreement (with reimbursement/discount provisions) was not impermissible. The appeal lacks merit and is dismissed.
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