https://www.taxtmi.com/caselaws?id=399891 Statutory tax dues were treated as operational debt under the Insolvency and Bankruptcy Code, 2016. The claim that section 48 of the Gujarat Value Added Tax Act, 2003 created a secured creditor status for the tax authority was rejected because section 238 of the Code overrides inconsistent State law provisions. Accordingly, the dues could not be asserted with priority or security in insolvency and had to be pursued before the resolution professional in the capacity of an operational creditor. The application was found meritless, with liberty to raise the claim in the insolvency resolution process in the proper form. en-us Mon, 17 Feb 2020 00:00:00 +0530 Thu, 22 Oct 2020 10:26:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=399891 Statutory tax dues were treated as operational debt under the Insolvency and Bankruptcy Code, 2016. The claim that section 48 of the Gujarat Value Added Tax Act, 2003 created a secured creditor status for the tax authority was rejected because section 238 of the Code overrides inconsistent State law provisions. Accordingly, the dues could not be asserted with priority or security in insolvency and had to be pursued before the resolution professional in the capacity of an operational creditor. The application was found meritless, with liberty to raise the claim in the insolvency resolution process in the proper form. Case-Laws Insolvency and Bankruptcy Mon, 17 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=399891