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    <title>2026 (7) TMI 105 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI (LB)</title>
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    <description>A statutory first charge under Section 82 of the CGST Act does not confer secured creditor status in insolvency where the provision is expressly subject to the Insolvency and Bankruptcy Code, 2016. The tax department&#039;s dues therefore remained payable only in the manner prescribed under the Code and were correctly treated as operational debt, not secured debt. The Resolution Professional was also justified in rejecting a revised tax claim introduced during the CIRP moratorium, since such a claim could not be entertained in view of the moratorium. The approved resolution plan was held to be consistent with the insolvency framework, and no interference was warranted.</description>
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      <description>A statutory first charge under Section 82 of the CGST Act does not confer secured creditor status in insolvency where the provision is expressly subject to the Insolvency and Bankruptcy Code, 2016. The tax department&#039;s dues therefore remained payable only in the manner prescribed under the Code and were correctly treated as operational debt, not secured debt. The Resolution Professional was also justified in rejecting a revised tax claim introduced during the CIRP moratorium, since such a claim could not be entertained in view of the moratorium. The approved resolution plan was held to be consistent with the insolvency framework, and no interference was warranted.</description>
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