2019 (3) TMI 1691

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....s and Service Tax Department has filed an instant application with a prayer for direction to the IRP/RP to consider and admit its claim by including it in the list of the Operation Creditor of the Corporate Debtor. The claim of the department has been considered and rejected by communication dated 12.11.2018 on the ground that the claim has been filed belatedly. The aforesaid position emerges from reading of para 6, 7 & 8 which are quoted verbatim reads as under:- "This is in context with the Memorandum cum Notice dated 10 October 2018 submitted by you (Attached herewith) with ARGL Limited amounting to 1/ -along with interest and penalty. 1. This present reply is in pursuance of the above referred Memorandum cum Notice dat....

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.... Professional. 4. The Interim Resolution Professional in the present case was appointed vide orders of this Hon'b1e-Tribunals dated 16 March 2018 and the public announcement was made on 21 March 2018. Thus, the last date for submission of claims as per the public announcement was 30 March 2018. 5. Further, Regulations 12(2) of CIR Regulations specifies the timeline within which a claim must be submitted to the Resolution Professional by a creditor who fails to submit the claim with the timelines stipulated in the public announcement may submit the claim on or before the 90th day of the Insolvency Commencement Date, which in the present case is 16 March 2018. Thus, the time for submission of the claim even as per Regula....

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.... you that we are constrained to reject your claim in accordance with the Code and the regulations thereunder." It is true that the regulation 12(2) after amendment has granted liberty to a creditor who has failed to submit the claim with the proof within the time stipulated in the public announcement and such a claimant could submit the claim with proof to the IRP/ RP on or before 90th day of Insolvency commencement date. The aforesaid time obviously has expired as the CIR Process and in the present matter was commenced on 16.03.2018 and the claim were initially invited by fixing the last date as 30.03.2018. It is strange situation which is adopted by the RP because in the books of accounts the governmental dues are always reflected. It ....