2021 (5) TMI 715

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....of the applicant in full by condoning delay in filing the claim before the Resolution Professional. 2. The brief fact of the case is that, as alleged by the applicant that the Corporate Debtor is a defaulting assessee of the Gujarat State Tax Department for dues of Gujarat Value Added Tax and Central Sales Tax along with ta interest and penalty, it is submitted by the applicant that the dues of the applicant have been brought to the knowledge of the Corporate Debtor vide assessment order passed for assessment years 2014-2015, 2015-2016 and 2016-2017 along with the requisite notice in support of contention the applicant annexed as Annexure R1 i.e. a copy of demand notice for the year 2015-2016, 2016-2017 and statement of Additional/Revise....

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....ith the State Tax Department. The said dues are in nature of the statutory dues collected by the assesses from the consumer/public at large and in no case can be curtailed, reduced or rejected. The denial of such claim will be unjust enrichment of the Corporate Debtor and any of the Resolution Applicant who's plan is approved by the Hon'ble NCLT Bench unless it provides for dues of the applicant. 7. On receipt of the notice the liquidator appeared and filed his reply, and denied all the contents of the application. The liquidator submitted that the liquidation order was passed on 01.04.2019 and the last date for submission of the claim was 30.04.2019, in response to the advertisement, Sales Tax Department, Vapi lodged their claim....

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....t of the stakeholders has already been submitted before Adjudicating Authority on 13.05.2019. It is further submitted that as per Regulation 16 of the aforesaid Regulations, the claim has to be payable as on the liquidation commencement date 01.04.2019. Since the claim raised by the applicant is for the year 2015-2016, 2016-2017, the claim has originated on 30.11.2019 and as such they were not in existence as on the liquidation commencement date and hence, same cannot be accepted. 10. Heard both side gone through the record. It is matter of record that this Adjudicating Authority has passed an order of liquidation under section 33 and 34 of the Insolvency and Bankruptcy Code on 01.04.2019 appointing resolution professional to be continue....