TaxTMI 
TaxTMI 
2022 (4) TMI 777
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....y the Financial Creditor (FC), SREI Infrastructure Finance Ltd., the same being CP(IB) No. 20/GB/2017, against the Applicant/CD herein - Assam Company India Ltd. before this Tribunal and this Tribunal by an order dated 26.10.2017 admitted the said application and initiated CIRP against the Applicant and declared moratorium under Section 14 of the Code. By the said order, this Tribunal also appointed an Interim Resolution Professional (IRP) for collating the claims of the Applicant. 3. During the CIRP, the respondents did not file its claim with the IRP. Thereafter, the IRP was replaced by the Resolution Professional (RP) who floated Expression of Interest for inviting potential Resolution Applicants for submitting their Resolution Plans and pursuant to such Expression of Interest, the Resolution Plan as submitted by BRS Ventures Investment Ltd. [BRS Ventures), a Company incorporated in United Arab Emirates (UAE) and having its Registered Office at Unit S503A, Level 5, Emirates Financial Towers, Dubai International Finance Centre, P.O. Box No. 507117, Dubai, UAE was duly accepted by the Committee of Creditors (COC) through an e-voting meeting held on 10.08.2018. Subsequently, the s....
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.... Financial Year 2016-17 to 2021-2022. ii) Demand Notice No. RO/DBR/T-296/92-93/16 dated 08.02.2021 issued to the Thannai Tea Estate claiming Rs. 2,00,500.00 (Rupees Two lac Fifty thousand Five hundred only) for the Financial Year 2016-17 to 2021-2022. iii) Demand Notice No. RP/DBR/T-69/90-91/356/3036 dated 08.02.2021 issued to the Barbaruah Tea Estate claiming Rs. 2,00,400.00 (Rupees Two lac Four hundred only) for the Financial Year 2016-17 to 2021-2022. iv) Demand Notice No. RP/DBR/T-645/94-95/311/3040 dated 10.02.2021 issued to the Rungagora Tea Estate claiming Rs. 4,00,400.00 (Rupees Four lac Four hundred only) for the Financial Year 2016-17 to 2021-2022. v) Demand Notice No. RP/DBR/T-26/90-91/286/3041 dated 10.02.2021 issued to the Dinjan Tea Estate claiming Rs. 1,50,400.00 (Rupees One lac Fifty thousand Four hundred only) for the Financial Year 2017-18 to 2021-2022. vi) Demand Notice No. RP/DBR/T-90/90-91/356/332/3042 dated 10.02.2021 issued to the Digulturung Tea Estate claiming Rs. 6,00,300.00 (Rupees Six lac Three hundred only) for the Financial Year 2017-18 to 2021-2022. 9. The Respondent No. 3 has also issued a demand notice No. RO/SBR/431(Pt.I)/08-09/590 on 10....
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....n Plan which states that in accordance with the forgoing, all claims (whether final or contingent, whether disputed or undisputed and whether or not notified to or claimed against ACIL) of all Government Authorities (including in relation to Taxes, and all other dues and statutory payments to any Government Authority) relating to period prior to the Effective Date, shall stand fully and finally discharged and settled. To the contrary, the Respondents in the instant case have deliberately omitted consideration/adherence to the said clause and the express order passed by this Hon'ble Tribunal in IA No. 32 of 2020, while concluding the assessment order and have erringly held that the instant claim is made after the effective date which is manifestly against the true nature, spirit and scope of the order. Therefore, the Respondents had no reason to raise demand for Rs. 33,24,164.00 (Rupees Thirty Three lac Twenty Four thousand One hundred Sixty Four only) as Consent Fees for the financial year ending 31st March, 2018, assessment year 2018-19 which is prior to the effective date i.e. 20.09.2018, the date of the order passed by this Hon'ble Tribunal approving the resolution plan.....
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....e. 12.1.2 In accordance with the forgoing all claims (whether final or contingent, whether disputed or undisputed and whether or not notified to or claimed against ACIL) of all Government Authorities (including in relation to Taxes, and all other dues and statutory payments to any Government Authority) relating to the period prior to the Effective Date, shall stand fully and finally discharged and settled." 17. It is also observed that in the approved Resolution Plan, it was clearly stated that barring aside the claims admitted and forming part of the Resolution Plan any other claim and/or demand prior to the effective date shall stand extinguished. Under these circumstances, the applicant has filed the present application with the prayers as aforesaid. 18. While the matter came up on 26.11.2021, both the parties were directed to sit together and decide the dues and settle the matter in accordance with the provisions of IBC. The Applicant was also directed to pay the amount of dues so arrived at without further loss of time. The Respondents were also directed to find out the left over amount of dues and to intimate the same to the Petitioner. 19. In pursuance of the directions....