2023 (11) TMI 726

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....4545, 4455 of 2023 - -<br>Insolvency & Bankruptcy<br>[ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Ms. Shwetal Shepal , Advocate For the Respondents : Mr. Anand Singh Sengar , Advocate for RP. Mr. Puneet Singh Bindra , Mr. Rishabh Gupta and Mr. Someer Sethi , Advocates for SRA ORDER Heard learne....

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....Officer vs. Rainbow Papers Ltd". 3. Learned counsel for the Respondent submits that similar issue has been decided by this Tribunal by judgment dated 07.02.2023 in Company Appeal (AT) (Ins.) No.246 of 2022 where appeal filed by the Department of State Tax challenging approval of Resolution Plan on the same ground has been rejected. 4. We have considered the submissions of learned counsel for....

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....h took place in the CIRP and the claim which was admitted in the CIRP. In "Rainbow Paper Limited" (supra), Section 48 of the GVAT Act was relied, which has been quoted in paragraph 2 of the Judgement which is to the following effect: "The short question raised by the appellant in this appeal is, whether the provisions of the IBC and, in particular, Section 53 thereof, overrides Section 48....

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....sum, payable by a dealer or any other person under this Act, shall be the first charge on the property of the dealer, or as the case may be, person." 9. When we compare the provisions of Section 48 of the provision of Gujarat Values Added Tax which was relied in "Rainbow Papers Limited" and the Provisions of Section 37 which is sought to be relied on in the present Appeal, distinction bet....