Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Company Law

NCLAT Declines Interference in Liquidation Over Time-Barred Tax Claim

Case Law Details

TaxGuru Citation
2026 taxguru.in 2067
Case Name
State of Tamil Nadu Vs S. Muthuraju (NCLAT Chennai)
Date of Judgement/Order
Only available for paid members
Advertisement

State of Tamil Nadu Vs S. Muthuraju (NCLAT Chennai)

The appeal before the National Company Law Appellate Tribunal, Chennai Bench, arose from the rejection of a tax claim filed by the Appellant in the liquidation proceedings of a corporate debtor. The tax liabilities related to various assessment orders for assessment years from 2003–2004 to 2016–2017. The corporate debtor was ordered to be liquidated by the National Company Law Tribunal, Chennai, on 21.06.2018 in CP/611/IB/2017, and liquidation commenced on the same date. A public notice inviting claims was issued on 27.06.2018, fixing 26.07.2018 as the last date for submission of claims.

Despite the commencement of liquidation, the Appellant filed its claim only on 12.02.2020, nearly 351 days after the prescribed cut-off period. The liquidator rejected the claim on 17.02.2020 on multiple grounds: the claim was not filed in the prescribed form, it was not in accordance with the Insolvency and Bankruptcy Code and the applicable rules and regulations, and it was barred by limitation under Regulation 16(1) of the IBBI (Liquidation Process) Regulations, 2016. The rejection was duly communicated to the Appellant. No appeal was filed within the statutory period of 14 days provided under Section 42 of the Insolvency and Bankruptcy Code, 2016.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,137

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.