9911796707
TMI Blog2019 (3) TMI 1691X X X X Extracts X X X X X X X X Extracts X X X X ..... as commenced on 16.03.2018 and the claim were initially invited by fixing the last date as 30.03.2018. It is no where stated as to how the claims which are to be filed alone are to be collated in terms of Section 21. First of all, as a matter of fact as the first step the IRP/RP has to prepare the list in accordance with the books of accounts and then invite the claims otherwise the dues reflected in the books of accounts would be rendered completely meaningless - It is only in case there is any discrepancy in the books of accounts that the claim needs to be modified or additions are required to be made. The IRP/RP are directed to collate the claim of the Central Board of Goods and Service Tax the needful shall be done within three d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o crores twenty five lakhs eighty eight thousand and eleven Only) along with interest and penalty, which is now filed beyond the time lines stipulated by the insolvency and Bankruptcy Code 2016 (Code) or the resolutions framed thereunder. 2. Before referring to the facts, it is relevant to mention the relevant provisions of the Code and Regulations thereunder in terms of Section 13 of the Code it is the duty of the Resolution Professional to call for submission of claims from all creditors by making a public announcement inviting such claims. Section 15 in turn prescribes the mandatory contents of a public announcement. Section 15(1)(C) provides that the public announcement shall specify the last date for submission of claims as m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with effect from 4 July 2018.. Prior to the amendment the Regulation provided that a creditor who has failed to submit proof of claim within the time stipulated in the public announcement may submit such proof till the approval of a resolution plan by the committee of creditors. In the present case the regulation plan was approved by the committee of creditors vide e-voting which concluded on 30 August 2018. Thus, even as per the Regulations prior to amendment the time for submission of the claim expired on 30 August 2018. 7. At this juncture, if we refer to the facts of the instant claim, the dame is filed in the prescribed statutory format i.e. form B for the first time only on I November 2018. In fact, the demand notice was al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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