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TMI Blog2020 (10) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal, as Section 42 has clearly laid-down, under which it is required of an Appeal to be filed within a period of 14 days from the decision of the Learned Liquidator. In view of the absence of any specific Application seeking for condonation of delay having been filed by the Applicant in approaching this Tribunal by way of an Appeal against the Order of rejection of its claim by the Liquidator beyond the prescribed period of 14 days and well settled principle that there is no equity about limitation , we are unable to entertain this Application/Appeal. In view of the IBC, 2016 being a time bound process as well as the Learned Liquidator being under a compulsion to complete the liquidation process within a period of one year from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the Appeal has being filed to be amended by mentioning Section 42 in the place of Section 60(5) in the title of the Appeal Petition. (ii) Pass further or other orders, as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case and render justice. 3. The prayer sought in MA/1294/2019 is only for the limited purpose of amending the Section in MA/533/2018 which has been wrongly entered as Section 60(5) of IBC, 2016 instead of Section 42 of IBC, 2016. Since the same is a typographical error as pointed out by the Learned Counsel for the Applicant, the MA/1294/2019 filed in MA/533/2018 stands allowed and it is taken on record that MA/533/2018 has been filed under Section 42 of IBC, 2016. 4. In relation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of the belief that the Liquidator is yet to place the same for consideration of this Hon'ble Tribunal and by considering the fact that the interest of the Revenue Department will be greatly prejudiced, the Applicant has filed the present Application for condonation of delay in filing the claim before the Liquidator. 6. It is to be noted that the reason stated by the Applicant in the Application for not submitting the claim in time is that by way of oversight the claim was filed belatedly . Taking into consideration the said statement made in the Application, this Tribunal vide order dated 12.12.2018 has passed the following order; Counsels for both the parties are present. Counsel For the Liquidator is directed to file the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter of Sales Tax Department, State of Maharashtra, through Deputy Commissioner of Sales Tax -vs- Raj Oil Mills Limited Ors. dated 20.03.2019 and more particularly enunciated in Para 30 of the said decision of the Hon'ble NCLAT which reads as follows:- 30. For the said very reason, we also hold that 'Income Tax Department of the Central Government' and the 'Sales Tax Department(s) of the State Government' and local authority', who are entitled for dues arising out of the existing law are Operational Creditor' within the meaning of Section 5(20) of the I B Code. 9. The Applicant is required to submit the claim to the Liquidator in such form and in such manner along with such supporting documents as spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is evident that no Application seeking for condonation of delay of 5 months has also been filed before this Tribunal, as Section 42 has clearly laid-down as noted above, under which it is required of an Appeal to be filed within a period of 14 days from the decision of the Learned Liquidator. 11. This Tribunal is also persuaded by the decision of the Hon'ble NCLAT in the matter of The Deputy Commissioner Commercial Taxes (Audit), Raichur Vs. Surana Industries Ltd. (In Liquidation) Anr. in Company Appeal (AT) (Insolvency) No. 1525 of 2019 dated 07.02.2020, wherein similar set of issue fell for consideration and the Hon'ble NCLAT on the ground that no specific application seeking condonation of delay was filed beyond the prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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