Tax Dues in Liquidation Deemed Unsecured; VAT Over Sales Tax Priority; 330-Day Resolution Not Mandatory.

The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the issue of treatment of VAT/Sales Tax dues as secured or unsecured claims in a liquidation scenario. The Appellant's request to classify its claim as a secured creditor under Section 53 of the Insolvency and Bankruptcy Code was rejected. The Tribunal noted that claims arising from assessment orders during the moratorium period were rightly considered as unsecured operational debt. The Appellant's actions of attaching the corporate debtor's property during the moratorium were found to be in contravention of the Code. The Tribunal emphasized that the 330-day timeline in the Code is directory, not mandatory, and rejected the Appellant's contention that delays ..... .....

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