Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

The Appellant's claim for stamp duty was filed belatedly, around ...


Belated govt claim for stamp duty rejected after approved insolvency resolution plan implemented.

Case Laws     IBC

October 16, 2024

The Appellant's claim for stamp duty was filed belatedly, around 30 months after the public notice, without any plausible reason for the delay. The Appellant failed to provide a satisfactory explanation for the belated filing of the claim. The Resolution Plan had already been approved by the Committee of Creditors (CoC) and the Adjudicating Authority, taking into account the commercial wisdom and haircut for all stakeholders, including government dues. The Resolution Plan was implemented by the Successful Resolution Applicant (SRA). The Appellate Tribunal found no merit in the appeal and dismissed it, as the Resolution Plan had been approved much earlier than the Appellant's claim submission, and the intended haircut was accepted by all stakeholders, including the Appellant's dues.

View Source

 


 

You may also like:

  1. The Appellate Tribunal dismissed the appeal, holding that the appellant's claim for outstanding income tax demands against the corporate debtor could not be admitted...

  2. Implementation of the Resolution Plan and change in management and control - Demand of customs duty - The appellant did not file any claim during the insolvency process,...

  3. The case pertains to the extinguishment of claims under the Insolvency and Bankruptcy Code (IBC) against Ruchi Soya Industries Limited, after the acceptance of the...

  4. Recovery of excise duty, which got extinguished on approval of resolution plan - Section 31(1) of the IBC, 2016 mandates that the resolution plan approved by the NCLT...

  5. Claim of appellant rejected on the ground that Resolution Plan has been approved by the CoC - right to claim consideration of claim again in third round - NOIDA’s status...

  6. Once the resolution plan is approved under the Insolvency and Bankruptcy Code, any outstanding claims, including those under the Gujarat Value Added Tax Act for...

  7. This case deals with the extinguishment of demands due to the non-filing of claims by the revenue during the Corporate Insolvency Resolution Process (CIRP) under the...

  8. Resolution plan approved by Committee of Creditors (CoC) with 97.54% vote share. Commercial wisdom of CoC in approving resolution plan not to be lightly interfered with....

  9. Once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. This...

  10. Appellants filed claims after the cut-off date for submission of claims in the insolvency resolution process. The approved resolution plan kept such delayed claims alive...

  11. The High Court examined the issue of liability to clear statutory dues post-insolvency proceedings under the Insolvency and Bankruptcy Code 2016. The resolution plan...

  12. The court held that the Committee of Creditors (CoC) rightly considered and rejected the resolution plan submitted by M/s. Saverni Neutech Pvt. Ltd. and approved the...

  13. The High Court held that once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan...

  14. Statutory framework under Insolvency and Bankruptcy Code (IBC) examined. Settlement proposal by appellant rejected by Committee of Creditors (CoC) u/s 12A, as it sought...

  15. Validity of Assessment Order u/s 143(3) once the Resolution Plan is approved under the Code - CIRP proceedings under IBC - The resolution plan approved by the NCLT is...

 

Quick Updates:Latest Updates