Mr. Vijay P. Lulla, RP of Technovaa Plastic Industries Pvt. Ltd. – NCLT Ahmedabad Bench

NCLT held that we also noted that three IAs i.e. IA No. 88 of 2020, IA No. 89 of 2020 and IA 61 of 2020 were pending wherein issue of denial of input credit by the GST Department to the Applicant for the reason that Corporate Debtor had not deposited the tax nor it had uploaded the GST returns were also pending. We heard the learned counsel for the Applicant in these IAs. In some cases the claims were made before finalisation/approval of Resolution Plan which remained to be considered. In one case, the claim has been received after the approval of Resolution Plan. It is noted that certain amount has been allocated for Operational Creditors. We, accordingly, direct RP to consider the claims made in these IAs while distributing the amount to Operational Creditors in the same proportion as applicable to the Other Operational Creditors. Accordingly, these IAs are disposed of in terms indicated above. One IA No. 344 of 2020 is regarding the claims of State Tax Officer for consideration of its claim filed belatedly. The same shall be considered separately on 29.09.2020. Registry is directed to list the matter on that date. 

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