NATIONAL COMPANY LAW TRIBUNAL
Rajeev Bhardwaj, Sanjay Puri, JJ
Sri Ramesh Kanuparthi – Appellant
Versus
Assistant Commissioner of Commercial Taxes – Respondent
ORDER
1. Both I.A. No. 2295 of 2024 & I.A No. 2388 of 2024 are filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) by the Applicant/RP. These have been taken up together for decision as they are interlinked and connected.
2. The RP of M/s. Gayatri Projects Limited (Corporate Debtor/CD) filed the I.A. No. 2295 of 2024, seeking the following reliefs:
(i) To declare the Order dated 10.04.2024 and the consequent recovery proceedings under section 79(1)(c) of the CGST Act, 2017 issued to the Manager, State Bank of India, Belgaum vide Form GST DRC- 13 dated 13.07.2024 by Respondent No. 1 as illegal as the same are in violation of the provisions of IBC and therefore set them aside; and,
(ii) To set aside the Order dated 15.10.2024 issued by Respondent No. 2 rejecting the appeal preferred by the Corporate Debtor through its JV by insisting on the pre-deposit as inconsistent with the provisions of IBC and allow for the Corporate Debtor to contest the impugned order dated 10.04.2024 passed by Respondent No. 1.
3. The I.A. No. 2388 of 2024 is also filed by the Resolution Professional with the following prayers:
(i) To suspend the operation of Letter dated 13.07.2024 (Recov
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