The liquidation process under the Insolvency and Bankruptcy Code, 2016 is a time-bound mechanism, and claims not filed within the prescribed time period should not be entertained, even if the applicant is a government authority.

In

Company Petition (IB) No. 1348/KB/2019

An application under Section 42 of the Insolvency and

Bankruptcy Code, 2016

IN THE MATTER OF:

Meti Finance Private Limited

… Financial Creditor.

Versus

Crystal Cable Industries Limited

… Corporate Debtor.

And

IN THE MATTER OF:

Assistant Commissioner, CGST & CX, B.B.D Bag -II Division, Kolkata North Commissionerate, GST Bhawan, 180, Shantipally, Rajdanga

Main Road, Kolkata-700107

… Applicant.

Versus

Shri Anil Anchalia, Liquidator of M/s. Crystal Cable Industries

Limited, 16B, Robert Street, 2^nd Floor, Kolkata-700012

… Respondent/Liquidator

Date of Pronouncement: May 20, 2024.

CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL

SHRI. D. ARVIND, HON’BLE MEMBER (TECHNICAL)

APPEARANCE:

For CGST Authority (Applicant): Mr. Tapan Bhanja, Adv.

Mr. U.S. Bhattacharya, Adv.

For the Liquidator (Respondent): Mr. Anil Anchalia.

In Company Petition (IB) No. 1348/KB/2019

ORDER

Per: Bidisha Banerjee, Member (Judicial):

1. The Court congregated through a hybrid mode.

2. Heard the Learned Counsel for the parties.

3. The instant application has been preferred by the Applicant, Assistant Commissioner, CGST & CX, B.B.D Bag-II Division, Kolkata North Commissionerate against Shri Anil Anchalia, Liquidator of M/s. Crystal Cable Industries Limited under Section 42 of the Insolvency and Bankruptcy Code, 2016, for brevity “I&B Code” seeking the following reliefs:

a) To pass an order for condoning the delay in filing the claim before the Liquidator and to direct the Liquidator to accept the claim of the Department and to consider the claim of the Department on an urgent basis.

b) Delay if any, in preferring the instant application be condoned by the Tribunal for the interest of justice.

c) To pass an order for setting aside the communication dated

08.02.2023 issued by the respondent Liquidator.

FACTS IN NUTSHELL:

4. M/s. Crystal Cable Industries Limited (now in Liquidation) is a registrant under the Goods and Services Tax, having GSTIN- 19AABCC2379N1Z7, has collected an amount of GST from the customers in the Indirect Tax Regime.

5. The Applicant received a letter on 18.03.2020 from Mr. Mahesh Chand Gupta, erstwhile Resolution Professional of M/s Crystal Cable In Company Petition (IB) No. 1348/KB/2019 Industries Ltd., wherein, the Applicant was requested to file the claim for any outstanding demand in Form-B. On 15.07.2020, the Applicant filed its claim in Form-B before Mr. Mahesh Chand Gupta. Further, a revised claim was filed in Form-B before Mr. Anil Anchalia, who was appointed as Resolution Professional in place Mr. Mahesh Chand Gupta on

03.09.2020.

6. Being failed to resolute in CIRP, the Corporate Debtor was put into liquidation on 28.05.2021 and Mr. Anil Anchalia was appointed as the Liquidator of the Corporate Debtor. Vide an email dated 31.05.2021, the Liquidator, Mr. Anil Anchalia informed the Applicant that the public announcement had been made on 31.05.2021 and accordingly requested the applicant to file its departmental claim on or before 27.06.2021 in the prescribed form.

7. Further, the Liquidator through an email dated 28.06.2021, extended the last date of submission of the claim and requested the Applicant to submit its departmental claim in Form-C on or before

07.07.2021.

8. That on 08.02.2023, the Applicant filed its claim in “Form-C” before the Liquidator. However, the Liquidator on the same day through an email informed the Applicant that the claim was required to be filed within the due date i.e., 27.06.2021 which was revised and extended up to 07.07.2021. Since the liquidation process has already been over and the Applicant has failed to file its claim within the given time period, the Applicant’s claim cannot be considered and entertained as well at this juncture.

In Company Petition (IB) No. 1348/KB/2019 APPLICANT’S CONTENTION:

9. The Ld. Counsel for the Applicant would submit that the Department earlier had submitted their claim in Form-B on 15.07.2020 and also filed a revised claim on 03.09.2020. The Applicant’s department uninte