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NATIONAL COMPANY LAW TRIBUNAL
Shri. Rajeev Bhardwaj, J, Shri. Sanjay Puri, T
Sri Ramesh Kanuparthi – Appellant
Versus
Assistant Commissioner of Commercial Taxes Karnataka – Respondent
| Table of Content |
|---|
| 1. joint applications filed regarding tax recovery under ibc. (Para 1 , 2) |
| 2. authority of tribunal to suspend recovery actions during cirp. (Para 3 , 4) |
| 3. moratorium effects on tax recovery assessments. (Para 10 , 38 , 39) |
| 4. legal classification and treatment of joint ventures under ibc. (Para 44 , 50) |
| 5. final ruling on tax demands against assets of the corporate debtor. (Para 54) |
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 ap
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