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2025 Supreme(Online)(NCLT) 6707

NATIONAL COMPANY LAW TRIBUNAL
M/s CONCENTRIX DAKSH SERVICES INDIA PVT LTD – Appellant
Versus
Principal Chief Commissioner of Central Taxes – Respondent
IA(I.B.C) - 33/2025



Advocates:
For the Petitioner:Sanjanthi Sajan Poovayya

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.12

I.A No.03/24, 33 & 45/25 in

CP (IB) No.148/BB/2017

IN THE MATTER OF:

Concentrix Daksh Services India Pvt. Ltd. … Petitioner

Vs

Le Ecosystem Technology India Pvt. Ltd. … Respondent

Petition under Section 7 of the I & B Code, 2016

Order delivered on: 26.11.2025

CORAM:

SHRI SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

COUNSELS PRESENT:

For the Liquidator : Mr. Vishal

For R2 in I.A No.03/24: Mr. S Narendra

ORDER

1. Heard Ld. Counsels for the parties.

2. I.A No.33/2025 is allowed and disposed of by separate order.

3. List on 15.12.2025 for orders in I.A No.45/2025

RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Gy

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH (Exercising powers of Adjudicating Authority under The Insolvency and Bankruptcy Code, 2016)

I.A. No. 33 of 2025 in C.P. (IB) No. 148/BB/2017 (Application under Sections 35(1)(b), (e), (k), (n) and Section 60 (5) the IBC, 2016, read with Rule 11 of the NCLT Rules, 2016)

IN THE MATTER OF LE ECOSYSTEM TECHNOLOGY INDIA PRIVATE LIMITED Represented by its Insolvency Resolution Professional & Liquidator, Mr. Srikantiah Shivaswamy, #RF4, Santara Magan Place, Hulimavu, Bangalore - 5600 … Applicant Versus

1. Principal Chief Commissioner of Central Taxes, GST Head Quarters, No. 1 Queens Road, CR Building, Bengaluru– 560001.

2. Deputy Commissioner of Service Tax, Division C, Service Tax II Commissionerate, Office of the Commissioner of Service Tax, 3rd Floor, TTMC, BMTC Complex, Domlur, Bangalore – 560071

3. Assistant Commissioner of Service Tax, Division C, Service Tax II Commissionerate, Office of the Commissioner of Service Tax, 3rd Floor, TTMC, BMTC Complex, Domlur, Bangalore – 560071

4. Joint Commissioner of Central Taxes (System)

Bengaluru North Commissionerate, HMT Bhavan, Bengaluru – 560 032

5. Assistant Commissioner of Central Tax, North Division – 1, Bengaluru North, No. 29/2, 3rd Floor, Basaveswara Building, Bengaluru – 560001

6. The Commissionerate of GST (East)

Bengaluru East, Division 8, Range 2, Domlur, TTMC Building, BMTC Bus Stand, Old Airport Road, Domlur, Bengaluru – 560071. … Respondents Order delivered on: 26.11.2025 Coram: 1. Shri Sunil Kumar Aggarwal, Hon’ble Member (Judicial)

2. Shri Radhakrishna Sreepada, Hon’ble Member (Technical)

Parties/Counsels Present:

For the Liquidator : Shri Samjyor Lepcha O R D E R

1. The present application is filed by the Liquidator of Le Ecosystem Technology India Pvt.

Ltd. (“Corporate Debtor”) under Section 35(1) and Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The Applicant seeks directions to the Respondents to process the refund claim of the Corporate Debtor (Le Ecosystem Technology India Pvt. Ltd.) towards Service Tax for the period FY 2015–16, 2016–17 and 2017–18, amounting to Rs. 8,19,92,776/-, and to credit the same into the liquidation account for distribution amongst creditors.

2. Brief relevant facts of the Application are as follows: -

i. By order dated 09.11.2018, this Tribunal admitted an application filed by one of the operational creditors and commenced the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. The Applicant was appointed as the Interim Resolution Professional and subsequently confirmed as the Resolution Professional.

ii. On 28.06.2019, this Tribunal ordered the liquidation of the Corporate Debtor and appointed the Applicant as the Liquidator. The Liquidator initiated steps for forming the liquidation estate and for realizing all receivables of the Corporate Debtor for the benefit of its creditors.

iii. The balance sheet of the Corporate Debtor reflected significant receivables, notably Rs. 61,55,58,997/- crores from Le Corp, Hong Kong, the parent and major customer. However, Le Corp was itself subjected to liquidation proceedings in Hong Kong with Grant Thornton as liquidator. Owing to negligible estate valu

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