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NATIONAL COMPANY LAW TRIBUNAL
Siddharth Mishra, Technical Member, Bidisha Banerjee, Judicial Member
Deputy Commissioner of Commercial Taxes & GST – Appellant
Versus
Vinod Kothari – Respondent
| Table of Content |
|---|
| 1. procedural background and initiation of liquidation proceedings regarding government tax claims. (Para 1 , 2 , 3 , 4) |
| 2. parties argument regarding status as secured creditors based on statutory charges. (Para 5 , 6) |
| 3. court's interpretation of statutory charges versus consensual security interests under the ibc and the waterfall mechanism. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final determination regarding the dismissal of claims from tax authorities. (Para 16 , 17) |
O R D E R
Per: Bidisha Banerje, Member (Judicial)
1. The Court convened in hybrid mode today.
2. The application IA (IB) 1540/KB/2024 has been filed by the Deputy Commissioner of Commercial Taxes & GST, C.T & GST Circle, Mayurbhanj, Odisha, seeking for the following prayers:
“1. The Hon'ble Tribunal may be pleased to admit the Petition and direct the Respondent to treat its claim under Secured Creditor and update the list of stakeholders accordingly.
2. The Hon'ble Tribunal may be pleased to pass any other orders as this Hon'ble Tribunal deems fit and proper in the interest of Justice.”
3. The application IA (IB) 1314/KB/2024 has been filed by the State Tax Officer-1, Unit-39, Vadodara, seeking f
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