TMI Blog2021 (5) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... tion commencement date. The said fact has already been informed to the applicant and acceptance, if any, shall be against the Rule 16 of the IBBI (Liquidation Process) Regulations, 2016. However, on perusal of the record it is found that liquidator has already accepted the original claim for ₹ 97,95,135/- lodged by the applicant and the same is duly accepted and admitted. Under such circumstances, if any claim is accepted, in that event, the liquidator has to revise their stakeholders list but in contravention of Regulation which may further delay the process of liquidation and very objective of the Insolvency and Bankruptcy Code will be frustrated. Application dismissed. - IA No. 140 of 2020 in C.P. (LB) No. 196/NCLT/AHM/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assets, finances and the operations of the Corporate Debtor for determining the financial position of the Corporate Debtor, including information relating to financial and operational payments. However, the resolution professional has not taken any note of their dues while preparing list of creditors. 4. Applicant further submitted that the applicant has filed its claim in Form B under Regulation 7 of the Insolvency Bankruptcy Board of India (Insolvency Resolution for Corporate Persons) Regulations, 2016 dated 30.04.2019. The copy of the said form is annexed at page 15 of the application. 5. It is further submitted that the Resolution Professional vide its email dated 16.12.2019, informed the applicant with regard to the rejection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has made further claim of ₹ 8,77,004/- on 14.12.2019 which said claim was not admitted due to following reason: a) The liability of ₹ 8,77,004/- did not exist as on the liquidation commencement date. In fact, it came in to existence on 30.11.2019, which is 8 months after the liquidation commencement date. b) The claim was lodged more than 8 months after the last date of the submission of claim. c) The assessment for demand of ₹ 8,77,004/- was made ex-parte without any reference to the liquidator. At no stage had the Sales Tax Department communicated with the liquidator before raising their additional belated demand and claim. 9. It is submitted by the liquidator that the assessment for the year 2014-2015, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation Process) Regulation, 2016. Moreover, the claim has originated on 30.11.2019, these were not in existence as on the liquidation commencement date. The said fact has already been informed to the applicant and acceptance, if any, shall be against the Rule 16 of the IBBI (Liquidation Process) Regulations, 2016. However, on perusal of the record it is found that liquidator has already accepted the original claim for ₹ 97,95,135/- lodged by the applicant and the same is duly accepted and admitted. The said fact is reflected from the letter of the liquidator dated 16.12.2019 page no. 25 of the application itself. Since their claim pertained to the demand of F.Y. 2014-2015, thereafter further assessment for year 2015-2016 and 2016-2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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