Disposed

Vijaykumar v. Iyer Liquidator of Aditya Birla Idea Payments Bank Ltd(in Liquidation) v Registrar of Companies(Mumbai)

Bombay HC6 May 2024IA/1136/2024

Case brief

AI extract

What is this about?

Interlocutory order by the liquidator reporting a UP GST demand of principal, penalty and interest raised against a company in liquidation; credit balance used to offset the principal and an undertaking given to deposit penalty and interest. Application allowed to be amended to implead the GST Department and adjourned.

What the court decided

AI extract

Vijaykumar v Iyer Liquidator of Aditya Birla Idea… — Insolvency and Bankruptcy | Bombay HC (2024)

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10-IA-1136-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 1136 OF 2024 IN

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COMPANY PETITION NO. 1 OF 2019

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Vijaykumar V. Iyer Liquidator for Aditya Birla Idea Payments Bank Limited (In liquidation)

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...Applicant.

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V/s.

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Registrar of Companies (Mumbai)

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...Respondent.

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Mr. Gaurav Joshi, Senior Advocate a/w. Mr. Karl Tamboly, Mr. Peshwan Jehangir and Mr. Haabil Vahanvath i/b. Khaitan & Co., Advocate for Petitioner/Applicant.

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CORAM : ABHAY AHUJA, J. DATE : 19^th JULY, 2024

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P.C. :

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Pursuant to the order dated 8th May 2024, today when the matter is called out, Mr. Joshi, Learned Senior Counsel appearing for the Applicant-Liquidator and submits that an affidavit with respect to the GST demand has been filed. Perusal of the same indicates that Uttar Pradesh Goods and Services Tax Department has on 22nd April 2024 raised a demand for excess claim of input tax credit for the year 201819 for an amount of Rs. 44,61,042/- as principal and Rs. 41,86,045/-

Talwalkar

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10-IA-1136-2024.doc

towards penalty and interest.

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Mr. Joshi, Learned Senior Counsel has drawn the attention of this Court to the paragraph-3 of the said affidavit where it has been submitted that the Petitioner Company has a credit balance of Rs. 49.31 Lakhs available in its Electronic Credit Ledger on the GST Portal which credit has been used to offset the principal demand on 27th June 2024. That with respect to the penalty and interest, the applicant undertakes on behalf of the Petitioner Company to deposit the amount levied towards penalty and interest in this court, provided the shareholders of the Company are permitted to pursue and continue the appropriate proceedings to challenge the demand.

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Since the Uttar Pradesh GST Department is not before this Court, on behalf of the applicant, it has been requested that the application be allowed to be amended.

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List on 9th August 2024 on the " Supplementary Board " . Let the draft amendments be furnished to this Court.

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(ABHAY AHUJA, J.)

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ARUNA SANDEEP TALWALKAR

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Digitally signed byARUNA SANDEEP TALWALKAR Date: 2024.07.20 17:09:47 +0530

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Talwalkar

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Vijaykumar v. Iyer Liquidator of Aditya Birla Idea Payments Bank Ltd(in Liquidation) v Registrar of Companies(Mumbai)

Case brief

What is this about?

What the court decided

Vijaykumar v. Iyer Liquidator of Aditya Birla Idea Payments Bank Ltd(in Liquidation) v Registrar of Companies(Mumbai)

Case brief

What is this about?

What the court decided

A compact analysis

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