Page Contents
The amount of VAT had to be paid by the applicant Company to the customers. In that regard, it is questionable whether the amount of VAT is covered by the terms ‘debt in respect of payment of duties arising under any law for the time being in force and payable to the central government of any State Government,'[(Sec. 5(21)] in order to bring it within the definition of ‘operational debt,’ as defined in the Code.
This tax burden can very well be allowed to treat as the amount of tax already accrued by the applicant Company from its customers, on behalf of the Government of the State, and not the direct debt of the petitioner Company to the Government of the State.
In which case the tax liabilities of the petitioner Company, in respect of which the disputed garnishee order has been issued, may not fall within the scope of the definition.
Decisions cited by the learned counsel for the petitioner at Embassy Property Developments Pvt. The case of Ltd., and in the case of Monnet Ispat and Energy Ltd., is of no help to the applicant company as it relates to income tax fees, which were the direct debts of the corporate debtors in those cases.
Read Also: Drafting and Negotiating of Resolution plan under CIRP under IBC
It is also appropriate to mention here that Section 31(1) of the 2016 Code was amended empty IBC (Amendment) Act, 2019, in order to make the approved resolution plan binding on the government authorities in relation to the statutory fees. It is pursuant to this amendment that the rights of the Government Authorities for statutory fees have been affected and that right has been made subject to the approved resolution plan.
The said amendment was made effective from 16.08.2019, which is prospective in nature, and there was no express retroactive effect on the said amendment. This amendment removes the substantive right of the Government Authorities in relation to statutory fees and therefore any interpretations thereof. It would be unreasonable and unfair to give a retrospective effect to the said amendment.
Also, read the relevant blogs:
Corporate Guarantees under GST (Rule 28(2)) : When 2 Fictions Collide The Madurai Bench of the Madras High Court (Order… Read More
All about the Peer Review (PR) Process Preliminary Preparation : Download the complete UDIN list of all attest/signing assignments done… Read More
Widening the Scope of AQMM (v2.0) Key Announcement Earlier, AQMM was mandatory only for audit firms auditing Listed entities; Banks… Read More
Appointment and Role of the Interim Resolution Professional under the IBC Code, 2016 Introduction The world of business can be… Read More
Payments to Project Office (PO) of a Foreign Company in India Treatment of Payments to Project Offices of Foreign Companies… Read More
Applicability of Form 15CA / 15CB on Credit Card Payments for Foreign Subscriptions Rule 37BB Chart Applicability of Form 15CA… Read More