NCLAT dismisses tax claim against RCom after initiation of insolvency proceedings

The NCLAT has dismissed the plea of ​​the state tax department claiming dues from Reliance Communications (RCom). The claim of dues against the company was based on an assessment made after the insolvency proceedings began.

A two-member NCLAT bench upheld the order of the Mumbai bench of the National Company Law Tribunal (NCLT), which had rejected the state tax department's claim of Rs 6.10 crore.

The Corporate Insolvency Resolution Process (CIRP) against RCom was initiated on June 22, 2019. After this, the state tax department had filed two claims. The first claim was for Rs 94.97 lakh on July 24, 2019 and the second claim was for Rs 6.10 crore on November 15, 2021. The second claim was based on the assessment order dated August 30, 2021.

The NCLT had admitted the first claim, which was passed before the initiation of the CIRP. However, it did not admit the second claim which was based on the assessment order passed in 2021.

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