National Company Law Appellate Tribunal
Pr. Commissioner Of Income Tax-1 vs Sumat Gupta (Resolution Profession Of ... on 2 January, 2023
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH,
NEW DELHI
Company Appeal (AT) (Ins.) No. 1531 of 2022
&
I.A. No. 4880 of 2022
IN THE MATTER OF:
Pr. Commissioner of Income Tax-1,
Chandigarh ...Appellant
Versus
Sumat Gupta
RP of M/s International Mega Food Park Ltd. ...Respondent
Present:
For Appellant: Mr. Sanjay Kumar & Easha, Standing Counsel for
Income Tax Department.
For Respondent: None for Respondent.
ORDER
Per: Justice Rakesh Kumar Jain:
02.01.2023: This appeal is directed against the order dated 04.08.2022, by which an application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') by the Resolution Professional (RP) vide I.A. No. 460 of 2020 was allowed. The appeal is accompanying three applications i.e. I.A. No. 4879 of 2022 for stay of the impugned order, I.A. No. 4855 of 2022 for condonation of delay of 23 days in re-filing of the appeal and I.A. No. 4880 of 2022 for condonation of delay of 59 days in filing of the appeal.
2. Since, other applications and the appeal itself cannot be heard until and unless the application for condonation of delay is condoned, therefore, we have requested counsel for the Appellant to address the argument on the said application.
3. Counsel for the Appellant has argued that the delay of 59 days caused in filing of the appeal is procedural and there is nothing deliberate on the part of the department. Counsel for the Appellant has relied upon the judgments in which the Hon'ble Supreme Court has said that meritorious matter may not be thrown at the threshold only on the ground of delay.
4. We have heard Counsel for the Appellant and perused the record with their able assistance.
5. In brief, Small Industries Development Bank of India (SIDBI), as a Financial Creditor filed an application under Section 7 of the Code, against International Mega Food Park Limited (Corporate Debtor), bearing CP (IB) No. 174/CHD/2018, which was admitted. Thereafter, an application bearing no. 460 of 2020 was filed by the RP in terms of Section 60(5) of the Code which was allowed by the Adjudicating Authority on 04.08.2022 and direction was issued to the Appellant (Commissioner of Income Tax-1, Chandigarh) to release the refund of an amount of Rs. 43,49,040/- with interest.
6. Section 61(2) of the Code deals with the period of limitation in filing of an appeal before the Appellate Tribunal. Section 61(2) provides 30 days' time for filing the appeal in routine whereas the proviso appended to Section 61(2) further provides a window of 15 days for condonation of delay in case a sufficient cause is made out by the Appellant. However, in the present appeal, the delay is of 59 days i.e. much beyond in period of 45 days and in view of the decision of the Hon'ble Supreme Court in Civil Appeal No. 6187 of 2019 'National Spot Exchange Limited Vs. Mr. Anil Kohli, Resolution Professional for Dunar Foods Limited' there is hardly any scope in this application for the purpose of condonation of delay because the Hon'ble Supreme Court has said that the limitation beyond 15 days cannot be condoned.
7. Thus, in view of the aforesaid facts and circumstances, this Tribunal does not have the jurisdiction to consider the application of the Appellant for condonation of delay beyond the period of 15 days which is so provided in the proviso of Section 61(2) of the Code. No other point has been argued.
8. In view of the aforesaid facts and circumstances, the present application is found without any merit and the same is hereby dismissed. Since, we have dismissed the application for condonation of delay, therefore, the present appeal i.e. CA (AT) (Ins) No. 1531 of 2022 is not found duly constituted and hence, the appeal is also dismissed alongwith other two applications i.e. 4875 of 2022 for stay of impugned order and I.A. No. 4855 of 2022 for condonation of delay in re-filing of the appeal.
[Justice Rakesh Kumar Jain] Member (Judicial) [Mr. Naresh Salecha] Member (Technical) Sheetal/Manu