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| The Tax Publishers 2022 TaxPub(CL) 2866 (Guj-HC) COMPANIES ACT, 1956
Section 530
Official Liquidator filed an application in respect to consider claim of Gujarat Commercial Tax [GST] as preferential claim under section 530(1)(a) in the light of claim verification report submitted by Chartered Accountants, company in liquidation had also funds in respect of payment of the dues, the application was allowed.
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Preferential payments - Application in respect to consider claim of GST - Availability of fund in respect of payment of dues - Allowability
Official Liquidator filed an application in respect to consider claim of Gujarat Commercial Tax [GST] as preferential claim under section 530(1)(a) in light of claim verification report submitted by Chartered Accountants.. Having considered the submissions by advocates for the parties and the report of the Official Liquidator, the Official Liquidator is directed to consider the claim of Gujarat Commercial Tax (GST) as preferential claim in light of claim verification report submitted by M/s. Naimish Shah & Company, Chartered Accountants. Held: The Official Liquidator submitted that as on the date the fund position in the account of the company in liquidation was as under: FDR Rs. 1,47,00,000. Having considered submissions by the parties and the report of the Official Liquidator, the Official Liquidator was directed to consider the claim of Gujarat Commercial Tax (GST) as preferential claim in the light of claim verification report submitted by the Chartered Accountants.
REFERRED :
FAVOUR : In favour of applicant
A.Y. :
IN THE GUJARAT HIGH COURT
ANIRUDDHA P. MAYEE, J.
Official Liquidator of Oil World (P) Ltd. v. IDBI Bank Ltd.
R/Official Liquidator Report No. 14 of 2022 in R/Official Liquidator Report No. 48 of 2020
14 October, 2022
Applicant(s) No. 1 by: Shivang A. Thacker (7424)
Respondent(s) No. 1 by: Indravadan Parmar (2738)
Respondent(s) No. 2 by: Ayaan Patel AGP
Heard learned counsels for the parties.
2. The Official Liquidator has filed the present report with the following prayers :--
'18. (A) In view of facts narrated here-in-above, this Hon'ble Court be pleased to consider the claim of Gujarat Commercial Tax [GST] as preferential claim under section 530(1)(a) of the Companies Act, 1956 in light of claim verification report submitted by M/s. Naimish Shah & Co., Chartered Accountants.
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