Limitation for IBC Appeal Runs From NCLAT’s Order, Not Receipt of Certified Copy: SC Dismisses Revenue’s Appeal as Time-Barred

The Supreme Court has dismissed the Central GST department’s appeal against a resolution plan for Samyu Glass as time-barred, holding that the 45-day limit for an IBC appeal under Section 62 starts from the date of the NCLAT’s order, and not from the date the party receives its certified copy.

The Revenue was owed about Rs 22.6 crore, and the resolution plan approved by the NCLT in August 2021 gave it only Rs 1,34,657 for the excise arrears. The NCLAT confirmed the plan on 2 August 2023, and the department filed its appeal on 21 November 2023, 111 days later. The department argued that Section 62(1) says “from the date of receipt of such order”, and so time should run from 11 October 2023, when it got the certified copy, making the appeal timely at 41 days. It also pointed to the different wording in Section 61 and relied on Sagufa Ahmed. Justices S.V.N. Bhatti and N.V. Anjaria rejected this. Relying on V. Nagarajan and the recent CA Ramchandra Dallaram Choudhary ruling, they held that the IBC is a complete code with an absolute outer limit of 60 days (45 days plus a maximum 15 days of condonation), and the Supreme Court has no power to condone delay beyond it. “Receipt of the order” cannot mean the date a party chooses to collect a certified copy, since that would make limitation indefinite and make Section 12(2) of the Limitation Act redundant. Under Rule 91 of the NCLAT Rules, an order is pronounced in open court, and limitation starts from pronouncement. Only the “time requisite” for obtaining the copy, from the application to its delivery, is excluded, and not the time before applying. Here, the department took 35 days before it applied for the copy on 6 September 2023, and the 35 days in the Registry were excluded. Then it took another 41 days after getting the copy. The total of 76 days was 16 days beyond the 60-day ceiling, so the appeal was dismissed without a hearing on the merits.

Citation: The Assistant Commissioner of Central Tax, CGST Division v. Sreenivasa Rao Ravinuthala & Anr., Civil Appeal No. 7882 of 2023, Supreme Court (Justices S.V.N. Bhatti and N.V. Anjaria), decided on 14.10.2026 | 2026 INSC 1121