Approval of resolution plan under Section 31 IBC extinguishes pre-approval tax liabilities and bars post-approval notices

Approval of resolution plan under Section 31 IBC extinguishes pre-approval tax liabilities and bars post-approval noticesCase-LawsGSTThe HC held that, upon approval of the resolution plan on 17.03.2023, all tax liabilities of the corporate debtor for the

Approval of resolution plan under Section 31 IBC extinguishes pre-approval tax liabilities and bars post-approval notices
Case-Laws
GST
The HC held that, upon approval of the resolution plan on 17.03.2023, all tax liabilities of the corporate debtor for the pre-approval period stood waived and extinguished, rendering the petitioner not liable for the disputed ineligible input tax credit and any failure to declare tax for FY 2020-21. Relying on Supreme Court authority that successful resolution applicants must not be confronted with undecided claims post-approval, the court found no jurisdiction for respondents to issue the impugned notices and show-cause communications. Consequently the impugned orders and SCNs were set aside and the petition was allowed, relieving the petitioner of the contested pre-approval tax obligations.
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