2024-VIL-1013-AP
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SGST High Court Cases

GST - Insolvency and Bankruptcy Code, Statutory Dues – Petitioner was subjected to insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 - Resolution plan approved by the National Company Law Tribunal (NCLT) provided for the adjustment of all dues, including the dues of the State, out of the amounts paid by the successful applicants in the resolution process – issue of Demand-cum-Adjudication orders for demand of tax, interest, and penalty - Whether the liability of the petitioner arising out of the APVAT Act or the GST Act stands extinguished in light of the resolution plan approved by the NCLT – HELD - the liability of the petitioner, arising out of the APVAT Act or the GST Act, stands extinguished to the extent of its liability up to 4th September, 2019, in view of the Supreme Court's decision in the case of Ghanshyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company - once a resolution plan is duly approved by the adjudicating authority under the provisions of Insolvency and Bankruptcy Code, the claims as provided in the resolution plan shall stand frozen and will be binding on the corporate debtor and its stakeholders, including the Central Government, any State Government, or any local authority - The contention of the learned Government Pleader for the Department that the order of NCLT is not binding on the State in view of Section 88 of the GST Act would have to be negatived in as much as Section 238 of the Insolvency and Bankruptcy Code provides for a non-obstante clause overriding all other laws – since these proceedings have covered the period 05.09.2019 to 31.03.2020, which would not be effected by the orders of the NCLT, Mumbai Bench dated 04.09.2019, it would be open to the Assessing Authorities to issue fresh notice for quantifying the taxes and other dues arising for the period 05.09.2019 to 31.03.2020 – the Demand-cum-Adjudication orders are set aside and the Writ Petitions are allowed
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