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TMI Blog2021 (9) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... MITED THROUGH THE AUTHORIZED SIGNATORY VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR ORS. [ 2021 (4) TMI 613 - SUPREME COURT ], all dues including the statutory dues owed to the Central Government, any State Government or any local authorities, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the adjudication authority grants its approval under Section 31 of the Code would be continued. Let the matter appear on 06.09.2021. Affidavit, if any be filed by the parties latest by 02.09.2021. - W.P.(T) No. 4378 of 2020 - - - Dated:- 5-8-2021 - Hon ble Mr. Justice Aparesh Kumar Singh And Hon ble Mrs. Justice Anub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.04.2020 to 30.06.2020 and quashing of the order dated 09.12.2020 (Annexure-10) issued by the Deputy Commissioner of State Tax, Bokaro Circle, Bokaro - respondent no.3 whereby its application was rejected. According to the petitioner, the respondents have issued Form-C for the period 01.01.2020 to 31.03.2020 (Annexure-4) in similar circumstances but the application for issuance of Form-C for the subsequent period has been rejected without affording any opportunity of hearing to the petitioner on non est grounds. Petitioner makes inter-state purchases of high speed diesel in order to avail concessional rate of tax under Section 8 of the Central Sales Tax Act, 1956 for which the application of Form-C was made on 10.09.2020 online. As per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o coercive steps to be taken against the petitioner in the meanwhile in Special Leave to Appeal (Civil) No. 7147 - 7150 of 2020 . The Apex Court has since delivered the judgment in the Civil Appeal No. 8129 of 2019 along with Petitioner s appeal and other analogous appeals in the case of Ghanashyam Mishra Sons Private Limited through the authorized signatory Vrs. Edelweiss Asset Reconstruction Company Limited through the Director others on 13.04.2021. The three important questions raised for consideration in the batch of civil appeals as under, have been answered by the Hon ble Supreme Court in the following manner: Questions : i. As to whether any creditor including the Central Government, State Government or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii. 2019 amendment to Section 31 of the I B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I B Code has come into effect; iii. Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. 8. Having regard to the declaration of law by the Apex Court, all dues including the statutory dues owed to the Central Government, any State Government or any local authorities, if not part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f had already advised that the concerned Circle is competent to take a decision on the issue i.e. in relation to issuance of Form- C . Para 7: That in furtherance thereof, the Circle is evaluating the invoices/ documents as made available by the petitioner. The Form- C as required by the petitioner shall be issued as soon as the process of evaluation is complete. The respondents are taking all possible endeavours to redress the grievance of the petitioner at the earliest. Para 8: That it is stated and submitted that as stated above, Form- C as required by the petitioner will be issued once the documents/ invoices of the petitioner are checked in accordance of law. 11. Learned counsel for the petitioner submits that p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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