9911796707
TMI Blog2022 (3) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... JOINT COMMISSIONER OF STATE TAX (ADMN.) , DEPUTY COMMISSIONER OF STATE TAX, ASSISTANT COMMISSIONER OF STATE TAX, [ 2020 (5) TMI 39 - JHARKHAND HIGH COURT] and analogous writ petitions for the respective period. The petitioner having lost before this Court went in Special Leave Petition before the Apex Court. The Apex Court in a batch of appeals along with Civil Appeals of the petitioners led by appeal in GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR ORS. [ 2021 (4) TMI 613 - SUPREME COURT] considered the issue and held that all the dues including the statutory dues owed to the Central Government, any State Government or any local au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nos. 1 to 4 from realizing the said amount of ₹ 19,83,351/- for the period 2014-2015 (CST) as mentioned in the aforesaid Notice No. 4372 dated 28.11.2019 (Annexure-4) and further restraining them from issuance of any Garnishee Order for realization of the same to any person including the banks of the petitioner, especially in view of the fact that the Resolution Plan (Annexure-1) submitted by M/s Vedanta Limited under Section 30 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the IB Code, 2016) for acquisition of control of the Petitioner, has already been approved by the National Company Law Tribunal, Kolkata Bench, Kolkata vide Order dated 17.04.2018 (Annexure-2) under Section 31(1) of the said IB Code, 2016, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson including the banks of the petitioner, especially in view of the fact that the Resolution Plan (Annexure-1) submitted by M/s Vedanta Limited under Section 30 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the IB Code, 2016) for acquisition of control of the Petitioner, has already been approved by the National Company Law Tribunal, Kolkata Bench, Kolkata vide Order dated 17.04.2018 (Annexure-2) under Section 31(1) of the said IB Code, 2016, which is binding upon the corporate debtor and its employees, members, creditors, guarantors, other stakeholders and further Section 238 of the said IB Code, 2016 provides that the provisions of the Code shall have effect, notwithstanding anything inconsistent therewith con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbelow: 2. The short but important questions, that arise for consideration in this batch of matters, are as under:- (i) As to whether any creditor including the Central Government, State Government or any local authority is bound by the Resolution Plan once it is approved by an adjudicating authority under sub-section (1) of Section 31 of the Insolvency and Code, 2016 (hereinafter referred to as 'I B Code')? (ii) As to whether the amendment to Section 31 by Section 7 of Act 26 of 2019 is clarificatory/declaratory or substantive in nature? (iii) As to whether after approval of resolution plan by the Adjudicating Authority a creditor including the Central Government, State Government or any local authority is entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approval under Section 31 could be continued. 5. After answering the questions the case of individual petitioners were specifically dealt with including that of the present petitioner in Civil Appeal Nos. 7147-7150 of 2020, the petitioners case have been dealt with at Paras-141-149 of the judgment. 6. Learned counsel for the State, Mr. Piyush Chitresh does not dispute the contention of the petitioner that the respondent-department had not lodged its claim in respect of the instant tax dues before resolution professional appointed by NCLT and the resolution plan approved by the Committee of Creditors under Section 30 of I B Code was approved by the NCLT under Section 31 of I B Code on 17th April, 2018. The Apex Court, therefore, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment, such claim stands extinguished and cannot be realized by way of demand notice impugned in these two writ petitioners 8. Learned counsel for the State does not dispute both the statement of fact and position in law settled by the Apex Court in this regard. The issue had earlier been settled in the case of the same petitioners by the Apex Court relating to different tax period of 2011-12 and 2012-13, concerning both VAT and CST. 9. In view of the settled position of law and also the undisputed fact, the impugned demand notice dated 28.11.2019 (Annexure-4) based on the assessment order dated 28.03.2018 (Annexure-3) cannot be realized from the petitioners. The writ petitions are allowed in the aforesaid manner. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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