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TMI Blog2024 (9) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... ings in relation to financial year 2019-20 are clearly without jurisdiction or authority of law in the light of the undisputed fact that the Resolution Plan has already been approved by the NCLT and the judgments referred to supra. Under these circumstances, the impugned order and the proceedings deserve to be quashed. Petition allowed. - HON BLE MR JUSTICE S.R. KRISHNA KUMAR For the Petitioner (By Smt. Nimisha Kumar, Advocate for Sri. Nitin Ramesh., Advocate). For the Respondents (By Sri. Sri. Hema Kumar K, AGA). ORAL ORDER In this petition, the petitioner seeks the following reliefs: i) Issue a writ, order or direction in the nature of CERTIORARI or such writ or order to quash the order dated 29/4/24 bearing Ref. no. ZD2904240752664 iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um. Subsequently, on 11.08.2023, the National Asset Reconstruction Company Limited [NARCL] submitted a Resolution Plan which was approved by the NCLT on 11.08.2023. Subsequent to the approval of Resolution Plan by the NCLT, the respondent No. 1 issued an Audit Observation Report for the financial year 2018-19 in relation to the petitioner raising several observations and making some claims in relation of input tax credit, late filing of returns etc. The petitioner submitted a detailed reply on 12.12.2023 refuting the various claims and allegations made by the respondent No. 1 as well as informing him about the approval of the Resolution Plan by the NCLT. Despite this, the respondent No. 1 ignored the NCLT order approving the Resolution Plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 2018-19 and proceedings in relation to 2019-20 get extinguished and the continuation of the same would be without jurisdiction or authority of law and the same deserves to be quashed. 5. It is also pointed out that under identical circumstances in relation to the proceedings where a moratorium was imposed under Section 14 of the IBC, this Court in the case of Associate D cor Limited Vs. Deputy Commissioner of Commercial Taxes W.P. No. 17303/2021 (T-RES) decided on 16.12.2021 came to the conclusion that all proceedings need to be kept in abeyance till lifting of the moratorium by following the judgment in Ghanashyam Mishra s case (supra). It is therefore submitted that the impugned order and proceedings deserve to be quashed. 6. Per co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 103. In the light of what has been held by us hereinabove, we now proceed to decide individual matters. So also in Associate Decor Limited case (supra), this Court has taken a view that once moratorium is imposed by the NCLT, proceedings initiated by the respondent under the KGST Act would necessarily will have to be kept in abeyance. 8. In the instant case, it is a matter of record and an undisputed fact that the claim of the respondents are in relation to the petitioner-Company for the financial years 2018-19 and 2019- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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