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TMI Blog2025 (1) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... , are being decided by this common order. 2. Mr. Mahaveer Bishnoi, learned Additional Advocate General has put in appearance on behalf of the respondents. 3. The Commercial Taxes Officer, Works and Leasing Taxes, Bhilwara passed the assessment orders dated 21.03.2017, 05.03.2018 and 28.03.2019 for the assessment years 2014-2015, 2015-2016 and 2016-2017 respectively by which the respondents held the petitioner-company liable to pay the amount of Rs. 10,06,266/-, 43,073/- and 1,75,55,035/- on account of non-payment of the entry tax for the goods purchased by the petitioner from outside the State of Rajasthan. In furtherance of the aforesaid assessment orders, notice for payment of demand were also issued. 4. The respondent-Department, in o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plan, duly approved by the Committee of Creditors (CoC). The order of NCLT mandates that the CIRP shall be binding on the Corporate Debtors, McNally Bharat Engineering Company Ltd., its employees, members, creditors, guarantors including the Central Government, any State Government or any local authority to whom a debt in respect of payment of dues arising under any law for the time being in force, such authorities to whom statutory dues are owed and other stakeholders involved in the Resolution Plan. 9. It was emphasized by the learned counsel for the petitioner that approval of the Resolution Plan by the NCLT with effect from 19.12.2023 waived and/or extinguished and/or settled all tax dues of whatever nature of Central, State and local ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Additional Advocate General appearing for the respondents, is not in a position to dispute the fact that pursuant to approval of the Resolution Plan by the NCLT, all demands of the Department for the period prior to the effective date stood extinguished. It is also not in dispute that the petitioner-company became sick and undergone the Corporate Insolvency Resolution Process (CIRP), which attained finality after receiving the seal of approval from the NCLT, Kolkata vide order dated 19.12.2023. It is also an admitted position that the demands raised by effect of the impugned assessment orders and impugned communication/notice dated 17.07.2019 which pertain to the Assessment Years 2014-2015, 2015-2016 and 2016-2017, which are much earli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esolution plan which shall be binding on the corporate debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed, guarantors and other stakeholders involved in the resolution plan: Provided that the adjudicating authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation. (2) Where the adjudicating authority is satisfied that the resolution plan does not confirm to the requirements referred to in sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in respect of payment of dues arising under any law for the time being in force, is owed. Section 238 of the IBC provides that the Code will prevail in case of inconsistency between two laws. This proposition of law has been crystallized by Hon'ble Supreme Court in the case of Committee of Creditors of Essar Steel India Ltd. Through Authorised Signatory Vs. Satish Kumar Gupta & Ors. [2019 (16) SCALE 319]. This court also examined similar controversy in the case of Ultra Tech Nathdwara Cement Ltd. (supra) and held that any demands made by the Statutory Creditor, i.e. Commercial Taxes Department, for the period prior to the effective date stand extinguished with the approval of the Resolution Plan by the NCLT. 17. Law is well-settled t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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