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VAT / Sales Tax - Highlights / Catch Notes

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Once the resolution plan is approved under the Insolvency and ...


Insolvency resolution plan approval extinguishes all outstanding tax dues. Creditors bound by resolution.

Case Laws     VAT / Sales Tax

October 15, 2024

Once the resolution plan is approved under the Insolvency and Bankruptcy Code, any outstanding claims, including those under the Gujarat Value Added Tax Act for assessment years 2006-07 to 2011-12, stand extinguished. The State Tax Authority was an operational creditor in the Corporate Insolvency Resolution Process and had lodged a claim, but did not object to the approval of the resolution plan. Consequently, the demand notice issued by the State Tax Officer for recovery of outstanding dues is quashed and set aside, as no claim can be made after the resolution plan's approval, upholding the settled legal principle.

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