HC held that once a Resolution Plan is approved under IBC ...

Corporate Insolvency Resolution Plan Bars Pre-Approval Tax Proceedings, Extinguishing Dues and Preventing New Recovery Attempts Under Section 31(1)

April 23, 2025

Case Laws     GST     HC

HC held that once a Resolution Plan is approved under IBC Section 31(1), only debts specified in the plan remain payable, binding on all authorities. Tax proceedings relating to the period prior to plan approval stand extinguished. The impugned show cause notice and order under Section 73 of CGST Act for Financial Year 2019-20, issued after the Resolution Plan's approval on 26.10.2020, were deemed invalid and without jurisdiction. Consistent with Supreme Court precedent, the tax authorities cannot initiate or continue proceedings for pre-resolution plan dues. The petition was allowed, quashing the impugned SCN and order, effectively recognizing the clean slate principle post-corporate insolvency resolution process.

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