Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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Clean slate principle bars revival of pre-CIRP electricity dues and the connected late payment surcharge after approval of a resolution plan. Where the surcharge had already arisen on unpaid electricity charges before CIRP, extinguishment of the principal pre-resolution claim also prevents indirect recovery of the related surcharge as a condition for restoring supply. Reliance on post-disconnection billing or section 56(2) concepts was misplaced because the liability had already been billed and formed part of the pre-CIRP dues. A demand for pre-CIRP surcharge as a precondition to a fresh electricity connection was therefore treated as arbitrary and without authority of law.
Clean slate principle bars revival of pre-CIRP electricity dues and the connected late payment surcharge after approval of a resolution plan. Where the surcharge had already arisen on unpaid electricity charges before CIRP, extinguishment of the principal pre-resolution claim also prevents indirect recovery of the related surcharge as a condition for restoring supply. Reliance on post-disconnection billing or section 56(2) concepts was misplaced because the liability had already been billed and formed part of the pre-CIRP dues. A demand for pre-CIRP surcharge as a precondition to a fresh electricity connection was therefore treated as arbitrary and without authority of law.
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