Alternate statutory remedy governs GST assessment challenge, with statutory appeal preserved and limitation objection barred for the permitted filing ...
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4884 
