Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
HC ruled on the legality of creating additional dues by GST Department after NCLT's Resolution Plan approval. The court held that once a Resolution Plan is approved under IBC, subsequent claims by creditors are impermissible as they would disrupt the resolution process. The court specifically noted that the tax department was aware of IBC proceedings and had previously filed claims through the Resolution Professional. Consequently, the court quashed the assessment order and demand notice issued under Section 74 of CGST Act, 2017, which were raised post-Resolution Plan approval, thereby protecting the sanctity of the resolution mechanism and preventing potential disruption to the insolvency resolution process.
HC ruled on the legality of creating additional dues by GST Department after NCLT's Resolution Plan approval. The court held that once a Resolution Plan is approved under IBC, subsequent claims by creditors are impermissible as they would disrupt the resolution process. The court specifically noted that the tax department was aware of IBC proceedings and had previously filed claims through the Resolution Professional. Consequently, the court quashed the assessment order and demand notice issued under Section 74 of CGST Act, 2017, which were raised post-Resolution Plan approval, thereby protecting the sanctity of the resolution mechanism and preventing potential disruption to the insolvency resolution process.
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