Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
HC held that, pursuant to the Supreme Court precedent, approval of a Resolution Plan by the NCLT conclusively bars subsequent claims by other creditors as such claims would disrupt the resolution process. Applying that principle, the Court found no justification to sustain a post-approval tax assessment and accordingly quashed the impugned assessment order dated 29.04.2025 issued under Section 74(9) of the CGST/UPGST Act, 2017 against the Petitioner. The petition was allowed and the assessment order set aside, leaving the approved Resolution Plan and the insolvency resolution framework undisturbed; no further dues may be created against the Petitioner arising from the specified assessment.
HC held that, pursuant to the Supreme Court precedent, approval of a Resolution Plan by the NCLT conclusively bars subsequent claims by other creditors as such claims would disrupt the resolution process. Applying that principle, the Court found no justification to sustain a post-approval tax assessment and accordingly quashed the impugned assessment order dated 29.04.2025 issued under Section 74(9) of the CGST/UPGST Act, 2017 against the Petitioner. The petition was allowed and the assessment order set aside, leaving the approved Resolution Plan and the insolvency resolution framework undisturbed; no further dues may be created against the Petitioner arising from the specified assessment.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
