Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
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.
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