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The AT accepted the Senior Standing Counsel's legal opinion and held that claims/benefits unquantified due to non-submission of documents by the pre-resolution entity stand extinguished, and the resolution applicant cannot be held liable for the pre-approval failure to pass input tax credit under s.171 CGST Act. Finding no reasonable cause to proceed, the AT closed the s.171 proceedings, set aside the DGAP notice and discharged the resolution applicant from accountability for the predecessor's omission to transfer ITC benefits post-approval of the resolution plan. The Pr. DG's queries and the opinion relied upon were treated as determinative, resulting in final cessation of the contested recovery action.
The AT accepted the Senior Standing Counsel's legal opinion and held that claims/benefits unquantified due to non-submission of documents by the pre-resolution entity stand extinguished, and the resolution applicant cannot be held liable for the pre-approval failure to pass input tax credit under s.171 CGST Act. Finding no reasonable cause to proceed, the AT closed the s.171 proceedings, set aside the DGAP notice and discharged the resolution applicant from accountability for the predecessor's omission to transfer ITC benefits post-approval of the resolution plan. The Pr. DG's queries and the opinion relied upon were treated as determinative, resulting in final cessation of the contested recovery action.
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