Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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The HC held that, upon approval of the resolution plan on 17.03.2023, all tax liabilities of the corporate debtor for the pre-approval period stood waived and extinguished, rendering the petitioner not liable for the disputed ineligible input tax credit and any failure to declare tax for FY 2020-21. Relying on Supreme Court authority that successful resolution applicants must not be confronted with undecided claims post-approval, the court found no jurisdiction for respondents to issue the impugned notices and show-cause communications. Consequently the impugned orders and SCNs were set aside and the petition was allowed, relieving the petitioner of the contested pre-approval tax obligations.
The HC held that, upon approval of the resolution plan on 17.03.2023, all tax liabilities of the corporate debtor for the pre-approval period stood waived and extinguished, rendering the petitioner not liable for the disputed ineligible input tax credit and any failure to declare tax for FY 2020-21. Relying on Supreme Court authority that successful resolution applicants must not be confronted with undecided claims post-approval, the court found no jurisdiction for respondents to issue the impugned notices and show-cause communications. Consequently the impugned orders and SCNs were set aside and the petition was allowed, relieving the petitioner of the contested pre-approval tax obligations.
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