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        Case ID :
        GST

        Fresh GST demands for periods prior to approval of an IBC...

        Pre-resolution GST demands after insolvency resolution plan approval u/s 31 disallowed; new management not liable, orders quashed

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Fresh GST demands for periods prior to approval of an IBC resolution plan were held impermissible because, upon approval under Section 31, all dues not forming part of the resolution plan-including statutory dues-stand extinguished and no proceedings for such past dues can continue. Since the tax department had participated in the insolvency process and lodged its claims, it could not reopen or augment demands after conclusion of the process, and the successful resolution applicant/new management could not be burdened with additional pre-resolution liabilities. The impugned orders-in-original and consequential demands were quashed and the petitions were disposed of. - HC
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