Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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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
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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