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Approved resolution plans extinguish pre-approval statutory dues that were not claimed in the corporate insolvency resolution process and do not form part of the plan. Applying the clean slate principle, the Appellate Tribunal held that unclaimed Income Tax Department dues and other statutory dues existing on the date of approval could not survive against the successful resolution applicant. It also distinguished extinguishment of past dues from affirmative tax relief: any concession, waiver or relief under the Income Tax Act still requires approach to the competent authority, and that condition was upheld.
Approved resolution plans extinguish pre-approval statutory dues that were not claimed in the corporate insolvency resolution process and do not form part of the plan. Applying the clean slate principle, the Appellate Tribunal held that unclaimed Income Tax Department dues and other statutory dues existing on the date of approval could not survive against the successful resolution applicant. It also distinguished extinguishment of past dues from affirmative tax relief: any concession, waiver or relief under the Income Tax Act still requires approach to the competent authority, and that condition was upheld.
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