Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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Once a resolution plan is approved under Section 31 of the IBC, claims not forming part of the plan, including prior-period statutory dues, stand extinguished and cannot be enforced against the corporate debtor. Applying the Supreme Court rulings in Satish Kumar Gupta and Ghanashyam Mishra, the HC held that the approved plan bound all stakeholders, including Government authorities, so pre-CIRP income-tax demands could not be adjusted against refund amounts. The impugned adjustment of refunds for the relevant assessment years was therefore quashed as unsustainable in law.
Once a resolution plan is approved under Section 31 of the IBC, claims not forming part of the plan, including prior-period statutory dues, stand extinguished and cannot be enforced against the corporate debtor. Applying the Supreme Court rulings in Satish Kumar Gupta and Ghanashyam Mishra, the HC held that the approved plan bound all stakeholders, including Government authorities, so pre-CIRP income-tax demands could not be adjusted against refund amounts. The impugned adjustment of refunds for the relevant assessment years was therefore quashed as unsustainable in law.
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