https://www.taxtmi.com/caselaws?id=448430 The HC held that service tax dues from 2012 and 2015-16 could not be recovered from a company under liquidation through IBC proceedings. Under Section 53(1)(e)(i) of IBC, government dues are recoverable only for two years preceding liquidation commencement date. Since the tax demands exceeded this two-year period and the respondent failed to lodge claims during IBC proceedings, with sale proceeds already distributed according to statutory priority and being insufficient even for secured creditors, the demand notice was set aside. Petition allowed. en-us Mon, 11 Dec 2023 00:00:00 +0530 Thu, 18 Jan 2024 19:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448430 The HC held that service tax dues from 2012 and 2015-16 could not be recovered from a company under liquidation through IBC proceedings. Under Section 53(1)(e)(i) of IBC, government dues are recoverable only for two years preceding liquidation commencement date. Since the tax demands exceeded this two-year period and the respondent failed to lodge claims during IBC proceedings, with sale proceeds already distributed according to statutory priority and being insufficient even for secured creditors, the demand notice was set aside. Petition allowed. Case-Laws Service Tax Mon, 11 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448430