https://www.taxtmi.com/caselaws?id=767398 NCLAT held that Fuel Surcharge (FS) and Special Fuel Surcharge (SFS) are statutory charges that become due only upon billing, not pre-insolvency liabilities extinguished under Section 31 of IBC. The tribunal found no conflict between Electricity Act 2003 and IBC 2016, applying harmonious construction principle. Since the corporate debtor stopped paying FS/SFS dues after obtaining interim protection, and future bills were not issued, these charges cannot be eradicated through resolution plan. The appellant was directed to pay outstanding FS/SFS within 60 days, with penalties applicable under Electricity Act for non-compliance. Appeal dismissed. en-us Tue, 11 Mar 2025 00:00:00 +0530 Tue, 18 Mar 2025 08:35:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767398 NCLAT held that Fuel Surcharge (FS) and Special Fuel Surcharge (SFS) are statutory charges that become due only upon billing, not pre-insolvency liabilities extinguished under Section 31 of IBC. The tribunal found no conflict between Electricity Act 2003 and IBC 2016, applying harmonious construction principle. Since the corporate debtor stopped paying FS/SFS dues after obtaining interim protection, and future bills were not issued, these charges cannot be eradicated through resolution plan. The appellant was directed to pay outstanding FS/SFS within 60 days, with penalties applicable under Electricity Act for non-compliance. Appeal dismissed. Case-Laws IBC Tue, 11 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767398