https://www.taxtmi.com/caselaws?id=781614 A corporate debtor sold in liquidation as a going concern is treated on a clean-state basis, so pre-sale statutory dues that do not survive the insolvency process cannot be enforced separately outside the insolvency framework. The Court held that the buyer cannot be saddled with such liabilities independently of the waterfall distribution under Section 53 of the Insolvency and Bankruptcy Code, 2016, and followed its earlier view that a going-concern sale operates akin to a de facto corporate insolvency resolution process for this purpose. On that basis, a tax demand under Section 73 of the CGST Act for the relevant period could not be initiated against the corporate debtor after the sale, and the impugned order was set aside. en-us Wed, 12 Nov 2025 00:00:00 +0530 Tue, 18 Nov 2025 08:42:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=781614 A corporate debtor sold in liquidation as a going concern is treated on a clean-state basis, so pre-sale statutory dues that do not survive the insolvency process cannot be enforced separately outside the insolvency framework. The Court held that the buyer cannot be saddled with such liabilities independently of the waterfall distribution under Section 53 of the Insolvency and Bankruptcy Code, 2016, and followed its earlier view that a going-concern sale operates akin to a de facto corporate insolvency resolution process for this purpose. On that basis, a tax demand under Section 73 of the CGST Act for the relevant period could not be initiated against the corporate debtor after the sale, and the impugned order was set aside. Case-Laws GST Wed, 12 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=781614