TaxTMI 
TaxTMI 
2023 (6) TMI 903
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....r Advocate with Ms. Fernandes G. Catherine. For the Respondent Nos. 7 to 9 : Mr. V.A. Sonpal, Special Counsel with Ms. Jyoti Chavan, AGP. P.C. :- Writ Petition No. 2864 of 2022 1. Heard learned counsel for the petitioners and learned counsel for the respondents on both the petitions. Petitioner no. 2 claims to be the successful purchaser. The name of petitioner no. 1 - Mega Pipes Private Limited (formerly known as Topworth Pipes & Tubes Private Limited), was sold as a going concern in liquidation proceedings under the orders dated 9th March, 2021 passed by the National Company Law Tribunal (for short NCLT). 2. This petition is filed by petitioner no. 1 company as also purchaser i.e. petitioner no. 2, being aggrieved by the actions ....
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....ich are not part of the resolution plan, by the adjudicating authority. On behalf of the petitioners it is submitted that as held by the Supreme Court, the respondents would not have any authority to make a demand and/or recover the taxes of the said erstwhile concern, from petitioner no. 2 (purchaser), being a third party, which is also the order passed by NCLT in the resolution process. Thus, according to the petitioner, necessarily the protection as conferred to such purchaser, as held by the Supreme Court in Ghanshyam Mishra & Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited. (supra) interpreting Section 31, would squarely apply. 4. In view of the orders dated 9th March, 2021 passed by NCLT, the petitioners would....
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....he matter, there appears to be much substance in the contentions as urged on behalf of the petitioners in assailing the actions of the respondents as challenged in the petition. 7. Learned counsel for the Revenue is not in a position to oppose the contentions as raised on behalf of the petitioners, as to how the sales tax dues can now be enforced against petitioner no. 2 - purchaser, who is the beneficiary of the resolution process, which has attained finality insofar as petitioner no. 2 is concerned. 8. In the aforesaid circumstances, in our opinion, the parties need to be finally heard on the present proceedings. Hence, Rule. Respondents waive service. Rule is made returnable on 25 August 2023. 9. The respondents to file reply affidavi....