TaxTMI 
TaxTMI 
2025 (7) TMI 987
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....antial reliefs : "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.12.2023 passed under Section 73 of the U.P. Goods and Services Tax Act, 2017 by the Joint Commissioner, Corporate Circle, Meerut (Annexure-1 to the writ petition) as well as show-cause notice dated 15.01.2024 (Annexure-2 to the writ petition) issued to the petitioner for the period 2018-19; (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from initiating any proceedings against the petitioner company in respect of the period prior to the Effective Date of the taking over of the petitioner company by the Resolution Applicant upon conclusion of the CIRP under IBC, ....
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....022, decided on March 20, 2025] (SC) and (iv) Committee of Creditors of Essar Steel India Ltd. Through Authorised Signatory Vs. Satish Kumar Gupta & Others [2019] 16 S.C.R. 275]. 5. This Court, in Writ Tax No. 408 of 2021 [M/S NS Papers Limited And Another Vs. Union of India Through Secretary and Others], after dealing with a catena of judgments rendered by the Supreme Court and also other High Courts held as follows: "11. He further submits that if proceedings under the Act could be initiated, continued with and culminated during the course of CIRP and institution of Moratorium u/s 14 of the Code, the following may also kindly be considered, for these have a bearing on the fact that income tax proceedings should not get shadowe....
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.... countenanced as the same would be an anathema to the fundamental principles of the moratorium provided under the Code. The law cannot be read in a manner wherein the basic structure of the Code is breached by hindering the flow of the same by creation of roadblocks and dams ? the underlying principle of the Code is to give a fresh start to the Resolution Applicant. Any new liability being fastened after the approval of the Resolution Plan would inherently and palpably be illegal and go beyond the Lakshman Rekha of the Code. 15. In light of the above, the impugned assessment order dated April 28, 2021 is quashed and set aside. In the event any penalty proceedings have been initiated by the department, the writ petitioner shall be a....
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....49 of 2022]. Paragraph 107 reads thus: "107. For the same reason, the impugned NCLAT judgment [Standard Chartered Bank v. Satish Kumar Gupta, 2019 SCC OnLine NCLAT 388] in holding that claims that may exist apart from those decided on merits by the resolution professional and by the Adjudicating Authority/Appellate Tribunal can now be decided by an appropriate forum in terms of Section 60(6) of the Code, also militates against the rationale of Section 31 of the Code. A successful resolution applicant cannot suddenly be faced with "undecided" claims after the resolution plan submitted by him has been accepted as this would amount to a hydra head popping up which would throw into uncertainty amounts payable by a prospective resolutio....