2025 (8) TMI 1541

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y reliefs: "a) Issue a writ, order or direction in the nature of CERTIORARI and Quash the impugned Order-in-Original dated 29.04.2025 with C.NO DGGI/ADJ/KPFPL/108/2023 bearing Reference No. 03- 04/GST/ADC/MRT/2025-26 passed by the Additional Commissioner, CGST Meerut (Respondent no.2) (annexed as annexure no.1 to this writ petition) against the petitioner relating to financial year 2018-2021. b) Issue a writ, order or direction in the nature of MANDAMUS commanding/directing the respondents not to recover the tax, interest and penalty imposed upon the petitioner in pursuance of the impugned Order-in- Original dated 29.04.2025 with C.NO. DGGI/ADJ/KPFPL/108/2023 bearing Reference No. 03-04/GST/ADC/MRT/2025-26 passed by the Additional CGST ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing 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 shadowed or extinguished merely by the institution of CRIP and passage of a moratorium order, unless the proceedings were clearly inconsistent with or repugnant to any provisions of the Code, which is not the case here. 12. Upon considering the facts and circumstances of the case, we are of the view that the arguments raised by th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....esolution 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 at liberty to challenge the same in accordance with law." The above view has been fortified by the Supreme Court in Vaibhav Goyal & Another Vs. Deputy Commissioner of Income Tax & Another [Civil Appeal No. 49 of 2022, decided on March 20, 2025] (SC). The relevant paragraphs are delineated below: "8. In view of the declaration of law made by this Court....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f 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 resolution applicant who would successfully take over the business of the corporate debtor. All claims must be submitted to and decided by the resolution professional so that a prospective resolution applicant knows exactly what has to be paid in order that it may then take over and run the business of the corporate debtor. This the successful resolution applicant does on a fresh slate, as has ....