2025 (9) TMI 1146

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....e petitioner, learned advocate Ms. Ketki P. Jha for the respondent Nos. 1 and 2 and learned Assistant Government Pleader Ms. Shrunjal Shah for the respondent No. 3. 1. Rule, returnable forthwith. Learned advocate Ms. Ketki Jha waives service of notice of rule for and on behalf of the respondent Nos. 1 and 2 and learned Assistant Government Pleader Ms. Shrunjal Shah waives service of notice of rule for and on behalf of the respondent No. 3. 2.1. Learned advocate Mr. Pavan Godiawala for the petitioner submitted that the petitioner has challenged the Order-in-Original dated 26th February, 2025 passed by the respondent No. 2-Assistant Commissioner of State Tax, Unit-8, Ahmedabad under Section 73 of the Gujarat Goods and Services Tax Act, ....

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....l be dealt with the respective competent authorities/forums/offices, Government or Semi Government of the State or Central Government with regard to the respective reliefs, waivers and concessions. The competent authorities including the Appellate authorities may consider grant such reliefs, waivers and concessions keeping in view the spirit of the Code. 118. With respect to the waivers with regard to extinguishment of claims which arose Pre-CIRP and which have not been claimed are granted in terms of Ghanashyam Mishra and Sons Pvt Ltd v Edelweiss Asset Reconstruction Company Ltd, wherein the Hon'ble Supreme Court has held that once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of sectio....

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....ld by the Hon'ble Apex Court in case of Ghanashyam Mishra and Sons Pvt. Ltd. Versus Edelweiss Asset Reconstruction Company Ltd reported in 2021 9 SCC 657 as under: "102. In the result, we answer the questions framed by us as under: 102.1. That once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the corporate debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders. On the date of approval of resolution plan by the adjudicating authority, all such claims, which are not a part of reso....