2025 (10) TMI 1325

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.... 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. On the earlier dates, Mr Badheka had submitted that the issue raised in the Petition was squarely covered by the decisions of the Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited and Ors. (2021) 91 GSTR 28 (SC) and Vaibhav Goel v. DCIT Civil Appeal No.49 of 2022 decided by Hon'ble Supreme Court on 20 March 2025. 4. Accordingly, by our order of 28 July 2025, we had requested the learned counsel for the Respondents to obtain instructions. 5. Though the instructions are wanting, the learned counsel for the Respondents subm....

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....ate remedy of appeal. The two decisions bind the Respondents and the Respondents should have followed them and discharged the show-cause notice. Mr. Badheka also referred to the decision of the Hon'ble Supreme Court in the case of JSW Steel Limited vs. Pratishtha Thakur Haritwal & Ors. CP (C) No.629 of 2023 in WP (C) No. 1177 of 2020, in which the Hon'ble Supreme Court had the occasion to consider the issue of authorities not following the decision of the Hon'ble Supreme Court in the case of Ghanashyam Mishra (supra). The Hon'ble Supreme Court held that the continuation of proceedings by the Respondents/Authorities even after the judgment in Ghanashyam Mishra (supra) was specifically brought to their notice was contemptuous in nature. The R....

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.... claims which are not part of the Resolution Plan, shall stand extinguished and no person shall be entitled to continue any proceedings in respect to a claim, which is not part of the Resolution Plan. The Court also held that 2019 amendment to Section 31 of the Code is only clarificatory and declaratory in nature and therefore, will be effective from the date on which the Code has come into effect. The Court clearly held that all the dues including the statutory dues both to the Central Government or any State Government or any local authority, if not a part of the Resolution Plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the adjudicating authority grants its approval unde....