2025 (11) TMI 1189

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....CHATTERJEE (DAS) Appearance:- For the Petitioner: Mr. Arnab Chakraborty Mr. Aniket Chowdhury. For the Respondents: Mr. Tanoy Chakraborty Mr. Saptak Sanyal.   JUDGMENT (T.S. SIVAGNANAM, C.J.) 1. This writ petition has been filed challenging the order passed by the West Bengal Taxation Tribunal (for brevity, 'the tribunal') dated 28th March, 2025 in RN-21 of 2025 by which the ....

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....er can be resolved by taking note of the decision of the Hon'ble Supreme Court in the case of Committee of Creditors of Essar Steel India Limited through Authorised Signatory v. Satish Kumar Gupta & Ors. : (2020) 8 SCC 531. 4. The assessing officer ought to have seen that in terms of the provisions of the Act and the Rules framed thereunder, the condition precedent to be eligible for input tax ....

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.... Bank was the financial creditor, who filed the application before the learned tribunal and by order dated 8th April, 2019, the learned tribunal had approved the resolution plan and the matter stood disposed of. In such circumstances, in terms of the above decision, the respondent authorities cannot deny input tax credit to the writ petitioner and therefore, the assessment order has to be interfer....

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.... subsequent decision in Ghanashyam Mishra & Sons Private Limited through the Authorised Signatory v. Edelweiss Asset Reconstruction Company Limited through the Director & Ors. : (2021) 9 SCC 657, it was held: "Bare reading of Section 31 of the I &B Code would also make it abundantly clear that once the resolution plan is approved by the adjudicating authority, after it is satisfied, that ....