Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Approved resolution plans bind government authorities, extinguishing pre-approval statutory dues not lodged in insolvency proceedings or provided for in the plan, where the plan covers known and unknown, assessed and unassessed claims. Such extinguishment prevents subsequent GST demand notices, adjudication and recovery because determination cannot survive independently of the extinguished liability. The CGST first-charge provision yields to the IBC's overriding effect, and liquidation cannot revive the liability. Writ jurisdiction remains available despite an appellate remedy where proceedings lack jurisdiction and the dispute is a pure legal issue on admitted facts; a pre-deposit appeal need not be pursued.....
TaxTMI