Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI
Sical Logistics Limited – Appellant
Versus
State Tax Officer, Ghatak 100 (Jamnagar) – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. Nitin Mehta for the petitioners and learned Assistant Government Pleader Ms.Shrunjal Shah for the respondent No.1 and 2.
2. Rule, returnable forthwith. Learned AGP Ms.Shrunjal Shah waives service of notice of rule for respondent Nos.1 and 2.
3. Having regard to the controversy involved which is in narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing.
4. By this petition under Articles 226 and 227 of the Constitution of India, the the petitioner has prayed for quashing and setting aside the Order-in Original dated 21-12-2023 passed under Section 73 of the Gujarat Goods and Services Tax Act, 2017 [‘GST Act’ for short] by the Respondent No. 1, Ghatak 100 (JAMNAGAR) Range 24, Division 11 (JUN) Gujarat, for Financial Year 2017-18, and also challenged the appellate Order dated 25/04/2025 passed by Respondent No. 2 in appeal.
5. Brief facts of the case are that:
5.1 The petitioner-Company is in the business of warehousing services and providing logistics services throughout India. By order dated 10.03.2021 passed by the NCLT, Chennai Bench, the Corporate Insolvency Resolution Pr
Approved resolution plans under IBC extinguish all claims not included, barring any demand for debts incurred prior to the plan's effective date.
The approval of a resolution plan under the IBC extinguishes all prior dues, preventing any demands for those periods.
Once a resolution plan is approved under the Insolvency and Bankruptcy Code, no claims can be pursued for dues prior to that approval, rendering subsequent assessment orders and notices invalid.
The approval of a resolution plan under the Insolvency and Bankruptcy Code extinguishes all prior tax liabilities of a corporate debtor, affirming the legal cleansing effect of the IBC.
Approved resolution plans under the Insolvency and Bankruptcy Code extinguish all pre-CIRP claims not included, including statutory dues from tax authorities.
The approval of a Resolution Plan under the Insolvency and Bankruptcy Code extinguishes all tax liabilities, preventing the issuance of notices under Section 263 of the Income Tax Act.
The approval of a resolution plan under the IBC extinguishes all claims not included in the plan, including tax liabilities.
Tax liabilities are extinguished upon approval of a resolution plan under the Insolvency and Bankruptcy Code, preventing subsequent revision notices under the Income Tax Act.
Once a Resolution Plan is approved by the NCLT, subsequent claims by creditors are barred to prevent disruption of the resolution process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
