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2022 Supreme(Raj) 517

Ultra Tech Nathdwara Cement Limited (formerly known as M/s. Binani Cement Limited) – Appellant
Versus
Commercial Taxes Officer, Anti-Evasion, Circle-II, Jaipur – Respondent


JUDGMENT :

MEHTA, J.

1. The instant batch of Revisions/Sales Tax References involve common questions of facts and law and hence, the same have been heard and are being decided together by this judgment.

2. The revisions were originally preferred by the company M/s. Binani Cement Limited which went into liquidation. Insolvency proceedings were initiated by the creditors of the sick undertaking (hereinafter referred to as ‘the Corporate Debtor). The insolvency proceedings were transferred from the NCLT, Kolkata to NCLAT under directions of Hon’ble the Supreme Court which invited claims from financial, statutory and operational creditors of the Corporate Debtor. Resolution plans were also invited from parties interested in revival of sick undertakings. The respondent Commercial Taxes Department submitted its claim before the NCLAT. The resolution plan submitted by M/s.UltraTech Cement Limited was approved by the NCLAT on 14.11.2018 and it was declared to be the Successful Resolution Applicant. Hon’ble the Supreme Court approved the decision of NCLAT vide order dated 19.11.2018.

3. In terms

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