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MUNNURI LAXMAN, PUSHPENDRA SINGH BHATI
McNally Bharat Engineering Company Ltd. , Through Utpal Kumar Saha – Appellant
Versus
Commercial Taxes Officers, Works And Leasing Taxes – Respondent
ORDER :
1. These three writ petitions involve identical questions of facts and law and hence, are being decided by this common order.
2. Mr. Mahaveer Bishnoi, learned Additional Advocate General has put in appearance on behalf of the respondents.
3. The Commercial Taxes Officer, Works and Leasing Taxes, Bhilwara passed the assessment orders dated 21.03.2017, 05.03.2018 and 28.03.2019 for the assessment years 2014-2015, 2015-2016 and 2016-2017 respectively by which the respondents held the petitioner-company liable to pay the amount of Rs.10,06,266/-, 43,073/- and 1,75,55,035/- on account of non-payment of the entry tax for the goods purchased by the petitioner from outside the State of Rajasthan. In furtherance of the aforesaid assessment orders, notice for payment of demand were also issued.
4. The respondent-Department, in order to recover the aforesaid due amount from the petitioner-company, issued a notice/communication dated 17.07.2019 to the Manager SBI, Agoocha, District Bhilwara (respondent No.2), invoking special mode of recovery under Section 50 of RVAT, 2003 read with Section 9 CST Act whereby it had directed the respondent No.2 to recover the outstanding amount of Rs.1,86,
The approval of a Resolution Plan under the IBC extinguishes all prior tax dues, making any recovery attempts invalid.
The approval of a resolution plan under the IBC extinguishes all prior dues, preventing any demands for those periods.
The Insolvency and Bankruptcy Code's provisions override tax claims from pre-insolvency periods, barring enforcement of assessments not included in a Resolution Plan.
Point of Law - NCLAT judgment in holding that claims that may exist apart from those decided on merits by the resolution professional and by the Adjudicating Authority/Appellate Tribunal can now be d....
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 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.
The approval of a resolution plan under the IBC extinguishes all claims not included in the plan, including tax liabilities, ensuring a fresh start for the corporate debtor.
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