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IN THE HIGH COURT OF ALLAHABAD
SHEKHAR B. SARAF, YOGENDRA KUMAR SRIVASTAVA
Arena Superstructures Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition seeks to quash assessment orders post-cirp. (Para 2 , 3) |
| 2. petitioner argues gst claims invalid post-approval of resolution plan. (Para 4) |
| 3. court emphasizes creditors barred from new claims post-resolution plan approval. (Para 5 , 6 , 7) |
| 4. assessment order quashed due to disruption of resolution process. (Para 8) |
| 5. writ petition allowed, assessment order quashed. (Para 9) |
JUDGMENT :
Shekhar B. Saraf, J.
1. Heard Sri Rahul Agarwal, learned counsel appearing along with learned counsel, Ms. Saumya Srivastava and Sri Ami Tandon for the petitioner and Sri Naveen Chand Gupta, learned counsel appearing along with learned counsel, Sri Gopal Varma, for the Union of India.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ-petitioner has sought the following prayers along with certain ancillary reliefs:
"(i) Issue an appropriate writ, order or direction in the nature of CERTIORARI or any other appropriate writ for quashing the Impugned Assessment Order dated 04.02.2025 bearing Reference No: ZD090225039501M passed under Section 74(9) of CGST/UPGST Act, 2017 by the Deputy Commissioner [Respondent No. 5] as well as the Impugn
Once a Resolution Plan is approved by the NCLT, subsequent claims by creditors are barred to prevent disruption of the resolution process.
Approval of a resolution plan under the IBC extinguishes all past dues, preventing any assessment or demand for liabilities incurred prior to that approval.
Once a resolution plan is approved under the Insolvency and Bankruptcy Code, claims not included therein are extinguished and cannot be enforced, ensuring clarity for the resolution applicant.
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.
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 tax dues, making any recovery attempts invalid.
The Insolvency and Bankruptcy Code's provisions override tax claims from pre-insolvency periods, barring enforcement of assessments not included in a Resolution Plan.
The approval of a resolution plan under the IBC extinguishes all prior dues, preventing any demands for those periods.
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