JUDGMENT:

INDEX ISSUES CONSIDERED IN THIS JUDGMENT…………………………………………….3 FACTUAL BACKGROUND ARISING FROM THE COURT RECEIVER’S REPORT…..5 DISPUTE WITH RESPECT TO PAYMENT OF GST……………………………………...7 RELEVANT PROVISIONS OF LAW………………………………………………………...9 SUBMISSIONS ADVANCED………………………………………………………………20 SUBMISSIONS ON BEHALF OF THE AMICUS CURIE………………………………..20 SUBMISSIONS ON BEHALF OF THE COURT RECEIVER…………………………….27 SUBMISSIONS ON BEHALF OF THE STATE OF MAHARASHTRA…………………31 SUBMISSIONS ON BEHALF OF THE UNION OF INDIA……………………………...36 FINDINGS AND REASONING…..………………………………………………………..38 STATUS OF THE COURT RECEIVER……………………………………………………38 LIABILITY FOR PAYMENT OF GST ON ESTATES UNDER THE CONTROL OF THE COURT RECEIVER………………………………………………………………………...55 CONCLUSION……………………………………………………………………………...82

1. By an Order dated 24th November 2017 (Coram: S.C. Gupte, J.), this Court appointed Mr. V. Sreedharan, Senior Advocate, as Amicus Curiae. The Court observed :

“Considering the importance of the issue involved in the matter, which bears ge