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September 2025

Goods And Services Tax

By Puloma Dalal | Jayesh Gogri | Mandar Telang, Chartered Accountants
Reading Time 11 mins
HIGH COURT
44. (2025) 30 Centax 95 (All.) Arena
Superstructures Pvt. Ltd. vs. Union of India
dated 21.04.2025
Once a Resolution Plan is approved by the NCLT, no fresh claims can be raised thereafter by anyone including by tax authorities
FACTS
Petitioner went into the Corporate Insolvency Resolution Process (CIRP) on 10.10.2020. A formal notice was issued to respondent informing them of the commencement of the CIRP process by resolution professional. On 19.07.2022, the National Company Law Tribunal (NCLT) approved the Resolution Plan. However, on 04.02.2025, the respondent passed an order confirming demand for F.Y. 2017–18 under section 74(9) of the CGST Act. Being aggrieved, the petitioner filed a writ petition before the Hon’ble High Court.
HELD
The Hon’ble High Court relying on