Goods And Services Tax

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 the decisions of the Apex Court in N.S. Papers Ltd. Writ Tax No. 408 of 2021 and Vaibhav Goel [Civil Appeal No. 49 of 2022], held that once a Resolution Plan is approved by the NCLT, all other creditors are barred from raising any further claims, as it would disrupt the resolution process. Consequently, the Court held that the impugned assessment order and demand notice were liable to be set aside. 45. (2025) 32 Centex 101 (H.P) Shyama Power India LTD vs. State of H.P. date

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