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Su-Kam Power System Ltd. & Anr. vs State of Himachal Pradesh & Ors.

Date of Order: August 21, 2024
Subject: Recovery of tax dues after approval of liquidation sale as going concern
Description:

The petitioners challenged attachment and recovery proceedings initiated for VAT, CST and GST dues after the company was sold as a going concern under the IBC. The factual background showed that statutory dues were treated as operational debt and settled under the approved acquisition plan.
The Court held that once the resolution and acquisition plan attained finality, all prior claims stood extinguished. Recovery proceedings initiated thereafter were held to be illegal and were quashed.

Foot Note:

Case laws referred:
Ghanashyam Mishra & Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Co. Ltd., (2021) 9 SCC 657

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