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2022 (3) TMI 397 - HC - VAT and Sales TaxRealization of the amount of VAT and CST - resolution plan was approved - Section 30 of Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Similar issue relating to realization of Jharkhand Value Added Tax Act and CST for the period 2011-12 and 2012-14 of the petitioner’s company were under challenge in the writ petition in ELECTROSTEEL STEELS LIMITED VERSUS THE STATE OF JHARKHAND, RANCHI JOINT COMMISSIONER OF STATE TAX (ADMN.) , DEPUTY COMMISSIONER OF STATE TAX, ASSISTANT COMMISSIONER OF STATE TAX, [2020 (5) TMI 39 - JHARKHAND HIGH COURT] and analogous writ petitions for the respective period. The petitioner having lost before this Court went in Special Leave Petition before the Apex Court. The Apex Court in a batch of appeals along with Civil Appeals of the petitioners led by appeal in GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. [2021 (4) TMI 613 - SUPREME COURT] considered the issue and held that all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. The impugned demand notice based on the assessment order dated 28.03.2018 (Annexure-3) cannot be realized from the petitioners - Petition allowed.
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