TMI Blog2022 (3) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... - SUPREME COURT ] considered similar issue and it was 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant company was prepared by the Resolution Professional and approved by the National Company Law Tribunal (NCLT) vide its order dated 03.07.2019 22.07.2019. Revenue had also made its claim before the Resolution Professional vide its letter dated 12.05.2017. The Deputy Commissioner, CGST Central Excise, Division Chandrapur, who was concerned with, also vide his letter dated 28.09 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ], this appeal becomes infructuous and has to be abated in terms of Rule 22 of the CESTAT (Procedure) Rules, 1982. 2.4 Learned Authorised Representative for the Revenue admits to the position as stated by the counsel. 3.1 We have considered the submissions made. 3.2 A three judges bench of Hon ble Supreme Court has in the case of Ghanashyam Mishra Sons [2021 (9) SCC 657] considered simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity a creditor including the Central Government, State Government or any local authority is entitled to initiate any proceedings for recovery of any of the dues from the Corporate Debtor, which are not a part of the Resolution Plan approved by the adjudicating authority? CONCLUSION 95. In the result, we answer the questions framed by us as under: (i) That once a resolution plan is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has come into effect; (iii) Consequently 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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