2025 (3) TMI 1024

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..... Respondent No. 5: Adv. Jitendra Mishra with Adv. Sangeeta Yadav, . P.C. 1. The above Writ Petition challenges the Order dated 4th September, 2024 passed by Respondent No. 4 under Section 74 (9) of the CGST/ MGST Act, 2017 as well as the Show Cause Notices dated 6th September, 2024 (Exh. B1 to B6) issued by the same Respondent under Section 74 (1) of the CGST/MGST Act, 2017. The Order dated 4th .....

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..... anctioned, because the same would be subsumed in the Resolution Plan sanctioned by the NCLT under Section 31 of the Insolvency and Bankruptcy Code, 2016. 5. In support of the contention, the learned Counsel appearing on behalf of the Petitioner relied upon the decision of the Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd., v/s. Edelweiss Asset Reconstruction Company Lim .....

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..... well as the adjudication of the impugned Show Cause Notices. We say, this because, atleast prima facie, the Hon'ble Supreme Court in the case of Ghanashyam Mishra (supra) has framed a principle that when the new management takes over a Company under a Resolution Plan, it starts with the clean slate and would not be liable for the past dues of the Company and which were incurred prior to the sancti .....

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