Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd.

9 SCC 657Reported decision2021#3654 most cited

What is Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. authority for?

All claims, including statutory dues, that predate the approval of a resolution plan under the IBC stand extinguished by operation of law. No proceedings can be initiated or continued for such claims if they are not part of the approved plan.

33

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2026.

Also referred to as

Ghanashyam Mishra & Sons · Edelweiss Asset Reconstruction Co Ltd · section 31(1) IBC · statutory dues · extinguished claims · resolution plan approval · NCLT approval · prior period dues · corporate insolvency resolution process

Sections most often in play

Section 148Section 14Section 143(3)Section 178(6)Section 250Section 31Section 147Section 238

Issues it is cited on

section 31(1)section 178(6)statutory duessection 238section 60section 31going concernsection 32(1)(iia)section 17section 30section 53corporate guarantee

Judgments citing Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd.

ACIT, CIRCLE-7(1), DELHI, DELHI vs. DELHI CONTROL DEVICES PRIVATE LIMITED, DELHI

In the result, the revenue’s appeal is dismissed

ITA 5909/DEL/2025[2018-19]Status: HeardITAT Delhi05 Mar 2026AY 2018-19

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahmanasstt. Year : 2018-19

For Appellant: NoneFor Respondent: Shri Manish Gupta, Sr. DR
Section 14Section 147Section 53

…NCLT approving the resolution plan before the NCLAT, which appeal was rejected on account of delay and, hence, the resolution plan has become final. (b) The Apex Court in Ghanshyam Mishra & Sons Pvt. Ltd. v/s. Edelweiss Asset Reconstruction Company Ltd (2021) 9 SCC 657 after considering the provisions of the Code has finally concluded in paragraph 102 that all dues including statutory dues owed to the Central Government, 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 a period prior to the date on which the Adjudi…

CHARANBIR SINGH SETHI,GURGAON vs. ACIT, CENTRAL CIRCLE-19,, NEW DELHI

The appeals are allowed for statistical purposes

ITA 2774/DEL/2025[2013-14]Status: DisposedITAT Delhi13 Feb 2026AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwalcharanbir Singh Sethi Vs. Acit, Central Circle-19 Ar-717, The Aralias, Dlf Ara Centre, Golf Links, Dlf City, Jhandewalan, Phase-V, Gurgaon New Delhi – 110055 Haryana – 122009 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aasps9437K Appellant .. Respondent Amrit Pal Singh Chadha Vs. Acit, Central Circle 19 4410, Dlf Phase-V, Ara Centre, Kutub Enclave, Gurgaon Jhandewalan, Haryana – 122002 New Delhi – 110055 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aewpc3215P Appellant .. Respondent

For Appellant: Sh. Amarjit Singh, CAFor Respondent: Sh. Rajesh Kumar Dhanesta, Sr
Section 102(2)Section 143(1)

…Del/2022 order dated 17.1.2025, in which one of us, the judicial member was also in quorum, and the Coordinate Bench after considering decision of Hon’ble Supreme Court in Ghanashyam Mishra & Sons (P) Ltd. Vs. EdelweissAsset Reconstruction Co. Ltd., (2021) 9 SCC 657 and Hon’ble Supreme Court in Case of Sundaresh Bhatt vs Central Board Of Indirect Taxes And Customs (CIVIL APPEAL No. 7667 of 2021) had held as follows: “20. Now, in Ghanashyam Mishra’s case (supra), in para 98, the Hon’ble Supreme Court has clarified that even a claim in respect of the dues arising under any law for the time being in force and…

AMRIT PAL SINGH CHADHA,GURGAON vs. ACIT, CENTRAL CIRCLE-19,, NEW DELHI

The appeals are allowed for statistical purposes

ITA 2773/DEL/2025[2013-14]Status: DisposedITAT Delhi13 Feb 2026AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwalcharanbir Singh Sethi Vs. Acit, Central Circle-19 Ar-717, The Aralias, Dlf Ara Centre, Golf Links, Dlf City, Jhandewalan, Phase-V, Gurgaon New Delhi – 110055 Haryana – 122009 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aasps9437K Appellant .. Respondent Amrit Pal Singh Chadha Vs. Acit, Central Circle 19 4410, Dlf Phase-V, Ara Centre, Kutub Enclave, Gurgaon Jhandewalan, Haryana – 122002 New Delhi – 110055 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aewpc3215P Appellant .. Respondent

For Appellant: Sh. Amarjit Singh, CAFor Respondent: Sh. Rajesh Kumar Dhanesta, Sr
Section 102(2)Section 143(1)

…Del/2022 order dated 17.1.2025, in which one of us, the judicial member was also in quorum, and the Coordinate Bench after considering decision of Hon’ble Supreme Court in Ghanashyam Mishra & Sons (P) Ltd. Vs. EdelweissAsset Reconstruction Co. Ltd., (2021) 9 SCC 657 and Hon’ble Supreme Court in Case of Sundaresh Bhatt vs Central Board Of Indirect Taxes And Customs (CIVIL APPEAL No. 7667 of 2021) had held as follows: “20. Now, in Ghanashyam Mishra’s case (supra), in para 98, the Hon’ble Supreme Court has clarified that even a claim in respect of the dues arising under any law for the time being in force and…

DCIT,CIRCLE-5(1), KOLKATA, KOLKATA vs. HINDUSTHAN NATIONAL GLASS AND INDUSTRIESLIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed as being infructuous

ITA 338/KOL/2024[2011-12]Status: DisposedITAT Kolkata31 Dec 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 148ASection 14ASection 250

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

ITO, WARD-8(2), KOLKATA, KOLKATA vs. M/S. SARGA HOTEL PVT. LTD. , KOLKATA.

In the result, both the appeals filed by the Revenue are dismissed as infructuous

ITA 665/KOL/2023[2014-15]Status: DisposedITAT Kolkata31 Dec 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

I.T.O, WARD-8(2), KOLKATA, KOLKATA vs. M/S. SARGA HOTEL PVT. LTD. , SALT LAKE

In the result, both the appeals filed by the Revenue are dismissed\nas infructuous

ITA 664/KOL/2023[2013-14]Status: DisposedITAT Kolkata31 Dec 2025AY 2013-14
Section 143(3)Section 250

…whom a debt in respect of payment of\ndues arising under any law for the time being in force. The Supreme Court\nin the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset\nReconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC)\n[2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and\nhas held that once the resolution plan is sanctioned under section 31(1) of\nthe IBC, the claims provided in the plan will stand frozen and all such claims\nwhich are not part of the plan will stand extinguished. [Para 9.2]\n■ The law is well settled that on the approval of the resolution p…

RITESH SINGH ACIT CIRCLE 3 3 1, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

In the result, all the three appeals are allowed for statistical purpose

ITA 5460/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Dec 2025AY 2018-19
Section 143(3)Section 270ASection 7

…s approved by\nNCLT as it would lead to uncertainties in how much amount would be payable by\nthe resolution applicant (or, as the case may be, the Auction Purchaser).\n\n10. In Ghanashyam Mishra & Sons Pvt Ltd Vs Edelweiss Asset\nReconstruction Co Ltd (2021) 9 SCC 657, it was held that on the date of\napproval of resolution plan (or, as the case may be, the Acquisition Plan) by\nthe NCLT, all claims for the past period, shall stand extinguished and no\nperson, will be entitled to initiate or continue any proceedings in respect to a\nclaim, which is not part of the said plan. Further, all the dues including the\n…

RITESH SINGH ACIT CIRCLE 3 3 1 MUMBAI, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

In the result, all result, all the three appeals are allowed for three appeals are allowed for statistical purpose statistical purpose

ITA 5459/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Dec 2025AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Shri Leyaqat Ali, Sr. DRFor Respondent: Shri Parth Parikh, Adv
Section 143(3)Section 270ASection 7

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI RAJ KUMAR CHAUHAN (JUDICIAL MEMBER) ITA No. 5459 to 5460/MUM/2024 Assessment Year: 2017-18 and 2018-19 ACIT Circle 3 3 1, Trend Electronics Limited C/o Room No. 522, 5th Floor, Aayakar Divyesh Desai Liquidator, Vs. Bhavan, M.K. Road, Churchgate, Divyesh Desai C/o Moore Singhi Mumbai - 400020 Advisors LLP, B2, 402, Marathon Innova, Off Ganapatrao Kadam Mark, Lower Parel, Mumbai – 400013. PAN NO. AAACV 5946 R Appellant Respondent Assessment Year: 2018-19 ACIT Circle 3 3 1, Trend Electronics Limi…

DBG LEASING AND HOUSING LTD.,,NEW DELHI vs. ITO-7(1), NEW DELHI

In the result, the Assessee’s appeal is dismissed

ITA 8308/DEL/2019[2008-09]Status: DisposedITAT Delhi15 Dec 2025AY 2008-09

Bench: Shri Mahavir Singh & Shri Krinwant Sahayasstt. Year : 2008-09 Dbg Leasing & Housing Ltd., Vs Ito, Ward 7(1), New Delhi C-88, Gali No. 8, Jyoti Colony, Shahdara, Delhi – 110 032 (Pan: Aaacd0473F) (Appellant) (Respondent) Appellant By : Shri Ved Jain, Adv. & Ms. Uma Upadhyay, Ca Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr

For Appellant: Shri Ved Jain, Adv. & Ms. Uma Upadhyay, CAFor Respondent: Ms. Harpreet Kaur Hansra, SR. DR
Section 147Section 29ASection 30(2)Section 31(1)

…Plan approved and therefore, the same is extinguished by the operation of law as already decided by the Hon’ble Supreme Court of India in the case of Ghanshyam Mishra & Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited reported in (2021) 9 SCC 657 wherein, it has been held that all the claims, including statutory dues, predating the resolution plan’s approval, stand extinguished. Thus, taking into consideration this particular aspect of the matter, the statutory dues, including tax liabilities, pertaining to the period before resolution plan approved by the NCLT cannot survive. Hence, the 4…

M/S IMPEX FERRO TECH LTD.,KOLKATA vs. A.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 1640/KOL/2019[2014-15]Status: DisposedITAT Kolkata27 Oct 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144CSection 145(3)Section 250

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims I.T.A. Nos.: 1521 & 1640/KOL/2019 Assessment Year: 2014-15 M/s. Impex Ferro Tech Ltd. which are not part of the plan will stand extinguis…

D.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA vs. M/S IMPEX FERRO TECH LTD., KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 1521/KOL/2019[2014-15]Status: DisposedITAT Kolkata27 Oct 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144CSection 145(3)Section 250

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims I.T.A. Nos.: 1521 & 1640/KOL/2019 Assessment Year: 2014-15 M/s. Impex Ferro Tech Ltd. which are not part of the plan will stand extinguis…

M/S IMPLEX FERRO TECH LTD.,KOLKATA vs. DCIT, CIR. 3(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 293/KOL/2022[2012-13]Status: DisposedITAT Kolkata08 Sept 2025AY 2012-13

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 250Section 68

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

M/S IMPLEX FERRO TECH LTD.,KOLKATA vs. DCIT, CIR. 3(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 292/KOL/2022[2012-13]Status: DisposedITAT Kolkata08 Sept 2025AY 2012-13

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 250Section 68

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

CALYX CHEMICALS AND PHARMACEUTICALS LIMITED ,MUMBAI vs. INCOME TAX OFFICER CC 4 , THANE

In the result, the appeal of the assessee is allowed

ITA 2500/MUM/2024[2013-14]Status: DisposedITAT Mumbai04 Aug 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarcalyx Chemicals & V/S. Income Tax Officer, Pharmaceuticals Limited, बनाम Centre Circle – 4, Thane, 1408, 14Th Floor, Real Tech Maharashtra Park, Sector – 30A, Vashi, Navi Mumbai - 400 703, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabcc1457B Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Narayan Atal, ARFor Respondent: Mr. Virabhadra S. Mahajan (Sr. DR)
Section 133ASection 147Section 148Section 37

…IN THE INCOME-TAX APPELLATE TRIBUNAL“C” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER Calyx Chemicals and v/s. Income Tax Officer, Pharmaceuticals Limited, बनाम Centre Circle – 4, Thane, 1408, 14th Floor, Real Tech Maharashtra Park, Sector – 30A, Vashi, Navi Mumbai - 400 703, Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AABCC1457B Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Narayan Atal, AR Respondent by : Mr. Virabhadra S. Mahajan (Sr. DR) Date of Hearing 02.07.2025 Date of Pronouncement 04.08.2025 आदेश / O R D E R PER PRABHASH…

DCIT, CENTRAL CIRCLE 2(2), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD. (KNOWN AS M/S. BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 470/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 May 2025AY 2013-14

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

M/S. ULTRATECH NATHDWARA CEMENT LTD.(FORMERLY KNOWN AS M/S. BINANI CEMENT LTD.,),KOLKATA vs. DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 152/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 May 2025AY 2013-14

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

ACIT, CIR-14(1), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD.(KNOWN AS M/S BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 611/KOL/2015[2010-2011]Status: DisposedITAT Kolkata28 May 2025AY 2010-2011

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

BINANI CEMENT LTD.,MUMBAI vs. D.C.I.T., CENTRAL CIRCLE-XXVIII, KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 1726/KOL/2014[2008-2009]Status: DisposedITAT Kolkata28 May 2025AY 2008-2009

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

…to whom a debt in respect of payment of dues arising under any law for the time being in force. The Supreme Court in the matter of Ghanashyam Mishra & Sons (P.) Ltd. v. Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan will stand frozen and all such claims which are not part of the plan will stand extinguished. [Para 9.2] ■ The law is well settled that on the approval of the resolution plan…

FRUGAL DEVELOPERS P.LTD,NOIDA vs. ACIT, CENTRAL CIRCLE-27, NEW DELHI

In the result, both the appeals of the assessee are dismissed as infructuous

ITA 5757/DEL/2017[2011-12]Status: DisposedITAT Delhi08 May 2025AY 2011-12

Bench: Shri Shamim Yahya & Shri Sudhir Pareek & M/S Frugal Developers P Vs. Dcit, Cc-18, Ltd., New Delhi C/O Rra Taxindia, D-28, South Extension, Part-I, New Delhi – 49

For Appellant: Sh. Somil Agarwal, Adv. & MsFor Respondent: Sh. Rajesh Kumar Dhanesta
Section 31(1)

…r to the resolution plan’s approval is, therefore, extinguished by the operation of law as already decided by the Hon’ble Apex Court in the case of Ghanashaym Mishra & Sons Private Limited Vs. Edelweiss Asset Reconstruction Company Limited, reported in (2021) 9 SCC 657 wherein it has been held that all claims, including statutory dues, predating the resolution plan’s approval, stand extinguished. Thus, taking into consideration this particular aspect of the matter, the statutory dues, including tax liabilities, pertaining to the period before resolution plan approved cannot survive. 4. It is contended by the Ld.…

VAIBHAV GOEL vs. DEPUTY COMMISSIONER OF INCOME TAX

C.A. No.-000049 - 2022Supreme Court20 Mar 2025

Bench: HON'BLE MR. JUSTICE ABHAY S. OKA

Section 154Section 61Section 62

…lause (e) of Clause 2 of the approved Resolution Plan, under the heading ‘Settlement of Outstanding Liabilities’, it was provided thus: “.. .. .. .. .. .. .. The Resolution Applicant however understands from the information made 2 (2021) 9 SCC 657 Civil Appeal No.49 of 2022 Page 5 of 12 available, all does (sic dues) pertaining to the Statutory Liabilities being paid on time. Therefore, the Resolution Applicant proposes to pay all Statutory Liabilities as appearing in the balance sheet of CIRP commencement date i.e. 31.05.2018 in the normal course of…

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