Home » Laws » GST Case Laws » SREI EQUIPMENT FINANCE LTD. v. ASSISTANT COMMISSIONER, DIV-III CGST & C-EX, NAVI MUMBAI & ORS. – BOMBAY HIGH COURT

SREI EQUIPMENT FINANCE LTD. v. ASSISTANT COMMISSIONER, DIV-III CGST & C-EX, NAVI MUMBAI & ORS. – BOMBAY HIGH COURT

High Court, Bombay
M.S. Sonak, Justice & Advait M. Sethna, Justice

SREI EQUIPMENT FINANCE LTD.
v.
ASSISTANT COMMISSIONER, DIV-III CGST & C-EX, NAVI MUMBAI & ORS.

WRIT PETITION No. 2220 of 2025 dated 16.10.2025

Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Decision : In favour of assessee

Recovery of GST dues post-resolution plan – Resolution plan approved – Department issued SCN raising demand – Petitioner contended once resolution plan approved under Section 31 of IBC all claims not forming part thereof stand extinguished – Statutory dues of Central/State Government or local authority for period prior to approval cannot be recovered – Action of department in issuing notice and passing order contrary to law – Held: Proceedings without jurisdiction – Order quashed.

Represented By:

Counsel for the Petitioner: Parth Badheka, a/w Nikita R. Badheka & Nikhil Mengde

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