SREI EQUIPMENT FINANCE LIMITED v. OFFICE OF THE PRINCIPAL COMMISSIONER , CENTRAL GST AND CENTRAL EXCISE COMMISSIONERATE & ORS. – Gujarat High Court
High Court, Gujarat
Bhargav D. Karia, Justice & Pranav Trivedi, Justice
SREI EQUIPMENT FINANCE LIMITED
v.
OFFICE OF THE PRINCIPAL COMMISSIONER , CENTRAL GST AND CENTRAL EXCISE COMMISSIONERATE & ORS.
R/SPECIAL CIVIL APPLICATION No. 10016 of 2025 dated 11.09.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 73
Decision : In favour of assessee
Demand – CIRP – NBFC under IBC with NCLT-approved resolution plan – NCLT order held all pre-CIRP claims not part of plan stand extinguished binding on statutory authorities per Ghanashyam Mishra (2021) 9 SCC 657 – Demand raised for FY prior to resolution plan approval date – Held: Order unsustainable – Pre-CIRP GST demands extinguished upon NCLT plan approval unless specifically included – Order quashed as proceedings impermissible post resolution plan finality.
Represented By:
Counsel for the Petitioner: Pavan S Godiawala
Continue Reading...
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
🔒 Premium Content
Subscribe to access complete articles, notifications, circulars, case laws, downloads, videos and premium resources.
Become Premium Member