Topic
Extinguishment of Claims
2 articles
Indirect Tax & GST
A GST Demand Raised After the Resolution Plan Is Approved: Calcutta High Court on Extinguishment of Unclaimed IGST Dues Under Section 31 of the IBC
A GST authority issued a Section 73 notice in September 2025 for 2021-22, two years after Srei Equipment Finance's resolution plan was approved. The Calcutta High Court held the dues extinguished and quashed the notice, the order-in-original and a separate interest notice.
13 min readIndirect Tax & GST
A Claim Never Filed Is a Claim Extinguished: Delhi High Court Quashes a Customs Duty Demand the Department Never Placed Before the Resolution Professional
The goods were imported in 2023, the insolvency process ran its course in 2024 and 2025, and the customs show-cause notice arrived only after the resolution plan had already been approved. The Delhi High Court held that a customs demand for duty, interest and penalty on a pre-CIRP import cannot outlive a resolution plan the department never bothered to file a claim in — however live the underlying adjudication otherwise remained.
14 min read