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CGST Dept Can’t Institute Legal Proceedings on NCLT Liquidated Corporate Debtor’s Property: HP HC
Case Law Details
- Case Name
- Su-Kam Power System Ltd. & Another Vs State of Himachal Pradesh & Others (Himachal Pradesh High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
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- Courts
- All High Courts, Himachal Pradesh HC
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Su-Kam Power System Ltd. & Another Vs State of Himachal Pradesh & Others (Himachal Pradesh High Court)
Conclusion: The red entry/charge created by the Revenue Department on the property of assessee-company during the currency of the moratorium imposed by the NCLT, would be void in law as once the order for the sale of Corporate Debtor as a going concern had been upheld by the NCLAT and by the Supreme Court, it was not permissible for the respondents to act, as if they still have a right over the properties of assessee-Company.
Held: Assessee-company was engaged in the business of manuf...
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