Radiant Castings Private Limited Vs Joint Commissioner of State Taxes & Excise (Himachal Pradesh High court)
The Himachal Pradesh High Court allowed the petition filed by Radiant Castings Private Limited seeking quashing of notice dated 22.08.2022 issued by the Joint Commissioner of State Taxes & Excise, South Enforcement Zone, Parwanoo, and challenging the blocking of Input Tax Credit (ITC) amounting to Rs. 4,27,11,970/-. The petitioner also sought restraint against further coercive action relating to a demand claimed to have been extinguished after completion of the Corporate Insolvency Resolution Process (CIRP).
The Court noted that the National Company Law Tribunal (NCLT), New Delhi, had approved the Resolution Plan on 30.08.2023 under Section 30(6) read with Section 31 of the Insolvency and Bankruptcy Code, 2016, in respect of the corporate debtor. The Resolution Plan submitted by the Successful Resolution Applicant, M/s Scope Dealtrade Private Limited, was accepted.
During the CIRP proceedings, the State failed to submit its claim before the NCLT. Consequently, the State’s claim was neither adjudicated nor allowed by the NCLT. Thereafter, the respondent-State filed an application seeking recall of the NCLT order, which was dismissed on 20.02.2025.
The State subsequently challenged the dismissal before the National Company Law Appellate Tribunal (NCLAT) through Company Appeal (AT) (Insolvency) No. 684 of 2025. The NCLAT dismissed the appeal on 09.07.2025. The State then filed Civil Appeal No. 11330 of 2025 before the Supreme Court, which was also dismissed on 23.09.2025, with the Court observing that no ground existed to interfere with the NCLAT order.
Comments are closed.