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Article Vol. 3 No. 5 (2020) PP. 192 - 203

Case Analysis: “Ultra Tech Nathdwara Cement Ltd., (Formerly known as Binani Cement Ltd.) Vs. Union of India”

Lead author · Corresponding
Vaishnavi Gupta
NMIMS, Kirit P. Mehta School of Law, Mumbai, India
Co-author
Sangini Nagpal
NMIMS, Kirit P. Mehta School of Law, Mumbai, India
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Abstract

For a long time, Insolvency and Bankruptcy Code has raised the issue of treatment of outstanding tax dues of the corporate debtor. The same has been answered in the recent Rajasthan High Court judgment in the case of “Ultra Tech Nathdwara Cement Ltd. vs. Union of India” , the Court rejected the claim of the GST Department stating that once a resolution plan is approved by the Adjudicating Authority, all dues and liabilities stands extinguished. The court while relying on Section 31 of the Code held that the Department cannot recover any amount over and above the amount stated in the resolution plan and such a plan becomes binding upon the Government Authorities once approved by the Adjudicating Authority

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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 192 - 203
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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