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

Vaishnavi Gupta and Sangini Nagpal
NMIMS, Kirit P. Mehta School of Law, Mumbai, India.

Volume III, Issue V, 2020

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.

Keywords: Outstanding tax dues, Corporate Debtor, GST Department, Resolution Plan