Calcutta HC says GST Dues Extinguished When Not Included in Approved Resolution Plan

SREI Equipment Finance's GST liability related to FY 2021-22, entirely preceding approval of its resolution plan on 11 August 2023. Since the GST authorities had not lodged their claim during CIRP, the Court held that the dues stood extinguished under Section 31(1) of the IBC and that the Department had no jurisdiction to subsequently issue a Section 73 notice or confirm the demand.