VidhiSangh

Supreme Court of India · 27/03/2025

M/S JSW STEEL LIMITED versus PRATISHTHA THAKUR HARITWAL & ORS.

[2025] 3 S.C.R. 1200 · 2025 INSC 401

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Summary

Chhattisgarh commercial tax authorities who raised sales tax, VAT and entry tax demands for a pre-CIRP period against a company whose resolution plan had been approved under Section 31 IBC, after the Supreme Court's judgment in Ghanshyam Mishra (in which the petitioner's own case was decided) had been brought to their notice, acted contemptuously; the demand notices and consequent proceedings were quashed, but no action was taken against the officers on their unconditional apology and the benefit of doubt.

Issues

  1. Whether State tax authorities that were not parties to the CIRP or to the writ petition decided in Ghanshyam Mishra are bound by the approved resolution plan and by that judgment, so that raising demands for pre-approval statutory dues not included in the plan amounts to wilful disobedience of the Court's order.
  2. Whether the judgment in State Tax Officer v. Rainbow Papers Limited entitled the authorities to raise such demands.
  3. Whether the Court should punish the alleged contemnors.

Provisions considered

Held

Result

Contempt petition disposed of; I.A. No. 21914 of 2024 for amendment of cause title allowed; act of the alleged contemnors held contemptuous in nature but no action taken, their unconditional apology being accepted; demand notices issued to the petitioner company and all proceedings pursuant thereto held illegal and quashed.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1200.