C.A. No. 002796 - / 2022
DEPARTMENT OF SALES TAX vs RAJAT MUKHARJEE
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MRS. JUSTICE B.V. NAGARATHNA
Order Date
29-04-2022
Filed On
04-04-2022 11:43 AM
casestatus.in Summary
Under the Insolvency and Bankruptcy Code, State tax dues are not entitled to priority as crown debts and must be treated as government dues under Section 53(1)(e), subject to the waterfall mechanism of distribution of assets under Section 53. As analyzed on casestatus.in, this position is settled law and not res integra, binding all subordinate proceedings involving similar claims by State tax authorities in insolvency matters.