NCLAT dismissed an appeal by Gujarat State Tax Officer challenging treatment of Rs 83 lakh GST dues as unsecured operational debt in a corporate insolvency.
The Tribunal ruled Section 82 of CGST Act's statutory charge is subordinate to IBC via its 'save as otherwise provided' clause, distinguishing it from Rainbow Papers case.
The approved resolution plan for Saurashtra Specialities has been fully implemented with payments made and monitoring committee dissolved, making the appeal infructuous.
NCLAT also upheld RP's rejection of updated GST claims raised during moratorium period, finding no infirmity in the resolution professional's actions.