The petitioner, sought to quash demand notices issued by the Gram Panchayat, Gowari, seeking recovery of outstanding tax dues pertaining to the period prior to its acquisition of assets from Gupta Global Resources Private Limited under the IBC. The court held that the petitioner was not liable for tax dues owed by the previous owner under the provisions of the IBC, 2016.

1. Parties and Background
   Maha Mineral Mining (Petitioner) acquired the assets of Gupta Global Resources Pvt. Ltd. through liquidation under the IBC, 2016. The Gram Panchayat issued a demand notice for tax dues for periods prior to the acquisition, which the petitioner challenges.

2. Proceedings Under the IBC
   Gupta Global entered the Corporate Insolvency Resolution Process (CIRP) under the IBC after failing to repay debts. No resolution plan was approved, and liquidation proceedings commenced. Assets were sold to the petitioner on a "slump sale" basis, free from encumbrances as per IBC.

3. Respondent's Failure to File Claim
   The Gram Panchayat, despite being a creditor, failed to submit its claim during the CIRP or liquidation process. As a result, its claim for tax dues was extinguished under IBC provisions.

4. Petitioner's Acquisition
   The petitioner acquired Gupta Global’s assets through an auction, and the sale certificate clearly stated that the property was free from all encumbrances and liabilities, including past dues.

5. Respondent's Demand Notices
   Despite the sale conditions, the Gram Panchayat issued fresh demand notices for tax dues relating to the period before 2019 (pre-acquisition). The petitioner argued that these demands violated the principles of the IBC.

6. IBC Provisions
   Sections 36, 18, 38, and 31 of the IBC were discussed, with emphasis on the extinguishment of pre-existing claims not filed during CIRP or liquidation. The Supreme Court decision in Ghanshyam Mishra & Sons Pvt. Ltd. was cited, affirming that unsubmitted claims cannot be recovered post-resolution.

Legal Acts and Sections Discussed:

• Insolvency and Bankruptcy Code, 2016 (IBC):
  Sections 10, 18, 31, 36, 38 discussed in relation to corporate insolvency and liquidation.

• Maharashtra Village Panchayat Act, 1959:
  Section 124, regarding the authority of the Panchayat to levy taxes on buildings and lands.

Ratio Decidendi:

The respondent's claim for tax dues, not submitted during the CIRP or liquidation process, was extinguished by the operation of the IBC. The IBC ensures that post-acquisition, no liabilities prior to the sale can be imposed on the purchaser. This principle is reinforced by the Supreme Court ruling in Ghanshyam Mishra & Sons Pvt. Ltd. which clarified that claims not included in a resolution plan are extinguished and cannot be pursued later.

Subjects:

Tax recovery during insolvency proceedings under the IBC, extinguishment of unsubmitted claims.

IBC, Insolvency Proceedings, Tax Dues, Liquidation, Corporate Debtor, Panchayat Tax.