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As per case facts, petitioners purchased office space from a company undergoing liquidation via an auction. The KMC issued a notice proposing revaluation and demanding property tax for periods preceding
...the purchase. Petitioners challenged this, arguing KMC lacked jurisdiction to levy retrospective tax and that under the IBC, past dues of the company in liquidation, if not claimed, do not transfer to auction purchasers. KMC contended that the "as is where is" sale clause made the purchasers liable for all statutory dues. The question arose whether KMC can retrospectively revalue property and impose pre-purchase tax on an auction purchaser when it failed to lodge its claim under the Insolvency and Bankruptcy Code. Finally, the judgment, relying on Supreme Court precedents, held that the KMC cannot impose retrospective tax on the petitioners for periods prior to their property purchase, affirming the IBC's supremacy and the clean slate principle. Unclaimed dues under IBC cannot be recovered from auction purchasers, and the "as is where is" clause does not negate this.
Bench
Applied Acts & Sections
Section 3
–The Insolvency and Bankruptcy Code, 2016
Section 5
–The Insolvency and Bankruptcy Code, 2016
Section 31
–The Insolvency and Bankruptcy Code, 2016
Section 33
–The Insolvency and Bankruptcy Code, 2016
Section 38
–The Insolvency and Bankruptcy Code, 2016
Section 52
–The Insolvency and Bankruptcy Code, 2016
Section 53
–The Insolvency and Bankruptcy Code, 2016
Section 238
–The Insolvency and Bankruptcy Code, 2016
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