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Punjab and Haryana High Court: Pre-CIRP GST Demands Stand Extinguished; Post-CIRP Demand Survives (Ballarpur Industries)

Decided 1 September 2026. The Punjab and Haryana High Court has quashed GST demands of about ₹1.62 crore relating to periods before the corporate insolvency resolution process (CIRP) of Ballarpur Industries, following the Supreme Court in Ghanashyam Mishra. A small demand for a period after the CIRP was finalised was left untouched.

Case at a glance

CaseBallarpur Industries Ltd. & Anr. v. Assistant Commissioner, CGST Division, Yamunanagar & Ors.
ForumPunjab and Haryana High Court (Acting Chief Justice Ashwani Kumar Mishra and Justice Rajesh Gaur)
Case No.CWP-25020-2026 (O&M)
Date of decision1 September 2026
Demands quashedFY 2019-20: ₹1,60,82,836; FY 2021-22: ₹1,27,012 (with interest and penalty)
Demand survivingFY 2023-24: about ₹35,848
ResultWrit partly allowed

Facts of the case

The petitioner had gone through CIRP under the Insolvency and Bankruptcy Code, and a resolution plan was approved. GST demands were later raised for FY 2019-20 and 2021-22, prior to initiation of CIRP, and for FY 2023-24, after the CIRP was completed.

Issue before the High Court

Can GST demands for periods before CIRP be enforced against a company after its resolution plan is approved?

What the High Court held

  • Both sides agreed that demands for periods prior to CIRP are covered by Ghanashyam Mishra and Sons v. Edelweiss Asset Reconstruction (Supreme Court, 2021): claims not part of the approved resolution plan stand extinguished.
  • The FY 2019-20 and 2021-22 demands were quashed, with interest and penalty in proportion.
  • The FY 2023-24 demand related to a period after CIRP and was not questioned by the petitioner; it stands.

Practical takeaways for taxpayers

  1. Companies acquired under an approved resolution plan should challenge any GST demand for pre-CIRP periods not included in the plan.
  2. GST departments must file claims before the resolution professional; demands raised later for old periods are generally unenforceable.
  3. Post-CIRP periods remain fully subject to GST.

Frequently asked questions

What happens to GST dues after a resolution plan is approved?

Dues for periods before CIRP that are not part of the plan stand extinguished, as held by the Supreme Court in Ghanashyam Mishra.

Are post-resolution GST dues affected?

No. Liabilities for periods after the CIRP must be paid normally.

Facing a similar GST dispute?

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This summary is based on the order of the Punjab and Haryana High Court in CWP-25020-2026. It is general information, not legal advice; the outcome of any case depends on its own facts and the full text of the order.

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