Facts of the
Case
The petitions challenged income tax demands raised
after approval of resolution plans under the Insolvency and Bankruptcy Code.
- In one case, the petitioner took over a corporate debtor pursuant
to a resolution plan approved under Section 31(1) of IBC. The revenue did
not submit claims during CIRP but later raised tax demands and penalties for
AY 2017–18.
- In the second case, CIRP was initiated and later a resolution plan
was approved. Despite this, reassessment proceedings and demand notices
were issued for AY 2014–15.
- In both cases, the demands related to pre-CIRP liabilities, and were issued after approval of the resolution plan.
Issues
Involved
- Whether income tax claims pertaining to pre-CIRP period survive
after approval of a resolution plan under Section 31 IBC.
- Whether the Income Tax Department can initiate or continue
proceedings for such claims post approval of resolution plan.
- Whether government dues are treated differently from other
creditors under IBC.
Petitioner’s
Arguments
- All pre-CIRP liabilities stand extinguished upon approval of
resolution plan.
- Revenue failed to submit claims within CIRP despite public notice.
- Post-approval tax demands violate the binding effect of Section 31
IBC.
- Relied on Supreme Court judgment in:
- Ghanshyam Mishra & Sons Pvt Ltd vs Edelweiss Asset
Reconstruction Co. Ltd.
Respondent’s
Arguments
- Revenue contended that government dues stand on a different
footing.
- Claimed that tax liabilities are not extinguished by IBC
proceedings.
- Supported validity of assessment orders and penalty notices.
Court
Findings / Judgment
- The Court relied on binding precedent of the Supreme Court and
held:
- Once a resolution plan is approved under Section 31:
- All claims not included in the plan stand extinguished.
- This includes statutory dues such as income tax.
- Revenue failed to submit claims during CIRP despite opportunity.
- All impugned notices and assessment orders were issued after
approval of resolution plan, hence invalid.
- The argument that government dues are superior was rejected.
- The Court followed precedents:
- Ghanshyam Mishra & Sons Pvt Ltd vs Edelweiss Asset
Reconstruction Co. Ltd.
- Ruchi Soya Industries Ltd vs Union of India
- Sree Metaliks Ltd vs Additional Director General
Court Order
- Writ petitions allowed.
- All assessment orders, demand notices, and penalty proceedings were quashed and set aside.
Important
Clarification
- Government authorities (including Income Tax Department) are bound
by resolution plan.
- Failure to file claim during CIRP results in complete
extinguishment of dues.
- Resolution plan has overriding effect over all prior
liabilities.
- IBC ensures clean slate principle for successful resolution applicants.
Link to download the
order - https://delhihighcourt.nic.in/app/showFileJudgment/60812122023CW105282022_184220.pdf
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