Facts of the
Case
The Revenue Department filed multiple Income Tax
Appeals before the Delhi High Court against Monnet Ispat & Energy Ltd.
arising from orders passed by the Income Tax Appellate Tribunal (ITAT)
regarding tax liabilities of the assessee. During the pendency of these
appeals, the National Company Law Tribunal (NCLT), by order dated 18 July 2017,
admitted an insolvency petition under Section 7 of the Insolvency and
Bankruptcy Code filed by State Bank of India against Monnet Ispat & Energy
Ltd. and declared a moratorium under Section 14 of the Code.
As a result of the moratorium, continuation of
pending suits or proceedings against the corporate debtor became prohibited.
The question arose whether the income tax appeals instituted by the Department
would also fall within the scope of such prohibition.
Issues Involved
- Whether income tax appellate proceedings pending before the High
Court are covered by the moratorium under Section 14 of the Insolvency and
Bankruptcy Code, 2016?
- Whether the overriding provision under Section 238 of the
Insolvency and Bankruptcy Code prevails over proceedings under the Income
Tax Act?
- Whether the Revenue Department can continue tax litigation during
pendency of Corporate Insolvency Resolution Process?
Petitioner’s Arguments (Revenue Department)
The Appellant-Revenue contended that the Income Tax
Appeals pertained to determination of tax liabilities and therefore should not
be treated at par with ordinary civil proceedings.
It was argued that unlike earlier insolvency
statutes, the Insolvency and Bankruptcy Code does not expressly provide a
mechanism for obtaining permission from the NCLT for continuation of
proceedings pending before other judicial forums.
The Revenue sought continuation of the appeals for
adjudication of tax liability.
Respondent’s Arguments (Assessee / Corporate Debtor)
The Respondent relied upon the moratorium order
passed by the NCLT under Section 14 of the Insolvency and Bankruptcy Code and
submitted that continuation of any proceedings against the corporate debtor
stood prohibited during the insolvency resolution period.
It was argued that the Income Tax Department’s
appeals clearly fell within the expression “continuation of pending suits or
proceedings” and hence could not proceed further.
Court Findings / Court Order
The Delhi High Court held that:
- Section 14(1)(a) of the Insolvency and Bankruptcy Code clearly
prohibits institution or continuation of suits or proceedings against the
corporate debtor upon commencement of insolvency proceedings.
- The language of Section 238 of the Code gives overriding effect to
the Insolvency and Bankruptcy Code over all inconsistent laws.
- The Court relied upon the Supreme Court judgment in Innoventive
Industries Ltd. vs ICICI Bank for affirming the overriding nature of
the Code.
- Income Tax Appeals filed by the Department against the corporate
debtor are covered within the moratorium and cannot proceed during the
CIRP period.
Accordingly, the Court disposed of the appeals with
liberty to the Revenue Department to revive the same subject to further orders
of the NCLT.
Important Clarification
This judgment clarifies that tax proceedings,
including appellate proceedings under the Income Tax Act, are not exempt from
the moratorium under Section 14 of the Insolvency and Bankruptcy Code.
The ruling establishes that once CIRP commences,
even tax litigation initiated by the Revenue against the corporate debtor
remains stayed unless permitted by the insolvency framework.
The judgment reinforces the supremacy of the
Insolvency and Bankruptcy Code over other statutory proceedings through Section
238.
Sections Involved
Insolvency and Bankruptcy Code, 2016
- Section 7 – Initiation of Corporate Insolvency Resolution Process
by Financial Creditor
- Section 14 – Moratorium
- Section 31 – Approval of Resolution Plan
- Section 33 – Liquidation
- Section 238 – Overriding Effect of the Code
Income Tax
Act, 1961
- Appellate provisions relating to Revenue Appeals before High Court
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:8936-DB/SMD04092017ITA5332017_162641.pdf
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