Amns Gandhidham Ltd. v. ACIT [2025] 180 taxmann.com 43 (Bom)(HC)

S. 79: Carry forward and set off losses-Change in shareholdings-Companies in which the public are not substantially interested-Company undergoing CIRP-Principal Commissioner had notice under section 79 and did not make any submissions when the resolution plan was approved; denial of carry forward of losses could not be sustained; further, availability of such losses would have been a factor considered by the resolution applicant in submitting its proposal, and therefore assessment proceedings were quashed and set aside. [The Insolvency and Bankruptcy Code, 2016, 2, 31, Art. 226]

Where during pendency of CIRP of assessee-company, Interim Resolution Professional had intimated Principal Commissioner regarding CIRP proceedings, but Revenue did not file any claim for relevant assessment years and NCLT subsequently approved resolution plan providing that claims not forming part of resolution plan would stand extinguished, since Principal Commissioner had notice under section 79 and did not make any submissions when resolution plan was approved, denial of carry forward of losses could not be sustained; further, availability of such losses would have been a factor considered by resolution applicant in submitting its proposal, and therefore impugned assessment proceedings were quashed and set aside.(AY. 2022-23, 2023-24)

Leave a Reply

Your email address will not be published. Required fields are marked *

*