Anuradha Real Estate Developers Pvt. Ltd. v. ITO [2025] 180 taxmann.com 509 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Insolvency proceedings-Resolution Plan approved by NCLT-Revenue having failed to file claim during CIRP-Past claims extinguished-Reassessment proceedings quashed.[S. 148,148A(b), 148A(d), IBC, S. 31, Art. 226]

Where assessee-company was admitted to CIRP and a moratorium was declared, and thereafter the Resolution Plan was approved by NCLT under section 31 of the Insolvency and Bankruptcy Code, but the Revenue had not filed any claim during the CIRP in respect of escapement of income for the relevant assessment year or any other assessment year, the past claims stood extinguished upon approval of the Resolution Plan and permitting the Income-tax Department to continue reassessment proceedings would derail the approved Resolution Plan and defeat the objective of providing the resolution applicant with a clean slate; consequently, the reassessment proceedings initiated under section 148A were quashed and set aside. (AY. 2019-20)

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