Dishnet Wireless Ltd. v. ACIT (OSD) (2022) 446 ITR 227 / 215 DTR 337 / 288 Taxman 197 /(2023) 330 CTR 567(Mad.)(HC)

S. 148 : Reassessment-Notice-Proceedings under Insolvency And Bankruptcy Code, 2016-Not a bar for issue of notice of Reassessment. [S. 147, Insolvency and Bankruptcy Code, 2016, S. 10, 30(6), 31, Art. 226]

Dismissing the petition the Court held that the provisions of the Insolvency and Bankruptcy Code, 2016, cannot be interpreted in a manner which is inconsistent with any other law for the time being in force. A corporate insolvency resolution plan sanctioned and approved cannot impinge on the rights of the Income-tax Department to pass any fresh assessment order under section 148 read with sections 143(3) and 147 of the Income-tax Act, 1961. Therefore, the proceedings under the Code cannot be pressed into service to dilute the rights of the Income-tax Department under the Income-tax Act, 1961 to reopen the assessment under section 148 of the Act. The Income-tax Department is not precluded from reopening the assessment completed under section 143(3) of the Act. The notices of reassessment were valid. (AY. 2011-12 to 2013-14)