Orchid Pharma Ltd v. ACIT (2004) 232 TTJ 125 (UO) (Chennai)(UO) (Trib)

S. 271(1)(c) : Penalty-Concealment-NCLT approved the plan-Penalty levied does not survive-Penalty is deleted. [S. 156, Insolvency and Bankruptcy Code 2016. 30(2), 31(1), 238]

Held that NCLT having approved the resolution plan on an application filed by the assessee under S. 31(1) of Insolvency and Bankruptcy Code, 2016, settling the operational creditors including income-tax at Nil, and the Supreme Court having confirmed the order of the NCLT thereby approving the resolution plan, penalty under s. 271(1)(c) imposed by the AO on the assessee is not sustainable. (AY. 2013-14 2014-15)

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