Uttam Galva Metallics Ltd.v. ACIT [2024] 166 taxmann.com 492 (Bom) (HC).

S.148 : Reassessment-Notice-After approval of resolution plan by NCLT for a period prior to approval of resolution plan-Notice is quashed.[S. 147 Insolvency and Bankruptcy Code, 2016, S.31, Art. 226]

The Petitioner-Assessee was admitted into a CIRP by an order dated July 11, 2018 passed by the National Company Law Tribunal, New Delhi (“NCLT”). The reassessment proceedings pre-date the CIRP. They would relate to the period prior to the approval of the resolution plan of the Petitioner-Assessee, and therefore stand extinguished. Upon completion of the CIRP, the Petitioner-Assessee has completely changed hands and has begun on a clean slate under new ownership and management. On writ reassessment proceedings initiated after approval of resolution plan for a period prior to approval of resolution plan of petitioner is quashed and set aside. (AY. 2016-17)