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IBC moratorium under section 14 prevents initiation or continuation of reassessment proceedings against a corporate debtor while the moratorium remains operative. Section 238 gives the Code overriding effect over inconsistent provisions of the Income-tax Act, so a faceless-assessment limitation period cannot create jurisdiction prohibited by the IBC. Reassessment completed during the operative moratorium is void ab initio; challenges to the underlying disallowances and additions remain open on their merits.
IBC moratorium under section 14 prevents initiation or continuation of reassessment proceedings against a corporate debtor while the moratorium remains operative. Section 238 gives the Code overriding effect over inconsistent provisions of the Income-tax Act, so a faceless-assessment limitation period cannot create jurisdiction prohibited by the IBC. Reassessment completed during the operative moratorium is void ab initio; challenges to the underlying disallowances and additions remain open on their merits.
Note: It is a system-generated summary and is for quick reference only.