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ITAT held that the income-tax demand against the insolvent/dissolved assessee for Assessment Year 2016-17 is extinguished under Section 31(1) of the IBC because the liability predates approval of the resolution plan. Reliance on binding precedent of the SC affirmed that pre-plan claims, including statutory dues, do not survive once a resolution plan is approved. Consequently, the appeal against the assessment demand was rendered infructuous and dismissed on that basis. The order disposes of the revenue's recovery action insofar as it seeks to enforce pre-plan tax liabilities, leaving intact the legal effect of the approved resolution plan in extinguishing antecedent claims.
ITAT held that the income-tax demand against the insolvent/dissolved assessee for Assessment Year 2016-17 is extinguished under Section 31(1) of the IBC because the liability predates approval of the resolution plan. Reliance on binding precedent of the SC affirmed that pre-plan claims, including statutory dues, do not survive once a resolution plan is approved. Consequently, the appeal against the assessment demand was rendered infructuous and dismissed on that basis. The order disposes of the revenue's recovery action insofar as it seeks to enforce pre-plan tax liabilities, leaving intact the legal effect of the approved resolution plan in extinguishing antecedent claims.
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TaxTMI 
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