https://www.taxtmi.com/caselaws?id=404024 During an operative moratorium under section 14 of the Insolvency and Bankruptcy Code, recovery proceedings and execution against a corporate debtor are barred, including tax recovery efforts for pre-CIRP dues. A tax notice seeking recovery from the debtor's bank account under the Gujarat Value Added Tax Act was therefore inconsistent with the insolvency regime. The Code's overriding effect under section 238 was applied to displace conflicting recovery mechanisms under other laws, and the fact that the claim had already been admitted in the insolvency process reinforced that recovery had to proceed within the Code. The amount recovered was consequently directed to be refunded to the corporate debtor's account. en-us Tue, 22 Sep 2020 00:00:00 +0530 Sat, 13 Feb 2021 15:02:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=404024 During an operative moratorium under section 14 of the Insolvency and Bankruptcy Code, recovery proceedings and execution against a corporate debtor are barred, including tax recovery efforts for pre-CIRP dues. A tax notice seeking recovery from the debtor's bank account under the Gujarat Value Added Tax Act was therefore inconsistent with the insolvency regime. The Code's overriding effect under section 238 was applied to displace conflicting recovery mechanisms under other laws, and the fact that the claim had already been admitted in the insolvency process reinforced that recovery had to proceed within the Code. The amount recovered was consequently directed to be refunded to the corporate debtor's account. Case-Laws Insolvency and Bankruptcy Tue, 22 Sep 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=404024