<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2023 (9) TMI 1385 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCH</title>
    <link>https://www.taxtmi.com/caselaws?id=443763</link>
    <description>A tax demand based on a best judgment assessment and an uncrystallised liability could not be re-agitated in insolvency proceedings where the same claim had already been addressed earlier; the Tribunal held that res judicata and estoppel applied, and the challenge was barred. It further held that statutory first-charge provisions in the tax law yielded to the Insolvency and Bankruptcy Code, so the State&#039;s dues could not displace the insolvency distribution framework or be treated as secured debt. Rainbow Papers was confined to its facts and did not confer priority on uncrystallised tax dues. The impugned order was upheld.</description>
    <language>en-us</language>
    <pubDate>Wed, 27 Sep 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 29 Sep 2023 22:13:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=727741" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (9) TMI 1385 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCH</title>
      <link>https://www.taxtmi.com/caselaws?id=443763</link>
      <description>A tax demand based on a best judgment assessment and an uncrystallised liability could not be re-agitated in insolvency proceedings where the same claim had already been addressed earlier; the Tribunal held that res judicata and estoppel applied, and the challenge was barred. It further held that statutory first-charge provisions in the tax law yielded to the Insolvency and Bankruptcy Code, so the State&#039;s dues could not displace the insolvency distribution framework or be treated as secured debt. Rainbow Papers was confined to its facts and did not confer priority on uncrystallised tax dues. The impugned order was upheld.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Wed, 27 Sep 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=443763</guid>
    </item>
  </channel>
</rss>