TaxTMI 
TaxTMI 
2022 (6) TMI 1074
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....eof by the respondent and all proceedings pursuant thereto, and quash the same as illegal, arbitrary and unconstitutional and consequently forbear the respondent from proceeding with re-assessment under Section 147 & 148 of the Income Tax Act, 1961 in respect of the Assessment Year 2012-13. 2 34654/2018 For issuance of a Writ of Certiorarified Mandamus, to call for the records comprised in the impugned Notice dated 27.03.2018 bearing PAN:AAACR5136R, as also letter dated 15.11.2018 bearing PAN:AAACR5136R / Company / CC I(1)/2018-19, the notice dated 27.09.2018 bearing PAN: AAACR5136R and the order dated 17.12.2018 bearing PAN:AAACR5136R/AY 2011-12 issued in furtherance thereof by the respondent and all proceedings pursuant thereto, and quash the same as illegal, arbitrary and unconstitutional and consequently forbear the respondent from proceeding with re-assessment under Section 147 & 148 of the Income Tax Act, 1961 in respect of the Assessment Year 2011-12. 3 34664/2018 For issuance of a Writ of Certiorarified Mandamus, to call for the records comprised in the impugned Notice dated 26.03.2018 bearing PAN:AAACR5136R, as also letter dated 15.11.2018 bearing PAN:AAA....
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....espondent from proceeding with reassessment under Section 147 & 148 of the Income Tax Act, 1961 in respect of the Assessment Year 2011-12. 2. For easy reference, the details of the name of the petitioner company and the Assessment Years and impugned notices / orders are tabled as follows:- Sl. No. W.P.No. Name of the Petitioner /Company A.Y. Date of first impugned Notice Date of impugned Letter Date of second impugned Notice Date of impugned Order 1 34668/18 M/s.Dishnet Wireless Ltd. 12-13 28.03.18 07.12.18 28.09.18 24.12.18 2 34671/18 M/s.Dishnet Wireless Ltd. 11-12 28.03.18 07.12.18 28.09.18 24.12.18 3 34649/18 M/s.Aircel Limited 13-14 26.03.18 15.11.18 27.09.18 17.12.18 4 34657/18 M/s.Aircel Limited 11-12 27.03.18 15.11.18 27.09.18 17.12.18 5 34664/18 M/s.Aricel Cellular Ltd. 13-14 26.03.18 15.11.18 27.09.18 17.12.18 6 34654/18 M/s.Aricel Cellular Ltd. 11-12 27.03.18 15.11.18 27.09.18 17.12.18 3. By the impugned Notices, the respondent Income Tax Department has sought to re-open the completed assessment. By ....
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....lution Plan shall stand withdrawn and dismissed and all liabilities and obligations therefore, Whether or not set out in the balance sheets of the Corportate Debtor or the profit and loss account statements of the Corporate Debtor will be deemed to have been written off fully, and permanently extinguished an no adverse orders passed in the said matters should apply to the Corporate Debtor or the Resolution Applicant. Upon approval of this Resolution Plan, all new inquiries, investigations, notices, suits, claims, disputes, litigations, arbitrations or other judicial, regulatory or administrative proceeding will be deemed to be barred and will not be initiated or admitted against the Corporate Debtor in relation to any period prior to the Effective Date. Granted, subject to the condition that these shall pertain to any inquiries, investigations, proceedings, suits, claims, disputes, etc. only in relation to the period prior to the Approval Date, and not thereafter. From the Approval Date, the corporate applicants now controlled applicants now controlled by the RA shall be responsible for their own destinies arising out of noncompliance for the period after such approval. 9. Th....
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....l of the record would reveal, that the notice was published in Business Standard and Ananda Bazar Patrika newspapers of the Kolkata edition, which have wide circulation in Ranchi. The corporate office of the Corporate Debtor is at Kolkata whereas its registered office is at Ranchi. In any case, it is to be noticed, that the Forest Department of the State Government had filed intervention application before NCLT as well as NCLAT. When one of the wings of the State Government has approached NCLT and NCLAT, it is difficult to believe, that other organ of the State was not aware about the said proceedings." 11. The learned Senior Counsel submits that the decision of this Court in M/s.Ruchi Soya Industries Ltd Vs. Union Of India and anr. rendered in W.P.No.31090 of 2015 dated 26.04.2021 is to be distinguished on facts particularly in the light of the decision of the Hon'ble Supreme Court in the above said case. 12. The learned Senior Counsel further submits that the respondents are not entitled to proceed further in the light of the definition of claim as in Section 3(6) of the Insolvency and Bankruptcy Code, 2016. 13. It is submitted that the Government is a "corporate deb....
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.... It is submitted that in the facts of the present case, only notice under Section 148 of the Income Tax Act, 1961 has been issued and the objections of the petitioner for reopening of the assessment had been overruled by a speaking order. It is also submitted that the petitioners have an alternate remedy against the Assessment Order that has been permitted to be passed and kept in a sealed cover in terms of the interim order dated 27.12.2018. 20. The learned Junior Standing Counsel drew attention to Section 238 of the Insolvency and Bankruptcy Code, 2016 and submits that there is no bar under the law which inhibits or eclipses the power of the Income Tax Department to continue with the proceedings initiated under Section 148 of the Income Tax Act, 1961. 21. I have considered the arguments advanced by the learned Senior Counsel for the petitioners and the learned Junior Standing Counsel for the respondent Income Tax Department. Arguments in these Writ Petitions are inspired from the decision of the Hon'ble Supreme Court in Ghanashyam Mishra & Sons (P) Ltd. Vs. Edelweiss Asset Reconstruction Co. Ltd., (2021) 9 SCC 657. 22. The Hon'ble Supreme Court in Paragraph No.138 in....
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....t Reconstruction Co. Ltd., (2021) 9 SCC 657, the Hon'ble Supreme Court also held that "The legislative intent of making the resolution plan binding on all the stakeholders after it gets the seal of approval from the adjudicating authority upon its satisfaction, that the resolution plan approved by CoC meets the requirement as referred to in sub-section (2) of Section 30 is that after the approval of the resolution plan, no surprise claims should be flung on the successful resolution applicant. The dominant purpose is that he should start with fresh slate on the basis of the resolution plan approved." 25. In M/S.Ruchi Soya Industries Ltd. referred to supra, this had given liberty to the petitioner therein to obtain a clarification from the NCLT as to whether the plan included customs duty paid by the petitioner therein on the import under the subject Bill of Entry therein, whereas, in the present case, the documents reveal that the income tax was not under the contemplation of NCLT. 26. Upon admission of petitions under Section 7, there are various important duties and functions entrusted on the Resolution Professional and the Committee of Creditors (COC). The Resolution Profe....