2026 (5) TMI 1145

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....26, CWP-2213-2026. For the Petitioner in CWP-12699-2026: Mr. Vishal Aggarwal, Advocate. For the respondent(s)-Income Tax Department: Mr. Varun Issar, Senior Standing Counsel in CWP-37049-2025, CWP-2632-2026, CWP-2209-2026, CWP-2211-2026, CWP-2212-2026, CWP-2213-2026. For the Respondent(s) in CWP-12699-2026: Mr. Kunal Mulwani, Advocate and Ms. Nikita Garg, Junior Standing Counsel. DEEPAK SIBAL, J. (ORAL) (1) This judgment shall dispose of seven petitions involving similar facts and questions of law being CWP-37049-2025, CWP-2632-2026, CWP-2209-2026, CWP-2211-2026, CWP-2212-2026, CWP-2213-2026 and CWP  12699-2026. However, for the sake of convenience, facts are being taken from CWP-37049 -2025 - HL Buildwell Pvt. Ltd. Vs. ....

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....partment submitted a claim to the Resolution Professional which was rejected through order dated 29.06.2022, which order was not challenged by the respondent(s)-Income Tax Department and therefore, attained finality. (6) After rejection of the respondent-revenue's claim, as above, a resolution plan dated 05.09.2022 was submitted by the Successful Resolution Applicant to acquire the petitioner - corporate debtor which was approved by the NCLT through its order dated 17.08.2023 and since the claim of the respondent-Income Tax authorities, made in terms of the assessment order dated 12.04.2022, stood rejected by the Resolution Professional on 29.06.2022, such claim did not form part of the resolution plan. (7) It is in the afore circumst....

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....ioner on the ground that the assessment proceedings had been initiated and completed before the resolution plan was approved by the adjudicatory authority and that, in any case, this petition was not maintainable as the petitioner had an efficacious remedy to challenge the order of the appellate authority dated 28.10.2025 before the Income Tax Appellate Tribunal. (10) Learned counsel for the parties have been heard. (11) The relevant observations by the Supreme Court in Ghanashyam Mishra's case (supra) read as follows:- "102.1 That once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on th....