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2022 (6) TMI 1465 - HC - Income TaxAssessment against company dissolved/insolvent - Income tax dues - priority to debts to be discharged - Scope of section 238 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- As against the respondent company an application for liquidation has been filed before the National Company Law Tribunal, Kolkata Bench and by order ]the application filed by Chaitanya Alloys Private Limited, the operational creditor under Section 9 of the Insolvency & Bankruptcy Code, 2016 has been admitted and a moratorium as provided under Section 14 of the Code has been ordered. There are other directions issued by the NCLT as well. Thus, in the light of the statutory provision and in the light of the decision of the Hon’ble Supreme Court in PCIT- Vs. -Monnet Ispat and Energy Limited [2018 (8) TMI 1775 - SC ORDER] and also in the light of the overriding provisions of the Code in terms of Section 238 of the Act, the revenue cannot pursue the appeal.
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