Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 1354 - HC - Income TaxValidity of re-opening post insolvency proceedings - demand of income tax after the Approval of Resolution Plan - approval of the resolution by the NCLT - HELD THAT:- As respondent income tax authority is not in a position to deny the aforesaid factual and legal position. See EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. [2021 (4) TMI 613 - SUPREME COURT], THE SIRPUR PAPER MILLS LIMITED & ANOTHER [2022 (1) TMI 977 - TELANGANA, HIGH COURT], MURLI INDUSTRIES LIMITED., [2021 (12) TMI 1182 - BOMBAY HIGH COURT] Thus the impugned notice under Section 148A(b) of the Income Tax Act dated 1st June, 2022 and all subsequent proceedings are without jurisdiction and are not tenable in the eye of law and as a consequence of this declaration, all legal consequences will automatically follow.
|