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Mohan Lal Jain, In The Capacity Of ... vs Income Tax Officer

National Company Law Appellate Tribunal12 March 2020

Ratio decidendi

The rule this decision rests on

The tax authority's assessment of a corporate debtor's tax liability is not barred during the moratorium period; what the moratorium restrains is enforcement of the resulting claim, not the assessment itself. A claim by the tax department arising from such an assessment must be submitted to the liquidator (or resolution professional), who is bound to consider and decide the claims of all claimants, and the liquidator shall take the quantified tax demand communicated to him into account when the claim is filed before him at the relevant stage.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 414 of 2020In the matter of:

Mohan Lal Jain, In the capacity of Liquidator of Kaliber Associates Pvt. Ltd. ....Appellant

Vs.

Income Tax Officer ....Respondent

Present: Appellant: Mr. Anirban Bhattacharya, Advocate. Respondent:

ORDER

12.03.2020: The Liquidator has moved this appeal against the order dated

7th February, 2020, which reads as follows:-

"ORDER

CA-1028/2020 has been filed by the Liquidator aggrieved by

the fact that the Income Tax Assessment of the Corporate

Debtor has been done during the period of moratorium. It is

submitted that the Company is not liquidation. We do not find

merit in the arguments advanced by the ld. Counsel for the

Liquidator that the assessment cannot be made during the

period of moratorium. It is the different thing that it cannot be

enforced during the period of moratorium. The claim, if any, of -2-

the Income Tax Department has to be received by the

Resolution Professional/ Liquidator. On a demand

quantifying the tax assessed communicated to the liquidator

he shall take the same into consideration should the claim be

filed before him at the relevant stage. CA stands disposed

off."

2. Having heard learned counsel for the Appellant we are not inclined to

interfere with the impugned order as the Liquidator is bound to decide the claims

of all the claimants. The appeal is dismissed. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)

[Shreesha Merla] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 414 of 2020

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