NCLT Dismisses ₹975 Crore Income Tax Claim Filed After 1305-Day Delay

DCIT Vs Mukesh Gupta (NCLT Chandigarh)

The NCLT Chandigarh dismissed IA(IBC) No.97/2026 filed by the Deputy Commissioner of Income Tax, Circle-1, Chandigarh under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016. The Applicant sought condonation of a 1305-day delay, setting aside of the Resolution Professional’s decision dated 07.11.2025 rejecting its claim, and directions to admit its Income Tax claim of Rs. 975,56,03,961.

The Corporate Insolvency Resolution Process (CIRP) commenced on 31.05.2022, when Mr. Mukesh Gupta was appointed Interim Resolution Professional and subsequently confirmed as Resolution Professional on 25.07.2022. A public announcement inviting claims was issued on 02.06.2022, with 14.06.2022 as the last date for submission. The Committee of Creditors approved the Resolution Plan on 25.04.2023 with 93.48% voting share.

The Income Tax Department submitted that it had not been individually informed about the CIRP and became aware of the proceedings only in October 2025 through a manual online search. It filed its claim in Form B on 15.10.2025. The Resolution Professional rejected the claim on 07.11.2025, citing expiry of the prescribed timelines and approval of the Resolution Plan.

The Applicant contended that the Resolution Professional had failed to notify the Income Tax Department despite the statutory dues being reflected in the Corporate Debtor’s books of accounts and financial statements. It argued that this deprived the Department of the opportunity to file its claim within time. The Applicant relied upon several judicial precedents concerning statutory dues, assessment proceedings during insolvency and the Resolution Professional’s role in verification and collation of claims.