IBC 2016 have overriding effect over Income Tax Act, 1961

Moserbaer India Ltd. Vs DCIT (ITAT Delhi)

Section 238 of IBC 2016 will have overriding effect over all other Central and State statutes including the Income-tax Act and all the claims including claim of the Income-tax Department under the Income-tax Act, 1961 shall be entertained by the Official Liquidator u/s 53 (1) of the Code.

FULL TEXT OF THE ORDER OF ITAT DELHI

Appellant, M/s. Moserbaer India Ltd., (hereinafter referred to as ‘the assessee’), by moving an application supported with an order passed by Hon’ble Supreme Court in Civil Appeal No.4704 of 2014 order dated July 21, 2020 in assessee’s own case brought to the notice of the Bench that National Company Law Tribunal (NCLT) vide order dated 20.09.2018 has passed directions for liquidation of the assessee company by appointing Shri Anil Kohli, Resolution Professional as Liquidator under section 33 (2) of the Insolvency and Bankruptcy Code, 2016 (for short ‘the Code’) to dispose off the present appeal accordingly.

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