Recovery proceedings by Income Tax Department during moratorium period not sustainable

Gayatri Projects Limited Vs DCIT (ITAT Hyderabad)

ITAT Hyderabad held that once the moratorium is granted to the corporate debtor, then, the Income Tax Department cannot proceed to recover any dues, but, there is no bar under the IBC Code, 2016 or under the Income Tax Act, 1961, to continue the proceedings to determine the tax liability.

Facts-

The assessee has filed petition seeking for condonation of delay explaining the reasons that, the Company is under Corporate Insolvency Resolution Process which was commenced by the National Company Law Tribuna

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