Section 148 notice cannot be issued after approval of Resolution Plan under IBC 2016

Murli Industries Limited. Vs ACIT (Bombay High Court)

IT Department cannot raise claims against the Corporate Debtor once the resolution plan is approved

The Hon’ble Bombay High Court in Murli Industries Limited vs. Assistant Commissioner of Income Tax & ors. [W.P. No. 2948 of 2021 and W.P. No. 2965 of 2021 dated December 23, 2021] held that the IT Department is not entitled to issue notice against the Corporate Debtor for unpaid tax claims after the approval of the resolution plan by the adjudicating authority.

Facts:

Murli Industries Limited (“the Petitioner” or “Corporate Debtor”) is engaged in the business of manufacture and sale of cement.

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