# Pr Commissioner Of Income Tax Central 4 vs. DBM Geotechnics And Construction Pvt Ltd

> HC judgment dated 2026-07-17. Citation: TCN-2026-HC-00043. The Revenue filed an appeal under Section 260A of the Income-tax Act, 1961, challenging an ITAT…

- **Court:** HC
- **Order date:** 17 Jul 2026
- **Citation:** TCN-2026-HC-00043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/pr-commissioner-of-income-tax-central-4-vs-dbm-geotechnics-and-construction-pvt-bf18i

## Summary

### Background

The Revenue filed an appeal under Section 260A of the Income-tax Act, 1961, challenging an ITAT order dated 12 May 2023. This ITAT order had dismissed the Revenue's appeal against a CIT(A) order dated 31 August 2018, which had partly allowed the assessee's appeal against an assessment order dated 13 March 2015 for Assessment Year 2012–13. During these proceedings, the respondent-assessee, DBM Geotechnics And Construction Pvt Ltd, underwent Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. An application under Section 9 of the IBC was admitted by the NCLT on 30 August 2019, and a Resolution Plan was approved by the Committee of Creditors on 15 February 2021, and subsequently by the NCLT on 25 January 2023. Crucially, the

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## Facts

The Revenue filed an appeal under Section 260A of the Income-tax Act, 1961, challenging an order dated 12 May 2023 passed by the Income Tax Appellate Tribunal, Mumbai Bench.

The Tribunal's order dismissed the Revenue's appeal challenging an order dated 31 August 2018 passed by the Commissioner of Income Tax (Appeals) [CIT(A)].

The assessment year in question is Assessment Year 2012–13.

An assessment order dated 13 March 2015 was passed under Section 143(3) of the Income-tax Act, 1961, making certain additions to the income returned by the assessee, specifically deleting subcontract charges of Rs.15,37,38,561/- paid to M/s. Naftogasz (India) Pvt. Ltd.

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## Issues and analysis

### Issue 1: Whether, on the facts and in the circumstances of the case and in law, the Hon'ble ITAT erred in …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority under sub-section

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**Reasoning:** The Supreme Court, in multiple decisions including Ghanshyam Mishra & Sons Pvt.Ltd.,

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**Interpretation:** Section 31(1) of the IBC, particularly after the 2019 amendment, ensures that

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**Application:** In the present case, the income tax demand for Assessment Year 2012-13 was not

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## Parties

- **Judges:** G. S. KUL…; AARTI S…
- **Appellants:** Pr Commissioner…
- **Respondents:** DBM Geotechnics…; DBM Geotechnics &…
- **Other parties:** Committee of…
- **Advocates:** Suresh…; Nishit G…

## Timeline

- **2015-03-13 — Assessment…**: Assessing Officer completed the assessment for AY 2012-13 under Section 143(3) of the…
- **2018-08-31 — CIT(A) O…**: Commissioner of Income Tax (Appeals) partly allowed the assessee's appeal, granting…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 143(3) — Standard of conduct](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-143)

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