# In the matter of Mohan Lal Jain, In the capacity of Liquidator of Kaliber Associates Pvt. Ltd. Vs. Income Tax Officer CA(AT)(Ins) No. 414 of 2020

> NCLAT judgment dated 2020-03-12. Citation: TCN-2020-NCLAT-00315. This is a Company Appeal (AT) (Insolvency) No. 414 of 2020 filed by the Liquidator of Kaliber…

- **Court:** NCLAT
- **Order date:** 12 Mar 2020
- **Citation:** TCN-2020-NCLAT-00315
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mohan-lal-jain-in-the-capacity-of-liquidator-of-kaliber-associates-pvt-ltd-vs-in-45148aae

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 414 of 2020 filed by the Liquidator of Kaliber Associates Pvt. Ltd. against an order dated 7th February 2020. The Liquidator is aggrieved by the fact that the Income Tax Assessment of the Corporate Debtor was done during the moratorium period. The Liquidator argues that the assessment cannot be made during the moratorium period.

## Facts

Mohan Lal Jain, in the capacity of Liquidator of Kaliber Associates Pvt. Ltd., filed an appeal against the Income Tax Officer. The appeal was filed because the Income Tax Assessment of the Corporate Debtor (Kaliber Associates Pvt. Ltd.) was conducted during the moratorium period. The Liquidator argued that such assessment should not be allowed during the moratorium. The Income Tax Department's claim has to be received by the Resolution Professional/Liquidator. The court dismissed the appeal.

## Issues and analysis

### Issue 1: Whether the Income Tax Assessment of a Corporate Debtor can be conducted during the moratorium …

**Ratio:** The Income Tax Department has to be received by

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**Reasoning:** The court stated that while the assessment can be done, the claim, if any, of the Income

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**Interpretation:** The court interprets that the assessment can be made during the moratorium

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**Application:** The court applied this principle to the case by stating that the Income Tax

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Mohan Lal…
- **Respondents:** Kaliber Associates…; Income Tax…

## Timeline

- **2020-02-07 — Order Da…**: Order was passed against…
- **2020-03-12 — Appeal F…**: The Liquidator moved this appeal against…

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