# In the matter of R. P. Basmati Pvt. Ltd. IA Nos. 157 & 592-2021 in CP (IB) No. 223-Chd-Hry-2018

> NCLT judgment dated 2022-04-22. Citation: TCN-2022-NCLT-04923. IA No. 157/2021 was filed by the Resolution Professional against the Income Tax Department…

- **Court:** NCLT
- **Order date:** 22 Apr 2022
- **Citation:** TCN-2022-NCLT-04923
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/r-p-basmati-pvt-ltd-ia-nos-157-592-2021-in-cp-ib-no-223-chd-hry-2018-b1346081

## Summary

### Background

IA No. 592/2021 was filed by the Excise and Taxation Commissioner, Haryana, seeking acceptance of a claim/revised claim regarding statutory dues by the Resolution Professional.

## Facts

The Bank Account of the corporate debtor maintained with State Bank of India has been attached by Income Tax Department under Section 226(3) of Income Tax Act, 1961.

State Bank of India, being the lead Financial Creditor intimated the Applicant in the 5th CoC meeting qua marking of lien by the Respondent upon the bank accounts of the corporate debtor.

The respondent submitted their claim with the applicant/RP on 03.01.2019.

The applicant filed a claim against the corporate debtor on 12.03.2019 on the basis of Assessment Orders dated 12.02.2019 and 05.03.2019.

The COC approved the Resolution plan on 12.02.2021.

The application before the Adjudicating Authority was filed on 28.09.2020.

## Issues and analysis

### Issue 1: Whether the Income Tax Department's attachment of the …

**Ratio:** Section 238 of the I&B Code has

…

**Reasoning:** The court reasoned that the Income Tax Department's action was unjustified in light of

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**Interpretation:** The provisions of the I&B Code take precedence over other laws, including

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**Application:** The court directed the Income Tax

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Excise and…; Amit Ka…
- **Respondents:** R.P. Basmati Rice…; Income Tax…; +1 more
- **Other parties:** State Bank of…; Harvinder…; +1 more
- **Advocates:** Rakesh…; Rakshit…; +1 more

## Timeline

- **16.11.2018 — Admission of…**: The Adjudicating Authority admitted the…
- **29.11.2018 — Imposition of M…**: Moratorium was imposed, and Mr. Harvinder Singh was appointed as an Interim Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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