This case involves an application filed by the Resolution Professional under section 14 read with section 17(1)(d), 18 and 20 of the Insolvency & Bankruptcy Code and Rule 15 of the NCLT Rules, 2016, seeking a direction to the Deputy Commissioner of Income Tax to lift the lien marked on fixed deposit receipts (FDRs) held in ICICI Bank Ltd. The Income Tax Department failed to file a reply, maintaining that the Insolvency & Bankruptcy Code, 2016 cannot override the Income Tax Act, 1961.
The Resolution Professional filed an application seeking the lifting of a lien marked on fixed deposit receipts (FDRs) held in ICICI Bank Ltd. The lien was imposed by the Deputy Commissioner of Income Tax. The Income Tax Department argued that the Insolvency & Bankruptcy Code (IBC), 2016, cannot override the Income Tax Act, 1961. The FDRs in question are: 629314066591 (Rs. 2,592,550), 629314066679 (Rs. 641,607), and 629314066844 (Rs. 1,603,868), totaling Rs. 48,38,025. The Income Tax Department's stance was evident from a letter dated 2017-12-12. The Supreme Court in Pr. Commissioner of Income Tax v. Monnet Ispat and Energy Ltd. held that Section 238 of the IBC overrides any inconsistent provisions in other enactments, including the Income Tax Act. Dena Bank v.
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This case involves an application filed by the Resolution Professional under section 14 read with section 17(1)(d), 18 and 20 of the Insolvency & Bankruptcy Code and Rule 15 of the NCLT Rules, 2016, seeking a direction to the Deputy Commissioner of Income Tax to lift the lien marked on fixed deposit receipts (FDRs) held in ICICI Bank Ltd. The Income Tax Department failed to file a reply, maintaining that the Insolvency & Bankruptcy Code, 2016 cannot override the Income Tax Act, 1961.
The Resolution Professional filed an application seeking the lifting of a lien marked on fixed deposit receipts (FDRs) held in ICICI Bank Ltd. The lien was imposed by the Deputy Commissioner of Income Tax. The Income Tax Department argued that the Insolvency & Bankruptcy Code (IBC), 2016, cannot override the Income Tax Act, 1961. The FDRs in question are: 629314066591 (Rs. 2,592,550), 629314066679 (Rs. 641,607), and 629314066844 (Rs. 1,603,868), totaling Rs. 48,38,025. The Income Tax Department's stance was evident from a letter dated 2017-12-12. The Supreme Court in Pr. Commissioner of Income Tax v. Monnet Ispat and Energy Ltd. held that Section 238 of the IBC overrides any inconsistent provisions in other enactments, including the Income Tax Act. Dena Bank v.
…Assistant Commissioner of Income Tax sent a…
Supreme Court decided Pr. Commissioner of…