# In the matter of Viraman Buildcon and Developers Pvt. Ltd. I.A. 2534-ND-2022 in Company Petition No. (IB) – 2661-(ND)-2019

> NCLT judgment dated 2023-05-18. Citation: TCN-2023-NCLT-03266. The application, I.A. 2534/ND/2022, was filed under Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 18 May 2023
- **Citation:** TCN-2023-NCLT-03266
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/viraman-buildcon-and-developers-pvt-ltd-ia-2534-nd-2022-in-company-petition-no-i-e176d72b

## Summary

### Background

The application, I.A. 2534/ND/2022, was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The applicant sought directions for the removal of a lien created by the Assistant Commissioner of Income Tax (ACIT), Delhi, on the bank account of the Corporate Debtor with ICICI Bank. The Resolution Professional (RP), now liquidator, discovered an old bank account of the Corporate Debtor at ICICI Bank, Vikas Puri Branch. The RP requested the bank to share details of the account. The bank responded with transaction details, showing a difference between the closing balance and the effective available balance. The bank informed the RP that the account was under lien from the Income Tax

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## Facts

The Resolution Professional (RP), now liquidator, discovered an old bank account of the Corporate Debtor, M/S. VIRAMAN BUILDCON AND DEVELOPERS PVT. LTD., at ICICI Bank, Vikas Puri Branch, with Account Number 664305114912. The RP requested the bank to share details of the account, including the procedure to replace the authorized signatory. The bank responded on 04.02.2022, providing transaction details showing a closing balance of Rs. 2,39,610/- (Credit) and an effective available balance of Rs. 2,46,54,057.58 (Debit). The RP sent reminders regarding the difference in balances. On 25.03.2022, the bank informed the RP that the account was under lien from the Income Tax Department. The applicant wrote to the DCIT/ACIT on 29.03.2022, requesting the removal of the lien,

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## Issues and analysis

### Issue 1: Whether the Income Tax Department can maintain a lien on the bank account of the Corporate Debtor …

**Ratio:** Section 14 of the Insolvency and Bankruptcy Code (IBC) imposes a moratorium on the

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**Reasoning:** The court reasoned that the moratorium under Section 14 prohibits actions against the

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**Interpretation:** The interpretation is that the moratorium under Section 14 prevents the Income

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**Application:** In this case, the Income Tax Department had placed a lien on the Corporate

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## Parties

- **Judges:** SHRI. BACHU…; RAHUL BHA…
- **Appellants:** Pawan…
- **Respondents:** M/S. VIRAMAN…; ASSISTANT…
- **Advocates:** Gautam…

## Timeline

- **2022-02-04 — Bank Manager's…**: The Bank Manager responded with a copy of…
- **2022-03-25 — Bank's Re…**: The bank responded and informed the RP that the account is under lien from the income tax…

## 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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