# In the matter of Unijules Life Science Limited

> NCLT judgment dated 2025-07-30. Citation: TCN-2025-NCLT-01271. The case involves an application filed by the Resolution Professional of Unijules Life Sciences…

- **Court:** NCLT
- **Order date:** 30 Jul 2025
- **Citation:** TCN-2025-NCLT-01271
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/unijules-life-science-limited-1ccadfed

## Summary

### Background

The case involves an application filed by the Resolution Professional of Unijules Life Sciences Ltd. under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking reliefs related to the adjustment of pre-CIRP tax dues against post-CIRP tax refunds by the Income Tax Department.

## Facts

The Resolution Professional of Unijules Life Sciences Ltd. filed an application seeking to declare the adjustment of pre-CIRP tax dues against post-CIRP tax refunds by the Respondent as illegal.

CIRP was commenced on 8.3.2019 based on an application filed by Punjab National Bank under Section 7 of the IBC.

The Income Tax Department filed their claim on 1.4.2019 in Form 'B' before the Applicant.

The Applicant intimated the Respondent that their claim had been admitted to the tune of INR 64,06,02,139/- as Operational Creditor.

The Respondent Income Tax Department adjusted demands outstanding for A.Y. 2006-07, 2007-08 and 2011-12 against the refunds claimed in the Income Tax Return filed by the Applicant Resolution Professional after commencement of CIRP period.

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## Issues and analysis

### Issue 1: Whether the adjustment of pre-CIRP tax dues against post-CIRP tax refunds is permissible under the …

**Ratio:** The Hon'ble Supreme Court in Bharti Airtel Ltd. v. Vijaykumar V. Iyer clarified the law

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**Reasoning:** The Tribunal reasoned that the amounts determined payable to the Corporate Debtor during

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**Interpretation:** The Tribunal interpreted the Supreme Court's judgment to mean that set-off is

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**Application:** The Tribunal applied the principles to the present case, finding that the

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## Parties

- **Judges:** Prabhat…; Sushil Mahadeorao…
- **Appellants:** Punjab National…; Malavika…; +1 more
- **Respondents:** Unijules Life…; Unijules Life…
- **Other parties:** Income tax…
- **Advocates:** Malavika…; Narpat…

## Timeline

- **2019-03-08 — CIRP Commen…**: CIRP was commenced on 8.3.2019 by this Tribunal on an application u/s 7 of I B Code filed…
- **2019-04-01 — Claim Fi…**: The Respondent Income Tax Department had filed their claim on 1.4.2019 in Form 'B',…

## 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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