# In the matter of Pr. Commissioner of Income Tax Vs Monnet Ispat and Energy Ltd SLP No. 6483-2018

> SC judgment dated 2018-08-10. Citation: TCN-2018-SC-00029. The case arises from a petition for Special Leave to Appeal against the final judgment and order…

- **Court:** SC
- **Order date:** 10 Aug 2018
- **Citation:** TCN-2018-SC-00029
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/pr-commissioner-of-income-tax-vs-monnet-ispat-and-energy-ltd-slp-no-6483-2018-7419334f

## Summary

### Background

The case arises from a petition for Special Leave to Appeal against the final judgment and order dated 04-09-2017 passed by the High Court of Delhi in ITA No. 543/2017. The Pr. Commissioner of Income Tax filed the petition against Monnet Ispat and Energy Ltd.

## Facts

The Pr. Commissioner of Income Tax filed a petition for Special Leave to Appeal against the High Court of Delhi's judgment in ITA No. 543/2017. The case involves a dispute regarding the priority of income-tax dues versus the rights of secured creditors under the Insolvency and Bankruptcy Code, 2016. Several applications for condonation of delay in filing were also considered. The High Court of Delhi's decision was challenged, leading to the Supreme Court's review of the matter.

## Issues and analysis

### Issue 1: Whether Section 238 of the Insolvency and Bankruptcy Code, 2016 overrides inconsistent provisions …

**Ratio:** Section 238 of the Insolvency and Bankruptcy Code, 2016 explicitly states that the Code

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**Reasoning:** The Court reasoned that the legislative intent behind Section 238 is to give primacy to

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**Interpretation:** The interpretation of Section 238 is that it provides a clear and unambiguous

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**Application:** The Court applied this ratio to the case by stating that the IBC would override

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## Parties

- **Judges:** ROHINTON FALI…; Indu Mal…
- **Appellants:** PR. COMMISSIONER…
- **Respondents:** Monnet Ispat &…
- **Other parties:** Affir…

## Timeline

- **2017-09-04 — High Court…**: Final judgment and order passed by the…
- **2018-08-10 — Supreme Court…**: The petitions were called on for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 238 — Provisions of this Code to override other laws](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-238)

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