# In the matter of Sukraksha Realty Ltd. & Anr. vs. Deputy Commissioner of Income Tax & Anr.

> SC judgment dated 2023-11-10. Citation: TCN-2023-SC-00013. The case involves an appeal against an order related to income tax claims within the Corporate…

- **Court:** SC
- **Order date:** 10 Nov 2023
- **Citation:** TCN-2023-SC-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sukraksha-realty-ltd-anr-vs-deputy-commissioner-of-income-tax-anr-d730c916

## Summary

### Background

The case involves an appeal against an order related to income tax claims within the Corporate Insolvency Resolution Process (CIRP). The appellant disputes a finding that a certain amount did not become due on the Corporate Debtor upon passing of an order on 2023-03-31, but rather became due when demands were raised year to year. The appellant filed claims for Assessment Years 2010-11 and 2012-13 in the CIRP.

## Facts

Suraksha Realty Ltd. & Anr. have filed an appeal against the Deputy Commissioner of Income Tax & Anr. The appeal concerns a finding related to the timing of when Rs.33,000 Crores became due from the Corporate Debtor. The appellant claims that the amount did not become due on 2023-03-31, but when demands were raised year to year, leading them to file claims for AY 2010-11 and 2012-13 in the CIRP. The appellant argues that the finding contradicts an order from the Commissioner of Income Tax (Appeals) dated 2017-03-31 and renders the resolution plan unworkable. The court has issued a notice for a hearing in February 2024.

## Issues and analysis

### Issue 1: Whether the finding in paragraph 24 of the impugned judgment regarding when the amount of Rs.33,000 …

**Ratio:** The determination of when a debt becomes due is crucial in insolvency proceedings as it

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**Reasoning:** The court needs to examine the relevant tax laws and regulations to determine when the

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**Interpretation:** The interpretation of 'due' in the context of tax liabilities within insolvency

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**Application:** The court will apply the legal principles to the specific facts of the case,

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## Parties

- **Judges:** SANJIV K…; S.V.N. B…
- **Appellants:** Suraksha Realty…
- **Respondents:** Deputy Commissione…

## Timeline

- **2023-03-31 — Order Da…**: Date mentioned in the impugned judgment regarding when the amount of Rs.33,000 Crores did…
- **2017-03-31 — Order by Commissioner…**: Order passed by the Office of the Commissioner of Income Tax (Appeals) - I, at Noida,…

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