2025 (2) TMI 497 - HC - Income Tax

Adjustment of a refund against old income tax dues approved in the resolution process - HELD THAT - Adjustment of the refund pertaining to assessment year 2010-11 an assessment within the period giving rise to old tax dues in balance sheet of the corporate debtor considered in the resolution process and approved thus has effect of reducing said dues by the adjustment made. Even otherwise we reject petitioner s claim to have the refund because petitioner can only claim to step into and manage affairs of the corporate debtor from date of approval of the resolution plan. Petitioner cannot claim to have paid tax on assessment made for assessment year 2010-11. Refund in respect of that assessment year cannot be due to petitioners who stepped into shoes of management of the corporate debtors on and from 7th November 2017 and proceeded to revive it per the approved resolution plan. Petitioners having assailed the adjustment made by filing the writ petition cannot still rely on alleged omission to notice them on the adjustment.

ISSUES PRESENTED and CONSIDERED:

1. Whether the adjustment of a refund against old income tax dues approved in the resolution process is valid?

ISSUE-WISE DETAILED ANALYSIS:

Relevant legal framework and precedents:

The Supreme Court judgment in Ghanashyam Mishra and Sons (P) Ltd. v. Edelweiss Asset Reconstruction Company Limited, (2021) 9 SCC 657, paragraph 102.1, establishes that once a resolution plan is approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, claims provided in the plan shall be binding on all stakeholders. Claims not part of the resolution plan shall stand extinguished.

Court's interpretation and reasoning:

The Court analyzed the provisions of the resolution plan approved by the National Company Law Tribunal (NCLT) and the adjustment of a refund against old income tax dues. It held that the adjustment was valid as the refund was for an assessment year within the period giving rise to old tax dues in the balance sheet of the corporate debtor, which were considered and approved in the resolution process.

Key evidence and findings:

The Court considered the appeal effect order, the amount of refund adjusted by the revenue, and the provisions of the resolution plan approved by the NCLT.

Application of law to facts:

The Court applied the principles established in the Ghanashyam Mishra case to determine the validity of the adjustment of the refund against old income tax dues. It concluded that the adjustment was valid as it was in line with the resolution plan approved by the NCLT.

Treatment of competing arguments:

The petitioner argued that the adjustment was not valid as the tax dues were not placed for approval in the resolution process and no notice of the adjustment was given. However, the Court rejected this argument based on the provisions of the resolution plan and the timing of the refund and approval of the plan.

Conclusions:

The Court held that the adjustment of the refund against old income tax dues approved in the resolution process was valid. The petitioner's claim for the refund was rejected as the adjustment was in accordance with the resolution plan approved by the NCLT. The writ petition was dismissed.

SIGNIFICANT HOLDINGS:

The Court's core principle established was that once a resolution plan is approved, claims provided in the plan are binding on all stakeholders, and claims not part of the plan shall stand extinguished. The final determination on the issue was that the adjustment of the refund against old income tax dues was valid, and the petitioner's claim for the refund was rejected.

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