2021 (7) TMI 245

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..... er is totally illegal and arbitrary. The Hon'ble Andhra Pradesh Telangana High Court in the case of Leo Edibles Fats Limited v. Tax Recovery Officer [ 2018 (8) TMI 62 - TELANGANA ANDHRA PRADESH HIGH COURT] had held that the Income Tax Department cannot claim any priority merely because of fact that order of attachment was issued long prior to initiation of liquidation proceedings under Code against company. The Madras High Court in the case of Official Assignee v. T.R. Bhuvaneswari [ 2016 (6) TMI 291 - MADRAS HIGH COURT] had held that the Official Assignee need not go before Central Board of Direct Taxes praying for waiver of interest under sections 234A, 234B and 234C as Insolvency Court itself can consider question of waive .....

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..... red being less than the amount specified vide Board Circular No. 17/2019 dated 8th August, 2019, the Department's appeal ought to be dismissed. In this context, the learned AR relied on following judicial pronouncements:- (i) CIT v. Moser Baer India Ltd. 2021-TIOL-89-SC-IT-LB. (ii) Ultra Tech Nathdwara Cement Ltd. v. UOI 2020-TIOL-760-HC-RAJ-GST (iii) Leo Edibles Fats Ltd. v. Tax Recovery Officer (2018) 407 ITR 369 (AP T HC) (iv) Official Assignee v. T.R. Bhuvaneswari (2016) 385 ITR 105 (Madras) (v) Ballarpur Industries Ltd. v. CIT (2017) 398 ITR 145 (Bom. HC) (vi) Shamken Multifab Ltd. v. DCIT (2013) taxmann.com 329 (Delhi Trib.) 3. The learned Departmental Representative did not contend that departme .....

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..... position to pay the outstanding tax arrears. The Hon'ble Supreme Court after considering the tax value involved, deemed it appropriate to dismiss the tax appeal leaving the question of law for adjudication at appropriate stage. The Hon'ble Rajasthan High Court in the case of Ultra Tech Nathdwara Cement Ltd. v. UOI (supra) had held that NCLT's order is binging and any recovery of an amount in excess of the specified amount in the NCLT's order is totally illegal and arbitrary. The Hon'ble Andhra Pradesh Telangana High Court in the case of Leo Edibles Fats Limited v. Tax Recovery Officer (supra) had held that the Income Tax Department cannot claim any priority merely because of fact that order of attachment was issued l .....

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