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TMI Blog2021 (9) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... e Amount stated in the Resolution Plan - Liabilities accrued/due under Statutory Dues - Liabilities/Litigations/Disputes/Appeals with Income Tax Dept - Approval by NCLT for all Statutory Dues accrued or may get accrued due to Past Liabilities as on insolvency commencement date - HELD THAT:- As the resolution plan filed by the corporate debtors which has been approved by the COC has been accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 (Assessment Year: 2010-11) - - - Dated:- 19-2-2021 - Shri J. Sudhakar Reddy, AM And Shri A. T. Varkey, JM For the Appellant Shri Dhrubajyoti Roy, JCIT For the Respondent Shri K. M. Roy, FCA ORDER Per Shri A. T. Varkey, JM: The appeal preferred by the revenue and the Cross Objection preferred by the assessee are against the order of Ld. CIT(A)-1, Kolkata dated 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, Water Department Dues etc. by way of Taxes, Fees, Penalties, penal Interest, Damages, TDS, VAT, GST etc. over and above the Amount stated in the Resolution Plan. Liabilities/Litigations/Disputes/Appeals with Income Tax Dept. Approval of the Resolution Plan will be treated as Waiver Approval by NCLT for all Liabilities (including contingent Liabilities, Disputed Liability, Interest, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of NCLT is binding on the Income Tax Department and the Hon ble Apex Court in the case of PCIT Vs. Monnet Ispat Energy Ltd., SLP No.6487 of 2018 dated 10.08.2018 opined the overriding nature and supremacy of the provision of IBC, 2016. In view of the aforesaid Resolution Plan approved by the NCLT, we note that this appeal filed by the revenue cannot be further pursued by them and, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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