Jurisdiction - power of NCLT to declare the VAT / Tax assessment ...

High Court Clarifies IBC Supremacy: NCLT Can Void Tax Orders, Moratorium Doesn't Halt Tax Determination.

February 7, 2024

Case Laws     Insolvency and Bankruptcy     HC

Jurisdiction - power of NCLT to declare the VAT / Tax assessment order as void ab initio under Section 33(5) of IBC - In view the judgement of the Supreme Court, the High Court held that, U/s 238, the provisions of IBC have an overriding effect on any other law for the time being in force or any instrument having effect by virtue of any law. After declaring the moratorium, there is an embargo on enforcing the demand, but there is no embargo u/s 14, r.w.s 33(5) of the IBC, for determining the quantum of tax and other levies, if any, against the Corporate Debtor. The Order shows the lack of basic understanding of the law.

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