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ITAT held that assessment order dated 27/09/2021 against ...


Assessment Order Against Dissolved Company Invalid After Resolution Plan Extinguishes Tax Dues Under IBC Section 31

February 8, 2025

Case Laws     Income Tax     AT

ITAT held that assessment order dated 27/09/2021 against dissolved company lacks legal enforceability. During insolvency proceedings, tax department's claim of Rs. 10.14 Cr for TDS violations was rejected, with subsequent NCLAT dismissal. Approved resolution plan explicitly extinguished all revenue department dues prior to NCLT approval date. Following established jurisprudence, tribunal determined assessment order lost legal sanctity post-dissolution. Department's grounds challenging CIT(A) order deemed non-sustainable. Appeal dismissed as resolution plan's approval effectively extinguished pre-existing tax liabilities.

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