The ITAT ruled that once a resolution plan is approved by the ...

Approved Resolution Plan Under IBC Section 31(1) Assigns NIL Value to Tax Dues, Binding on Income Tax Department

March 27, 2025

Case Laws     Income Tax     AT

The ITAT ruled that once a resolution plan is approved by the Adjudicating Authority under IBC Section 31(1), it binds all stakeholders including government authorities. In this case, the resolution plan assigned NIL value to income tax dues, which was approved by NCLT and thus binding on the Income Tax Department. The Tribunal held that the National Faceless Appeal Centre should have quashed the impugned assessments rather than dismissing appeals as non-maintainable. The ITAT emphasized that post-resolution, the corporate debtor begins with a "clean slate" under new management. Accordingly, the Tribunal sustained the grounds of appeal and allowed the appeals.

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