COMMISSIONER OF INCOME TAX-I, CHD. vs. M/S BHUSHAN LTD., 3, INDL. AREA-I, CHD
What did the High Court hold?
The High Court noted that due to the CIRP and the subsequent approval of a resolution plan, nothing substantive remained in the appeal. Therefore, the appeal was disposed of as infructuous.
What were the facts?
The respondent company's name was changed, and later a Corporate Insolvency Resolution Process (CIRP) was initiated against it. A resolution plan was approved by the NCLT and confirmed by the NCLAT.
What were the issues?
Whether the appeal has become infructuous due to the initiation of CIRP and the approval of a resolution plan for the respondent company.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
ITA-414-2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-414-2009(O&M) Date of decision: 09.01.2025 The Commissioner of Income Tax-I, Chandigarh … Appellant Versus M/s Bhushan Ltd. 3, Industrial Area-I, Chandigarh … Respondent CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vaibhav Gupta, Standing Counsel, for the appellant. Mr. Vishal Gupta, Advocate, and Mr. Rohit Jain, Advocate, for the respondent. (Through Hybrid Mode) *** ARUN PALLI, J. (Oral) Learned Standing Counsel appearing for the appellant (Commissioner of Income Tax-I) submits that name of the respondent (M/s Bhushan Ltd.) was changed to M/s Bhushan Power & Steel Ltd. (BPSL) on February 28, 2006. However, Corporate Insolvency Resolution Process (CIRP) was initiated against BPSL by the National Company Law Tribunal, New Delhi (NCLT) on July 26, 2017. Accordingly, moratorium was imposed under Section 14 of the Insolvency & Bankruptcy Code, 2016 (IBC, 2016), in a case filed by the Financial Creditor – Punjab National Bank [CA(IB) 202 (PB) 2017], invoking provisions of Section 7 of the IBC, 2016. Owing to CIRP being initiated, claims were invited by the Insolvency Resolution Professional (IRP) on July 28, 2017. Whereupon, resolution plan was submitted by JSW Steel Limited on February 8, 2018. Resultanly, NCLT approved the plan submitted by JSW Steel Limited on September 5, 2019. Which was assailed before National Company Law Appellate Tribunal (NCLAT), and the same was confirmed on February 17, 2022. RAJAN KUMAR 2025.01.10 14:59 I am approving this document
ITA-414-2009(O&M) 2 That being so, learned Standing counsel appearing for the appellant submits that nothing substantive survives in the appeal, and the same be disposed of as having been rendered infructuous. Ordered accordingly. At this stage, he also points out that similar matters against BPSL such as ITA-471-2015, ITA-15-2016, ITA-4-2016 & ITA-6-2016, are pending consideration before this Court and can also be disposed of in the same terms. Accordingly, office is directed to list all the cases referred to above, on 13.01.2025. ( Arun Palli )
Judge 09.01.2025 Rajan ( Sudeepti Sharma ) Judge Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.01.10 14:59 I am approving this document
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