Connection to Dena Bank v. Bhikhabhai Prabhudas Parekh and Co. & Ors.

5 SCC 694Reported decision2000#15975 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2024.

Sections most often in play

Section 14 (IBC)Section 143(3)Section 238 (IBC)Section 7 (IBC)Section 14(1)(a) (IBC)

Judgments citing Connection to Dena Bank v. Bhikhabhai Prabhudas Parekh and Co. & Ors.

SRS REAL ESTATE LTD.,FARIDABAD vs. DCIT, CENTRAL CIRCLE- 2, FARIDABAD

ITA 6114/DEL/2019[2014-15]Status: DisposedITAT Delhi27 Jun 2024AY 2014-15

Bench: Shri G.S. Pannu & Shri Anubhav Sharmaassessment Year: 2014-15 Srs Real Infrastructure Ltd., Vs Dcit, C/O Srs Mall, 3Rd Floor, Sec.12, Cc-Ii, Faridabad, Faridabad. Haryana – 121 001. Pan: Aabcm2396R Assessment Year: 2014-15 Srs Real Estate Ltd., Vs. Dcit, Srs Multiplex, City Centre, Cc-Ii, Sec.12, Faridabad. Faridabad, Haryana – 121 001. Pan: Aajcs5656C

For Appellant: Shri Shrey Jain, AdvocateFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 12Section 14Section 143(3)Section 238Section 7

…and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act. We may also refer in this Connection to Dena Bank vs. Bhikhabhai Prabhudas Parekh and Co. & Ors. (2000) 5 SCC 694 and its progeny, making it clear that income-tax dues, being in the nature of Crown debts, do not take precedence even over secured creditors, who are private persons.” 5. However, Clause (a) of Sub-section (1) of Section 14 of the IBC only prohibits the institution of suits or continuation of pending suits or proceedings "against" the corporate d…

SRS REAL INFRASTRUCTURE LTD.,FARIDABAD vs. DCIT CC-II, FARIDABAD

ITA 6113/DEL/2019[2014-15]Status: DisposedITAT Delhi27 Jun 2024AY 2014-15

Bench: Shri G.S. Pannu & Shri Anubhav Sharmaassessment Year: 2014-15 Srs Real Infrastructure Ltd., Vs Dcit, C/O Srs Mall, 3Rd Floor, Sec.12, Cc-Ii, Faridabad, Faridabad. Haryana – 121 001. Pan: Aabcm2396R Assessment Year: 2014-15 Srs Real Estate Ltd., Vs. Dcit, Srs Multiplex, City Centre, Cc-Ii, Sec.12, Faridabad. Faridabad, Haryana – 121 001. Pan: Aajcs5656C

For Appellant: Shri Shrey Jain, AdvocateFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 12Section 14Section 143(3)Section 238Section 7

…and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act. We may also refer in this Connection to Dena Bank vs. Bhikhabhai Prabhudas Parekh and Co. & Ors. (2000) 5 SCC 694 and its progeny, making it clear that income-tax dues, being in the nature of Crown debts, do not take precedence even over secured creditors, who are private persons.” 5. However, Clause (a) of Sub-section (1) of Section 14 of the IBC only prohibits the institution of suits or continuation of pending suits or proceedings "against" the corporate d…

INDUSTRIAL DEV.BANK OF INDIA THROUGH STRESSED ASSETS STABILISATION FUND CONSTITUTED BY THE GOVT. OF vs. SUPERINTENDENT OF CENTRAL EXCISE AND CUSTOMS

Appeal is allowed and the impugned judgment dated 26th

C.A. No.-002568-002568 - 2013Supreme Court18 Aug 2023

Bench: HON'BLE THE CHIEF JUSTICE

Section 142Section 447Section 456Section 468Section 47Section 529ASection 59(1)Section 72Section 72(2)

…bservations relying on the ratio in 14 1998 SCC OnLine Cal 674. 15 (2007) 135 Company Cases 329 (Mad.). On the aspect of the Karnataka Land Revenue Act, 1964, see judgment of this Court in Dena Bank v. Bhikhabhai Prabhudas Parekh & Co. and Others, (2000) 5 SCC 694. 16 Section 468 of the Companies Act has been quoted subsequently. Civil Appeal No. 2568 of 2013 Page 5 of 38 Dytron (India) Ltd. (supra) have been made, a decision which we would advert to later. 6. Aggrieved, the appellant – IBDI, as a secured creditor, has filed the present appeal. While issuing notice in the appeal vide order dated 3rd May…

M/S PALOGIX INFRASTRUCTURE PVT. LTD.,KOLKATA vs. ACIT,CIRCLE-11(2), KOL, KOLKATA

In the result, the appeal of the assessee is treated as allowed for statistical purposes as indicated above

ITA 2404/KOL/2016[2010-2011]Status: DisposedITAT Kolkata27 Oct 2021AY 2010-2011

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

Section 143(3)

…sistent contained in any other enactment, including the Income Tax Act, 1961. A reference in this regard was made by the Hon’ble Supreme Court to Their Lordships earlier decision in the case of Dena Bank –vs.- Bhikhabhai Prabhudas Parekh & Co. & Others (2000) 5 SCC 694, wherein it was clarified that Income Tax dues, being in the nature of crown debts, do not take precedence over secured creditors, who are private persons. 5 A.Y. 2010-2011 9. In the case of Swiss Ribbons –vs.- Union of India, Hon’ble Supreme Court held that the core objective of the Code is to readapt the corporate debtor monetarily and for tha…

THE PR. COMMISSIONER OF INCOME TAX -4 vs. GALGOTIA BOOKS & DEPARTMENT STORE PVT. LTD.

The appeals are allowed

ITA/1076/2018HC Delhi28 Sept 2018

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 25Section 4Section 42Section 5Section 8Section 9

…has been illegitimately secured by proscribed criminal activity. 142. In view of the above, the reliance by the respondents in support of argument of government dues taking a back seat, on Dena Bank vs. Bhikhabhai Prabhudas Parekh & Co. & Ors., (2000) 5 SCC 694; Union of India & Ors. vs. SICOM Limited & Anr., (2009) 2 SCC 121; Bank of Bihar vs. State of Bihar & Ors., (1972) 3 SCC 196; and Pr. Commissioner of Income Tax vs. Monnet Ispat and Energy Limited, SLP No.6483/2018, decided on 10.08.2018, is misplaced. 143. The proceeds of crime, there is no doubt, are not even remotely covered by the expres…

PRINCIPAL COMMISSIONER OF INCOME TAX-8 vs. SALDI CHITS PVT. LTD.,

The appeals are allowed

ITA/143/2018HC Delhi09 Feb 2018

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

Section 25Section 4Section 42Section 5Section 8Section 9

…has been illegitimately secured by proscribed criminal activity. 142. In view of the above, the reliance by the respondents in support of argument of government dues taking a back seat, on Dena Bank vs. Bhikhabhai Prabhudas Parekh & Co. & Ors., (2000) 5 SCC 694; Union of India & Ors. vs. SICOM Limited & Anr., (2009) 2 SCC 121; Bank of Bihar vs. State of Bihar & Ors., (1972) 3 SCC 196; and Pr. Commissioner of Income Tax vs. Monnet Ispat and Energy Limited, SLP No.6483/2018, decided on 10.08.2018, is misplaced. 143. The proceeds of crime, there is no doubt, are not even remotely covered by the expres…

Connection to Dena Bank v. Bhikhabhai Prabhudas Parekh and Co. & Ors. (5 SCC 694) — Cited in 6 Judgments | BharatTax