PCIT v. Monnet Ispat & Energy Ltd.

18 SCC 789Reported decision2018#3615 most cited

What is PCIT v. Monnet Ispat & Energy Ltd. authority for?

The Insolvency and Bankruptcy Code (IBC) overrides other laws, including the Income Tax Act, due to its non-obstante clause in Section 238. Proceedings initiated against a corporate debtor undergoing insolvency are prohibited under Section 14 of the IBC.

33

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2025.

Also referred to as

PCIT v. Monnet Ispat & Energy Ltd. · 18 SCC 789 · Section 238 IBC · Section 14 IBC · Section 178(6) Income Tax Act · overriding effect of IBC · corporate insolvency · prohibition of suits · NCLT

Issues it is cited on

section 14(1)(a)section 178(6)section 178section 31(1)section 14(1)section 238section 31section 33section 17section 5(1)section 23section 154

Judgments citing PCIT v. Monnet Ispat & Energy Ltd.

Jt.CIT (OSD) - Cir. - 15(3)(1), Mumbai vs. Reliance Communication Ltd, Navi Mumbai

In the result, cross appeals are dismissed

ITA 734/MUM/2018[2012-13]Status: DisposedITAT Mumbai14 Jul 2022AY 2012-13

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the cons…

DCIT, Circle 15(3)(1), Mumbai vs. Reliance Communications Ltd., Navi Mumbai

In the result, cross appeals are dismissed

ITA 7112/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Jul 2022AY 2014-15

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the cons…

Reliance Communications Infrastructure Ltd, Navi Mumbai vs. ACIT 8(1)(1), Mumbai

In the result, cross appeals are dismissed

ITA 6891/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Jul 2022AY 2014-15

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 14(1)(a)Section 250Section 31(1)Section 33Section 7

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present cross appeals are a continuation of pending Suit against the…

Reliance Communications Ltd., Navi Mumbai vs. DCIT, Circle 15(3)(1), Mumbai

In the result, cross appeals are dismissed

ITA 6887/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Jul 2022AY 2014-15

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Joint Commissioner of Income Tax (OSD) 8(1)(1), Mumbai vs. Reliance Communications Infrastructure Limited, Mumbai

In the result, cross appeals are dismissed

ITA 619/MUM/2018[2013-14]Status: DisposedITAT Mumbai14 Jul 2022AY 2013-14

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 14(1)(a)Section 250Section 31(1)Section 33Section 7

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Asst CIT 8(1)(1), Mumbai vs. Reliance Communications Infrastructure Ltd, Navi Mumbai

In the result, cross appeals are dismissed

ITA 654/MUM/2016[2009-10]Status: DisposedITAT Mumbai14 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 14(1)(a)Section 250Section 31(1)Section 33Section 7

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

DCIT 15(3)(1), Mumbai vs. Reliance Communmication Ltd, Navi Mumbai

In the result, cross appeals are dismissed

ITA 644/MUM/2016[2009-10]Status: DisposedITAT Mumbai14 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the cons…

DCIT - 8(1)(1), Mumbai vs. Reliance Communications Infrastructure Ltd., Navi Mumbai

In the result, cross appeals are dismissed

ITA 5203/MUM/2016[2011-12]Status: DisposedITAT Mumbai14 Jul 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 14(1)(a)Section 250Section 31(1)Section 33Section 7

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present cross appeals are a continuation of pending Suit against the…

Reliance Communications Ltd., Mumbai vs. DCIT - 15(3)(1), Mumbai

In the result, cross appeals are dismissed

ITA 5098/MUM/2016[2011-12]Status: DisposedITAT Mumbai14 Jul 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communications Infrastructure Ltd, Navi Mumbai vs. Addl CIT 7(2), Mumbai

In the result, cross appeals are dismissed

ITA 480/MUM/2016[2009-10]Status: DisposedITAT Mumbai14 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 14(1)(a)Section 250Section 31(1)Section 33Section 7

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present cross appeals are a continuation of pending Suit against the…

Reliance Communications Ltd, Navi Mumbai vs. Addl CIT 10(3), Mumbai

In the result, cross appeals are dismissed

ITA 479/MUM/2016[2010-11]Status: DisposedITAT Mumbai14 Jul 2022AY 2010-11

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communicaitons Ltd, Navi Mumbai vs. Addl CIT 10(3), Mumbai

In the result, cross appeals are dismissed

ITA 476/MUM/2016[2009-10]Status: DisposedITAT Mumbai14 Jul 2022AY 2009-10

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon‟ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the cons…

DCIT 15(3)(1), Mumbai vs. Reliance Communication Ltd, Navi Mumbai

In the result, cross appeals are dismissed

ITA 1502/MUM/2016[2010-11]Status: DisposedITAT Mumbai14 Feb 2022AY 2010-11

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Rishabh Jaisani a/wFor Respondent: Ms. Samruddhi D. Hande, Sr. AR
Section 14Section 250Section 31(1)Section 33Section 9

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…