RUNGTA IRRIGATION LIMITED,NEW DELHI vs. A.C.I.T., CENTRAL CIRCLE 3(1), KOLKATA
In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed
ITA 2316/KOL/2024[2015-16]Status: DisposedITAT Kolkata15 May 2025AY 2015-16
Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]
Section 133ASection 143Section 143(3)Section 147Section 148Section 151
statute is the rule of literal interpretation, as held by this Court in Lalita Kumari v. government of Uttar Pradesh and Ors.
If section 7(5)(a) of the IBC is construed literally the provision must be held to confer a discretion on the Adjudicating Authority (NCLT).
66. In Hiralal ... other than the literal rule, vide Swedish Match AE v. SEEI [(2004) 11 SCC 641J ."
76. The fact that Legislature used 'may' in Section 7(5)(a) of the IBC but a different word, that is, 'shall' in the otherwise almost identical provision of Section 9(5)(a) shows that