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“Section 31(1)”

Section References (mined)Section 31Section 31(1)114 judgments

UNIVERSAL INDUSTRIAL EQUIPMENT AND TECHNICAL SERVICES PVT. LTD. ,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -2 , NAGPUR

In the result, the appeal filed by the Revenue is dismissed

ITA 350/NAG/2023[2015-16]Status: DisposedITAT Nagpur17 Feb 2026AY 2015-16

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy

Section 156ASection 254(1)Section 31(1)

application either before Tribunal or before NCLT. 5. In short rejoinder submission, the ld. AR of the assessee submits that once order under section 31(1) of Insolvency and Bankruptcy Code (IBC), 2016 is passed, the claim in resolution plan stand frozen and applicable on all concerned authorities including Income ... period prior to completion date shall stand terminated and all consequential liabilities would stand abated on passing order by ld. NCLT under section 31(1). We find that on similar set of fact, the Surat Universal Industrial Equipment And Technical Services Pvt. Ltd. ITA Nos. 349 & 350/Nag/2023 Tribunal in case

UNIVERSAL INDUSTRIAL EQUIPMENT AND TECHNICAL SERVICES PVT. LTD,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2 , NAGPUR

ITA 349/NAG/2023[2014-15]Status: DisposedITAT Nagpur17 Feb 2026AY 2014-15

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy

Section 156ASection 254(1)Section 31(1)

Reconstruction Co. Ltd. (2021) 126 taxmann.com 132 (SC), wherein it has been held that once resolution plan is approved by adjudicating authority under section 31(1), the claim has provided in resolution plan is final and will be binding on the corporate debtors, its employees, creditors, State Government or local ... application either before Tribunal or before NCLT. 5. In short rejoinder submission, the Id. AR of the assessee submits that once order under section 31(1) of Insolvency and Bankruptcy Code (IBC), 2016 is passed, the claim in resolution plan stand frozen and applicable on all concerned authorities including Income

DCIT,CIRCLE-5(1), KOLKATA, KOLKATA vs. HINDUSTHAN NATIONAL GLASS AND INDUSTRIESLIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed as being infructuous

ITA 338/KOL/2024[2011-12]Status: DisposedITAT Kolkata31 Dec 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 148ASection 14ASection 250

Assistant Commissioner of Income-tax [2024] 166 taxmann.com 493 (Bombay) it has also been held as under: ■ Even a plain reading of section 31(1) would show that once the NCLT approves the resolution plan, it would be binding on, among others, the Central Government and its agencies in respect ... import of various judgments on the point. [Para 12] ■ It is therefore crystal clear that once a resolution plan is duly approved under section 31(1), the debts as provided for in the resolution plan alone shall remain payable and such position shall be binding on, among others, the Central

ITO, WARD-8(2), KOLKATA, KOLKATA vs. M/S. SARGA HOTEL PVT. LTD. , KOLKATA.

In the result, both the appeals filed by the Revenue are dismissed as infructuous

ITA 665/KOL/2023[2014-15]Status: DisposedITAT Kolkata31 Dec 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250

Para 9.1] ■ Further, it is found that section 31 of the IBC relates to approval of the resolution plan and in terms of section 31(1) of the IBC on approval, the resolution plan becomes binding on corporate debtor and its employees, members, creditors including the Central Government, any State ... Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan

I.T.O, WARD-8(2), KOLKATA, KOLKATA vs. M/S. SARGA HOTEL PVT. LTD. , SALT LAKE

In the result, both the appeals filed by the Revenue are dismissed\nas infructuous

ITA 664/KOL/2023[2013-14]Status: DisposedITAT Kolkata31 Dec 2025AY 2013-14
Section 143(3)Section 250

Further, it is found that section 31 of the IBC relates to approval of the\nresolution plan and in terms of section 31(1) of the IBC on approval, the\nresolution plan becomes binding on corporate debtor and its employees,\nmembers, creditors including the Central Government, any State\nGovernment ... Edelweis Asset\nReconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC)\n[2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and\nhas held that once the resolution plan is sanctioned under section 31(1) of\nthe IBC, the claims provided

RITESH SINGH ACIT CIRCLE 3 3 1, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

In the result, all the three appeals are allowed for\nstatistical purpose

ITA 5461/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Dec 2025AY 2018-19
Section 143(3)Section 270ASection 7

force, such as authorities to whom statutory\ndues are owed. This provision essentially embodies\nthe clean slate principle.\n9. Elucidating the objective of Section 31(1) of IBC, it\nwas held in the case of Essar Steel India Limited\nVs Satish Kumar Gupta (2020) 8 SCC 531, that\nit meant

RITESH SINGH ACIT CIRCLE 3 3 1, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

In the result, all the three appeals are allowed for statistical purpose

ITA 5460/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Dec 2025AY 2018-19
Section 143(3)Section 270ASection 7

such as authorities to whom\nstatutory dues are owed. This provision essentially embodies the clean slate\nprinciple.\n\n9. Elucidating the objective of Section 31(1) of IBC, it was held in the case of\nEssar Steel India Limited Vs Satish Kumar Gupta (2020) 8 SCC 531, that it\nmeant

RITESH SINGH ACIT CIRCLE 3 3 1 MUMBAI, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

In the result, all result, all the three appeals are allowed for three appeals are allowed for statistical purpose statistical purpose

ITA 5459/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Dec 2025AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Shri Leyaqat Ali, Sr. DRFor Respondent: Shri Parth Parikh, Adv
Section 143(3)Section 270ASection 7

provision essentially embodies dues are owed. This provision essentially embodies the clean slate principle. the clean slate principle. 9. Elucidating the objective of Section 31(1) of IBC, it 9. Elucidating the objective of Section 31(1) of IB 9. Elucidating the objective of Section 31(1

DBG LEASING AND HOUSING LTD.,,NEW DELHI vs. ITO-7(1), NEW DELHI

In the result, the Assessee’s appeal is dismissed

ITA 8308/DEL/2019[2008-09]Status: DisposedITAT Delhi15 Dec 2025AY 2008-09

Bench: Shri Mahavir Singh & Shri Krinwant Sahayasstt. Year : 2008-09 Dbg Leasing & Housing Ltd., Vs Ito, Ward 7(1), New Delhi C-88, Gali No. 8, Jyoti Colony, Shahdara, Delhi – 110 032 (Pan: Aaacd0473F) (Appellant) (Respondent) Appellant By : Shri Ved Jain, Adv. & Ms. Uma Upadhyay, Ca Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr

For Appellant: Shri Ved Jain, Adv. & Ms. Uma Upadhyay, CAFor Respondent: Ms. Harpreet Kaur Hansra, SR. DR
Section 147Section 29ASection 30(2)Section 31(1)

While approving the resolution plan as mentioned above, it is clarified that the resolution applicant shall, pursuant to the resolution plan approved under section 31(1) of the Code, 2016, obtain all the necessary approvals as may be required under any law for the time being in force within

RAMANAGARAM ENTERPRISES PRIVATE LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, both the appeals filed by the assessee are allowed for statistical purposes in terms of our observations given hereinabove

ITA 1306/HYD/2024[2018-19]Status: DisposedITAT Hyderabad07 Nov 2025AY 2018-19

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 115JSection 143(3)Section 14ASection 7

Supreme Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. [2021] 126 taxmann.com 132 (SC), Section 31(1) of IBC, 2016, the claims as provided in the resolution plan shall stand frozen, and will be binding on the corporate debtor ... assessee Shri M.V. Prasad, C.A. and Shri K.S. Rajendra Kumar (IRS Retired), referring to the order passed by the Hon'ble NCLT under Section 31(1) of IBC, 2016, by order dated 26.04.2021 in IA No. 839 of 2020 in CP (IB) No. 597/HDB/2018 dated 26.04.2021, submitted that, the corporate

RAMANAGARAM ENTERPRISES PRIVATE LIMITED,HYDERABAD vs. ACIT., CIRCLE-16(1), HYDERABAD

In the result, both the appeals filed by the assessee are allowed for statistical purposes in terms of our observations given hereinabove

ITA 1305/HYD/2024[2017-18]Status: DisposedITAT Hyderabad07 Nov 2025AY 2017-18

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 115JSection 143(3)Section 14ASection 7

Supreme Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. [2021] 126 taxmann.com 132 (SC), Section 31(1) of IBC, 2016, the claims as provided in the resolution plan shall stand frozen, and will be binding on the corporate debtor ... assessee Shri M.V. Prasad, C.A. and Shri K.S. Rajendra Kumar (IRS Retired), referring to the order passed by the Hon'ble NCLT under Section 31(1) of IBC, 2016, by order dated 26.04.2021 in IA No. 839 of 2020 in CP (IB) No. 597/HDB/2018 dated 26.04.2021, submitted that, the corporate

M/S IMPEX FERRO TECH LTD.,KOLKATA vs. A.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 1640/KOL/2019[2014-15]Status: DisposedITAT Kolkata27 Oct 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144CSection 145(3)Section 250

Para 9.1] ■ Further, it is found that section 31 of the IBC relates to approval of the resolution plan and in terms of section 31(1) of the IBC on approval, the resolution plan becomes binding on corporate debtor and its employees, members, creditors including the Central Government, any State ... Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan

D.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA vs. M/S IMPEX FERRO TECH LTD., KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 1521/KOL/2019[2014-15]Status: DisposedITAT Kolkata27 Oct 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144CSection 145(3)Section 250

Para 9.1] ■ Further, it is found that section 31 of the IBC relates to approval of the resolution plan and in terms of section 31(1) of the IBC on approval, the resolution plan becomes binding on corporate debtor and its employees, members, creditors including the Central Government, any State ... Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan

M/S IMPLEX FERRO TECH LTD.,KOLKATA vs. DCIT, CIR. 3(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 293/KOL/2022[2012-13]Status: DisposedITAT Kolkata08 Sept 2025AY 2012-13

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 250Section 68

Para 9.1] ■ Further, it is found that section 31 of the IBC relates to approval of the resolution plan and in terms of section 31(1) of the IBC on approval, the I.T.A. Nos.: 292 & 293/KOL/2022 Assessment Year: 2012-13 M/s. Impex Ferro Tech Ltd. resolution plan becomes binding ... Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan

M/S IMPLEX FERRO TECH LTD.,KOLKATA vs. DCIT, CIR. 3(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

ITA 292/KOL/2022[2012-13]Status: DisposedITAT Kolkata08 Sept 2025AY 2012-13

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 250Section 68

Para 9.1] ■ Further, it is found that section 31 of the IBC relates to approval of the resolution plan and in terms of section 31(1) of the IBC on approval, the I.T.A. Nos.: 292 & 293/KOL/2022 Assessment Year: 2012-13 M/s. Impex Ferro Tech Ltd. resolution plan becomes binding ... Edelweis Asset Reconstruction Co. Ltd. [2021] 126 taxmann.com 132/166 SCL 237 (SC) [2021] 9 SCC 657 has considered the scope of section 31 (1) of the IBC and has held that once the resolution plan is sanctioned under section 31(1) of the IBC, the claims provided in the plan

ACIT 531, MUMBAI vs. TELEPERFORMANCE GLOBAL SERVICES PVT. LTD., MUMBAI

In the result, the appeal of the assesse bearing ITA No

ITA 1484/MUM/2024[2014-15]Status: DisposedITAT Mumbai16 Jul 2025AY 2014-15

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri J.D. Mistry a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 142(1)Section 143(3)Section 144Section 144BSection 144C(13)Section 144C(3)Section 250Section 263

where the Hon’ble Supreme Court held that goodwill is an intangible asset under Explanation 3(b) of section 31(1) of the Act, which is eligible for depreciation in law and the facts finding Ld. AR stated that the assets and liabilities of the amalgamated company were transferred

TELEPERFORMANCE GLOBAL SERVICES PRIVATE LIMITED,MUMBAI vs. ADDITIONAL-JOINT-DEPUTY-ASSISTANT COMMISSIONER OF INCOME TAX-INCOME TAX OFFICER, DELHI

In the result, the appeal of the assesse bearing ITA No

ITA 1452/MUM/2024[2013-2014]Status: DisposedITAT Mumbai16 Jul 2025AY 2013-2014

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri J.D. Mistry a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 142(1)Section 143(3)Section 144Section 144BSection 144C(13)Section 144C(3)Section 250Section 263

where the Hon’ble Supreme Court held that goodwill is an intangible asset under Explanation 3(b) of section 31(1) of the Act, which is eligible for depreciation in law and the facts finding Ld. AR stated that the assets and liabilities of the amalgamated company were transferred

TELEPERFORMANCE GLOBAL SERVICES PRIVATE LIMITED,MUMBAI vs. ADDITIONAL-JOINT-DEPUTY-ASSISTANT COMMISSIONER OF INCOME TAX-NCOME TAX OFFICER, DELHI

In the result, the appeal of the assesse bearing ITA No

ITA 1451/MUM/2024[2014-2015]Status: DisposedITAT Mumbai16 Jul 2025AY 2014-2015

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri J.D. Mistry a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 142(1)Section 143(3)Section 144Section 144BSection 144C(13)Section 144C(3)Section 250Section 263

where the Hon’ble Supreme Court held that goodwill is an intangible asset under Explanation 3(b) of section 31(1) of the Act, which is eligible for depreciation in law and the facts finding Ld. AR stated that the assets and liabilities of the amalgamated company were transferred

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE PR. CIT -5, MUMBAI

In the result, the appeal of the assesse bearing ITA No

ITA 977/MUM/2021[2014-15]Status: DisposedITAT Mumbai16 Jul 2025AY 2014-15

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri J.D. Mistry a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 142(1)Section 143(3)Section 144Section 144BSection 144C(13)Section 144C(3)Section 250Section 263

where the Hon’ble Supreme Court held that goodwill is an intangible asset under Explanation 3(b) of section 31(1) of the Act, which is eligible for depreciation in law and the facts finding Ld. AR stated that the assets and liabilities of the amalgamated company were transferred

ACIT., CENTRAL CIRCLE-2(4), HYDERABAD vs. SATYANARAYANA REDDY MANNE, HYDREABAD

ITA 472/HYD/2025[2017-18]Status: DisposedITAT Hyderabad30 Jun 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: CA M.V. Prasad andFor Respondent: Shri B. Bala Krishna, CIT-DR
Section 143(3)Section 153ASection 251(1)(a)

IN THE INCOME TAX APPELLATE TRIBUNAL A" BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G

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Section 31(1) — 114 judgments | BharatTax | BharatTax