Gauhati High Court
Page No.# 1/3 vs Union Of India And Anr on 19 May, 2023
Page No.# 1/3
GAHC010095952023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2704/2023
NATIONAL PLYWOOD INDUSTRIES LIMITED AND ANR
REGD. OFFICE AT MAKUM PATHAR, MARGHERITA-786187, DIST-
TINSUKIA, ASSAM AND HEAD OFFICE AT 5, FANCY LANE, KOLKATA
REPRESENTED BY THE RESOLUTION PROFESSIONAL, SRI AMIT PAREEK
2: AMIT PAREEK
RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES
LTD.
RAM PRASAD COMPLEX
4TH FLOOR
CHATRIBARI
GUWAHATI-781008
DIST- KAMRUP (M)
ASSA
VERSUS
UNION OF INDIA AND ANR
REPRESENTED BY THE MINISTRY OF FINANCE NORTH BLOCK, NEW
DELHI-110001
2:THE ASSISTANT COMMISSIONER
INCOME TAX
CIRCLE-5(1)
KOLKATA
AAYAKAR BHAWAN
P-7
CHOWRINGHEE SQUARE
KOLKATA-700069
WEST BENGA
Advocate for the Petitioner : MR. M. KATAKI
Advocate for the Respondent : DY.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
19.05.2023
Heard Mr. M. Kataki, learned counsel for the petitioner; Mr. K. Gogoi, learned Central
Government Counsel [CGC] for the respondent no. 1; and Mr. S.C. Keyal, learned Standing
Counsel, Income Tax Department for the respondent no. 2.
2. The petitioner has assailed the order dated 17.04.2023 passed by the respondent no. 2
under clause [d] of Section 148A of the Income Tax Act, 1961 whereby it is mentioned that
an income of Rs. 7,93,65,393/- is found chargeable to tax from the petitioner company as it
has escaped from assessment within the meaning of Section 147 of the Income Tax Act,
1961. Stating that the Assessing Authority has reached a satisfaction that it is a fit case for
issuance of notice under Section 148 of the Income Tax Act, 1961 for the assessment year :
2019-2020, the order dated 17.04.2023 is passed.
3. It is the case of the petitioner that a Moratorium has been declared in respect of the
petitioner company by an order dated 26.08.2019 passed by the National Company Law
Tribunal, Guwahati Bench under Section 7 of the Insolvency & Bankruptcy Code, 2016 ['IBC,
2016']. In view of the Moratorium under Section 14 of the IBC, 2016, institution of suits or
continuation of pending suit or proceedings against the corporate debtor or order in any court
of law, tribunal, arbitration penal or other authority is prohibited. Referring to the provisions
contained in Section 14 read with Section 238 of the IBC, 2016, it is contended that the
proceedings initiated by the show cause notice dated 07.04.2023 under clause [b] of Section
148A and order dated 17.04.2023 passed under clause [d] of Section 148A of the Income Tax
Act, 2016 are not sustainable in law.
4. Mr. Keyal, learned Standing Counsel, Income Tax Department has submitted that the
Hon'ble Supreme Court of India has recently interpreted the provisions of Section 14 of the
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IBC, 2016 in a decision titled Sundaresh Bhatt, Liquidator of ABG Shipyard vs. Central Board
of Indirect Taxes and Customs, reported in [2023] 1 SCC 472. Mr. Keyal has sought for listing
of the case in the next week in order to place the said judgment before the Court.
5. List the case on 25.05.2023.
6. In the meantime, there shall not be any coercive action against the petitioner in terms
of the show cause notice dated 07.04.2023 under clause [b] of Section 148A and order dated
17.04.2023 passed under clause [d] of Section 148A of the Income Tax Act, 2016.
JUDGE
Comparing Assistant
