Gauhati High Court
Rnb Cements Private Limited vs Union Of India And 4 Ors on 7 June, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010111372024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2894/2024
RNB CEMENTS PRIVATE LIMITED
A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT
UMIAM INDUSTRIAL AREA, UMIAM MEGHALAYA 793103 AND
REPRESENTED BY DEEPAK KAYAL, DIRECTOR OF THE PETITIONER
COMPANY
VERSUS
UNION OF INDIA AND 4 ORS
THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY
OF FINANCE, NORTH BLOCK, NEW DELHI- 110001
2:ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME
TAX/INCOME TAX OFFICER
NATIONAL FACELESS ASSESSMENT CENTRE
DELHI
3:PRINCIPAL COMMISSIONER OF INCOME TAX
GUWAHATI-1
AAYAKAR BHAWAN
G.S.ROAD
GUWAHATI- 781005
ASSAM
4:JCIT
RANGE-2
GUWAHATI
AAYAKAR BHAWAN
G.S.ROAD
GUWAHATI- 781005
ASSAM
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5:INCOME TAX OFFICER
WARD-2(1)
GUWAHATI
AAYAKAR BHAWAN
G.S.ROAD
GUWAHATI- 781005
ASSA
Advocate for the Petitioner : DR. A SARAF
Advocate for the Respondent : SC, INCOME TAX
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
07.06.2024
Heard Dr. A.K. Saraf, learned Senior counsel assisted by Mr. N.N. Dutta,
learned counsel for the petitioner. Also heard Mr. S. Chetia, learned Standing
Counsel, Income Tax Department.
2. The petitioner is aggrieved by the several orders passed by the Income Tax
authorities namely Order No. ITBA/REC/M/154/2021-22/1037855106(1) dated
16.12.2019; Order No. ITBA/PNL/F/271(1)(c)/2021-22/1040862887(1) dated
16.03.2022 and Demand Notice No. ITBA/PNL/S/156/2021-22/1040831690(1);
Order No. ITBA/AST/S/147/2021-22/1041931746(1) dated 27.03.2022 and
Demand Notice No. ITBA/AST/S/156/2021-22/1041731958(1) dated 27.03.2022;
Order No. ITBA/PNL/F/271(1)(b)/2022-23/1045357263(1) dated 09.09.2022 and
Demand Notice No. ITBA/PNL/S/156/2022-23/1045357556(1) dated 09.09.2022;
Order No. ITBA/PNL/F/271(1)(c)/2022-23/1045364256(1) dated 09.09.2022 and
Demand Notice No. ITBA/PNL/S/156/2022-23/1045363904(1) dated 09.09.2022 for
the various assessment years and finally a demand notice has been raised
demanding total amount of Rs. 8,18,41,586/- for the assessment years 2012-13 to
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2013-14 as per the demand notice by notice dated 04.09.2023.
3. The learned Senior counsel for the petitioner submits that the NCLT,
Guwahati Bench by order dated 19.06.2020 passed in I.A. No. 29/2020 connected
with CP(IB) No. 18/GB/2019 passed an order under the Insolvency and Bankruptcy
Code, 2016 accepting the resolution plan and the proposal as submitted before the
NCLT. The resolution plan approved by the NCLT is with the following directions:
"(i) The Resolution Plan of CFM Asset Reconstructions Private Limited in consortium
with Jumbo Roofings & Tiles, which was approved by the CoC with 87.03% voting
share, is hereby approved under provisions of Sub-Section (1) of Section 31 of the
Insolvency and Bankruptcy Code, 2016, which shall be binding on the Corporate
Debtor (RNB Cements Pvt. Ltd.) its employees, members, creditors, guarantors and
other stakeholders involved in the Resolution Plan.
(ii) The revival plan of the company in accordance with the approved Resolution Plan
shall come into force with immediate effect.
(iii) The moratorium order passed under Section 14 of the Insolvency and Bankruptcy
Code, 2016 shall cease to have effect.
(iv) The Resolution Professional shall forward all records relating to the conduct of
the Corporate Insolvency Resolution Process and the Resolution Plan to the
Insolvency and Bankruptcy Board of India to be recorded in its datebase.
(v) Unnumbered IA(IB) No...../2020 and IA No. 29/2020 connected with CP(IB) No.
13/GB/2019 are disposed of accordingly.
(vi) Accordingly, CP(IB) No. 18/GB/2019 along with all the IAs filed and/or pending, if
any, in this context is disposed of."
4. The present set of Directors have taken over the company w.e.f. 27.06.2020.
The learned Senior counsel for the petitioner submits that once the resolution plan
is approved, no further claim in respect of the company can be proceeded other
than those mentioned in the resolution proposal approved by the NCLT. In support
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of his contentions, he has referred to the Judgment of the Apex Court rendered in
Ghanashyam Mishra & Sons (P) Ltd. Vs. Edelweiss Asset Reconstruction Co. Ltd.,
reported in (2021) 9 SCC 657. Referring to the said judgment, the learned Sr.
counsel for the petitioner submits that once the claim as provided in the resolution
plan shall stand frozen and will be binding on the corporate debtor and its
employee, members, creditors, including the Central Government, any State
Government or any local authority, guarantors and other stakeholders. He submits
that on the date of approval of the resolution plan by the adjudicating authority, all
such claims which are not a part of resolution plan, shall stand extinguished and no
person will be entitled to initiate or continue any proceedings in respect of a claim,
which is not part of the resolution plan. He submits that the demand which has
been raised by the impugned orders and by the demand notice are all prior to the
period of the orders passed by the NCLT approving the resolution plan and no such
claim has been placed before the NCLT during the hearing of the resolution. He
submits that all these demands which have been raised are all relating to periods
which are prior to the order passed by the NCLT approving the resolution plan. He
therefore submits that the impugned orders are need to be struck down along with
the demand notice and during pendency, the proceedings should be stayed.
5. Mr. S. Chetia, learned Standing Counsel, Income Tax submits that similar
matters are pending, he would like to complete his instructions and file necessary
affidavit in the matter.
6. Accordingly, let Notice be issued, Returnable in four weeks.
7. Since Mr. S Chetia, learned Standing Counsel appears on behalf of the
respondents, Notices are waived. However, extra copies be furnished within one
week from today.
8. Until further order, the impugned orders passed by the Income Tax
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authorities being Order No. ITBA/REC/M/154/2021-22/1037855106(1) dated
16.12.2019; Order No. ITBA/PNL/F/271(1)(c)/2021-22/1040862887(1) dated
16.03.2022 and Demand Notice No. ITBA/PNL/S/156/2021-22/1040831690(1);
Order No. ITBA/AST/ S/147 /2021-22/1041931746(1) dated 27.03.2022 and
Demand Notice No. ITBA/AST/S/156/2021-22/1041731958(1) dated 27.03.2022;
Order No. ITBA/PNL/F/271(1)(b)/2022-23/1045357263(1) dated 09.09.2022 and
Demand Notice No. ITBA/PNL/S/156/2022-23/1045357556(1) dated 09.09.2022;
Order No. ITBA/PNL/F/271(1)(c)/2022-23/1045364256(1) dated 09.09.2022 and
Demand Notice No. ITBA/PNL/S/156/2022-23/1045363904(1) dated 09.09.2022
shall remain stayed.
JUDGE
Comparing Assistant
