Mr. G. Mishra vs Dy. Commissioner Of Income Tax
2022 Latest Caselaw 7410 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                W.P.(C) Nos.39995, 1399, 1401, 1402 and 10223 of 2021

            M/s. Urvara Agro Biotech Pvt. Ltd
            (In W.P.(C) No.39995 of 2021)

            Mukesh Kumar Aggarwal
            (In W.P.(C) No.1399 of 2021)
                                                      ....             Petitioners
            Amit Mishra
            (In W.P.(C) No.1401 of 2021)

            Vishwas Tripathy
            (In W.P.(C) No.1402 of 2021)

            Manish Mohan
            (In W.P.(C) No.10223 of 2021)
                                                       Mr. G. Mishra, Advocate
                                           -versus-
            Dy. Commissioner of Income Tax, ....              Opposite Parties
            Bhubaneswar & another
               Mr. Radheshyam Chimanka, Senior Standing Counsel and Mr. A.
                      Kedia, Junior Standing Counsel for Revenue Department


            CORAM:
            THE CHIEF JUSTICE
            JUSTICE M.S. RAMAN
                                         ORDER

Order No. 14.12.2022

04. 1. Learned counsel for the Petitioners points out that in Union of India v. M/s. Ganpati Dealcom Pvt. Ltd., AIR 2022 SC 4558, it has been held that against a Company under a resolution process in terms of the Insolvency and Bankruptcy Code the concerned authorities cannot initiate or continue criminal prosecution or confiscation

proceedings for transactions entered into prior to the coming into force of the Benami Transactions (Prohibition) Amendment Act, 2016 i.e. 25th October, 2016.

2. Learned Senior Standing Counsel for the Revenue Department informs the Court that a review petition (Diary No.34619 of 2022) seeking review of the above judgment has been filed in the Supreme Court of India on 31st October, 2022 and, therefore, prays for an adjournment.

3. At his request, list on 13th April, 2023. The interim order passed in all the above cases shall continue till then.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge M. Panda