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High Court of DelhiITA/596/2023

Pr. Commissioner Of Income Tax -Central -1 v. Anush Finlease And Construction Pvt. Ltd.

2025-05-27Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Mr. Justice Tejas Karia2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ITA 596/2023 PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 .....Appellant Through:

Mr Ruchir Bhatia, Mr Anant Mann & Mr Pratyaksh Gupta, Advs.

Versus

ANUSH FINLEASE AND CONSTRUCTION PVT. LTD....Respondent Through:

Mr Iswar Mohapatra & Mr Animesh Pandey, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 27.05.2025 1.

The learned counsel appearing for the Assessee states that the Assessee has undergone a corporate insolvency resolution process and a Resolution Plan has been approved by the National Company Law Tribunal (NCLT) on 19.12.2024. He further states that Revenue's appeal would not survive as no further liability which is not covered under the Plan can be imposed on the Assessee.

2.

Mr. Ruchir Bhatia, learned counsel appearing for the Revenue concurs with the said view and submits that issue stands covered by the decision of the Supreme Court in Ghanashyam Mishra and Sons Pvt. Ltd. Through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited Through the Director & Others: Civil Appeal No. 8129/2019 and other connected matters decided on 13.04.2021. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2025 at 13:19:58

3.

The appeal is accordingly disposed of.

VIBHU BAKHRU, J TEJAS KARIA, J MAY 27, 2025 'gsr'

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2025 at 13:19:58