2018-VIL-161-SC-DT

Supreme Court of India

SLP(C)No.6483,6487,6488,6590,6490,6492,6489,8188,89,8381,8383/2018

Date: 10.08.2018

PR. COMMISSIONER OF INCOME TAX

Vs

MONNET ISPAT AND ENERGY LTD.

For Petitioner(s)  Mr. A.N.S. Nadkarni, Mr. K.S. Radhakrishnan, Mr. S.A. Haseeb, Mr. Arijit Prasad, Mrs. Anil Katiyar,
For Respondent(s) Mr. Mukul Rohatgi, Mr. Shyam Divan, Mr. Mahesh Agarwal, Mr. Ankur Saigal, Adv. Mr. Himanshu Satija, Mr. E.C. Agrawala,

BENCH

Mr. Rohinton Fali Nariman And Ms. Indu Malhotra, JJ.

JUDGMENT

Heard.

Delay, if any, is condoned.

Given Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act.

We may also refer in this Connection to Dena Bank vs. Bhikhabhai Prabhudas Parekh and Co. & Ors. (2000) 5 SCC 694 and its progeny, making it clear that income-tax dues, being in the nature of Crown debts, do not take precedence even over secured creditors, who are private persons.

We are of the view that the High Court of Delhi, is, therefore, correct in law.

Accordingly, the Special Leave Petitions are dismissed. Pending applications, if any, stand disposed of.

 

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