AMW Auto Component Limited vs Assistant Commissioner Of Income Tax Acit Circle Gandhidham

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Appellant : MR B S SOPARKAR
For the Respondent: KARAN G SANGHANI

Table of Content
1. summary of proceedings and representation (Para 1 , 2 , 3)
2. facts related to corporate debtor's insolvency (Para 4 , 5)
3. arguments on extinguishment of tax dues (Para 6)
4. observations on resolution plan effects (Para 7 , 8)
5. apex court decisions on extinguishment of claims (Para 9 , 10)
6. conclusion and resulting quashing of the notice (Para 11)

JUDGMENT :

PRANAV TRIVEDI, J.

1. Heard learned advocate Mr.B.S.Soparkar for the petitioner and learned Senior Standing Counsel Mr. Karan G. Sanghani for the respondent.

2. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Karan G. Sanghani waives service of the notice of rule on behalf of the respondent.

3. With the consent of the learned advocates for the respective parties, the matter is taken up for hearing, as the issue involved is very short.

4. The petition has been filed under Article 226 of the Constitution of India with the following prayers :-

“(a) Quash and set aside the impugned notice u/s 148 of the Act dated 31.03.2015 at Annexure A to this petition;

(b) Pending the admission, hearing and final disposal of this petition, to stay further proceedings pursuant to the impugned notice;