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NATIONAL COMPANY LAW TRIBUNAL
Brajendra Mani Tripathi, J, Man Mohan Gupta, T
Nishant Agrawal – Appellant
Versus
Income Tax Department (ITD) – Respondent
| Table of Content |
|---|
| 1. unilateral adjustment of tax refund under moratorium is prohibited. (Para 1 , 5 , 19) |
| 2. moratorium under section 14 prohibits actions against corporate debtor. (Para 2 , 3 , 4 , 29) |
| 3. court affirms legal character of actions during moratorium period. (Para 27 , 30 , 31) |
ORDER
1. The present Interlocutory Application, being I.A. No. 366/MP/2025, has been filed by the Nishant Agrawal, filed on 04.08.2025 (hereinafter referred to as “Applicant/Resolution Professional”) Resolution Professional (IBBI Registration No. IBBI/IPA-001/IP-P- 02100/2020-21/13283) of M/s Shree Geeta Textile Mills Private Limited (hereinafter referred to as the “Corporate Debtor”), under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) read with Sections 14 and 238 of the Code and Rule 11 of the National Company Law Tribunal Rules, 2016, seeking appropriate directions against the Income Tax Department, Burhanpur, (hereinafter referred to as “Respondent”) for the illegal and unilateral adjustment of the income tax refund of Rs. 4,95,720/- (Rupees Four Lakhs Ninety-Five Thousand Seven Hundred and Twenty Only) due and payable to the Corporate De
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