[2025:RJ-JD:41531-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 11716/2025 Mr. Hemant Paliwal S/o Manohar Paliwal, Aged About 56 Years, Village - Baga, P.o.kandhar, Tehsil Akri, District Solan, Himachal Pradesh ----Petitioner Versus

1. Commissioner Of Income Tax (Tds), N.c.r. Building, Statue Circle, Jaipur Email Id -

Jaipur.cit.tds@incometax.gov.in

2. Deputy Commissioner Of Income Tax (Tds), Room No.002, Aayakar Bhawan, Paota C Road, Jodhpur Email Jodhpur.dcit.tds@incometax.gov.in ----Respondents For Petitioner : Mr. Vikas Balia, Senior Advocate assisted by Mr. Sunil Joshi, Advocate, Mr. Madhusudan Singh Rajpurohit, Advocate (through V.C.), Ms. Aarohi Mikkilineni, Advocate and Ms. Alankrita Sharma, Advocate (through V.C.)

For Respondents : Mr. K.K. Bissa, Advocate Mr. G.S. Chouhan, Advocate HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

REPORTABLE 17/09/2025 (Per: Chief Justice)

1. Considering the nature of dispute involved, we decided to take up the matter at this stage itself and dispose the same.

Therefore, rule is made returnable forthwith.

2. Petitioner is an individual employed with a company by the name UltraTech Cement Limited.

3. Since 1995, petitioner was gainfully employed with Binani Cement Limited (for short ‘Binani’) as Vice-President (Finance and Accounts).

4. During Financial Year 2017-18, various taxes were deducted by Binani at source (TDS), which were not deposited within the time stipulated. The four heads of deductions with due dates, as given in the petition, are as under:

FORM 24Q-Salary Quarter Due Date Q1 31^st July 2017 Q2 31^st Oct 2017 Q3 31^st Jan 2018 Q4 31^st May 2018 FORM 26Q- Other than Salary Quarter Due Date Q1 31^st July 2017 Q2 31^st Oct 2017 Q3 31^st Jan 2018 Q4 31^st May 2018 FORM 27EQ – Payments made to non-residents supplier/employee Quarter Due Date Q1 15^th July 2017 Q2 15^th Oct 2017 Q3 15^th Jan 2018 Q4 15^th May 2018 FORM 27Q- Payment made to non-residents Indians or foreign companies Quarter Due Date Q1 15^th July 2017 Q3 15^th Jan 2018 Q4 15^th May 2018

5. On 25^th July 2017, a petition against Binani under Section 7 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’ for short) came to be filed by Bank of Baroda before NCLT, Kolkata. The said petition came to be admitted on 25^th July 2017 and a moratorium under Section 14 of IBC was declared and Interim Resolution Professional (‘IRP’ for short) also came to be appointed. Parallel proceedings against Binani were initiated and finally one UltraTech Cement Limited (petitioner’s present employer) submitted a resolution plan which came to be finally accepted by the National Company Law Appellate Tribunal (for short ‘NCLAT’). Pursuant thereto, UltraTech Cement Limited took over control of Binani on 20^th November 2018 and re-named it as UltraTech Nathdwara Cement Limited. Subsequently, pursuant to a scheme of amalgamation, approved by NCLT, Kolkata and NCLT, Mumbai vide orders dated 18^th December 2023 and 3^rd April 2024 (rectified vide order dated 16^th April 2024) respectively, UltraTech Nathdwara Cement Limited along with its subsidiaries was amalgamated with UltraTech Cement Limited. Petitioner was retained as an employee by resolution applicant, i.e., UltraTech Cement Limited and is presently holding the designation of Assistant Vice President- Commercial in Baga Cement Works (cement manufacturing unit of UltraTech Cement Limited).

6. The TDS amounts, which were to be deposited by Binani with the Central Government, came to be paid with interest over a period, the last of which was on 18^th July 2018. It is pertinent to note that NCLT having admitted and appointed IRP based on order of admission dated 25^th July 2017 of a petition that was filed under Section 7 of IBC, the law is very clear that IRP was in-charge of the company from that date. Therefore, Shri Balia was correct in submitting that only for a period of 10 days, i.e., first default of 15^th July 2017 until 25^th July 2017, petitio