Treatment of Capital Gains Tax during liquidation process


Quick Summary
This judgement clarifies that capital gains tax arising from the sale of assets during a company's liquidation process is not considered a liquidation cost. Instead, it is treated as an operational debt and must be distributed according to the waterfall mechanism outlined in Section 53 of the Insolvency and Bankruptcy Code (IBC). The IBC's provisions, particularly Section 238, grant it overriding effect over other laws like the Income Tax Act, meaning the waterfall mechanism takes precedence.

Court :
NCLT

Brief :
One important aspect which escaped the attention of the Ld. Liquidator & the bench is that there is no provision in the Code for consideration of claim of any party including govt. dues, falling due after the liquidation commencement date. Liquidator can only consider the claims as on the date of commencement of Liquidation.

Citation :
M/s Shree Ram Lime Products Pvt. Ltd. Vs. Gee Ispat Pvt. Ltd

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