
Corporate lenders vs taxman: Round one of bankruptcy bout goes to the lenders
Administrators selling off bankrupt companies, or their assets piecemeal, need not worry about claims from the income tax authorities. In the pecking order on recoveries, the taxman ranks below the lenders, says a ruling by the National Company Law Appellate Tribunal (NCLAT). The ruling is set to give comfort to lenders looking to recover money without having to worry about the tax implications. Liquidators at S.Kumars had dragged the income tax department to NCLAT after they sold off some of the assets of the company to UPL limited for Rs 43 crore. The tax department was of the view that 1% tax must be paid (tax deducted at source) in this transaction. The liquidator on the other hand contested that in the “waterfall mechanism”, the tax department cannot supersede corporate lenders. “W...