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Freedom251 › Blog › Binani Cement

Calcutta High Court Quashes Pre-IBC Tax Proceedings Against Binani Cement

By Freedom251 Team · · 2 min read

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The Calcutta High Court ruled that the Income Tax Department could not pursue Binani Cement for specified pre-resolution-plan tax claims that were not included in the approved insolvency resolution plan. The court reportedly quashed the challenged actions and directed the return, with applicable interest, of refunds that had been adjusted against an earlier tax demand.

What the dispute was about

UltraTech Cement and its wholly owned subsidiary, as the successful resolution applicants for Binani Cement, challenged Income Tax Department actions taken after the insolvency resolution plan was approved and management transferred. The proceedings and demands at issue related to earlier assessment years. A legal report and reproduced judgment date the ruling September 18, 2026. [c001] [c002]

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The petition concerned three refunds for assessment year (AY) 2019–20 that were adjusted against an AY 2011–12 demand:

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The judgment reproduction describes the underlying demands as covering AY 2007–08 through AY 2015–16, before the effective management takeover date. [c003]

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Key dates: insolvency, approval and takeover

The dates mark distinct legal events, not a single moment when the plan was approved and implemented:

Event Date
Binani Cement’s corporate insolvency resolution process (CIRP) began July 25, 2017
NCLAT approved the resolution plan November 14, 2018
Effective management takeover November 20, 2018
Supreme Court affirmed the plan July 26, 2019

The dates are reported in the reproduced judgment. [c002]

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Why the court ruled against the tax proceedings

The court applied section 31 of the Insolvency and Bankruptcy Code (IBC), under which an approved resolution plan binds the relevant stakeholders. Applying the Supreme Court’s ruling in Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited, it treated claims relating to Binani Cement’s pre-resolution operations that were omitted from the plan as extinguished. On that basis, such claims could not be pursued through new or continued proceedings in this dispute. [c004]

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The ruling is tied to claims that arose from the pre-takeover period and were not included in the approved plan. It does not establish that every tax liability arising after a resolution plan is approved—or every liability of a company that has undergone insolvency—is extinguished.

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What relief was reported

The available report says the court quashed the challenged notices and orders and directed the adjusted amounts to be refunded with applicable interest. It also reports directions concerning acceptance of pre-transfer returns without reassessment. These details come from a reproduced judgment rather than an official court-hosted copy; the precise wording of the operative directions, interest terms and any deadline is not established here. [c001]

What the ruling means for tax claims after a resolution plan

For this case, the relevant questions were when the underlying tax period arose, whether the claim was included in the approved resolution plan, and whether the department was raising a demand, continuing a proceeding or adjusting a later refund. The High Court treated the disputed demands as connected to pre-transfer operations and outside the plan, and therefore not recoverable through the challenged actions. [c002] [c003] [c004]

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A related 2025 Income Tax Appellate Tribunal decision concerning Binani Cement and UltraTech also discussed the inability to continue pre-CIRP tax proceedings after plan approval. It is background, not the Calcutta High Court decision described here. [c005]

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Limits of the available account

The September 18, 2026 decision is described in a legal report and judgment reproduction, not an official court-hosted copy. No later appellate disposition is established in those materials. The reported outcome and reasoning can be described, but the exact operative directions should be checked against the official judgment before being treated as definitive.

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Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

Binani CementCalcutta High CourtIBCIncome TaxInsolvency and Bankruptcy CodeUltraTech Cement

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