For an Indian company admitted to the corporate insolvency resolution process (CIRP), the insolvency professional appointed by the Adjudicating Authority verifies the company’s income-tax return. The next step depends on the refund’s status: file a return that claims it, request reissue if an already-determined refund payment failed, or assess a legal challenge if the Department adjusted it against a tax demand. CIRP alone does not guarantee a refund or prevent every adjustment.
First identify what has happened to the refund
Do not start with the portal’s refund-reissue service until you know whether the company has filed a return and whether the Department has determined a refund. A refund reissue is for a payment that failed; it is not a way to make a new refund claim or challenge a tax demand.
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| Situation | What it means | Records to check | Likely route |
|---|---|---|---|
| Return not filed, or refund not yet determined | The claim remains part of return filing, processing, or assessment. | Assessment year, prior returns, books, tax-credit records, and any return acknowledgement or order. | File or address the return under the procedures and requirements for that assessment year. The appointed insolvency professional verifies the company’s return under section 140(c) of the Income-tax Act. |
| Refund determined, but payment failed | The processing record shows a refund, but it was not credited. | Refund status and failure reason, return acknowledgement, and company bank-account validation status. | Use the e-Filing portal’s refund-reissue service, subject to its verification requirements. |
| Refund adjusted against a tax demand during the moratorium | The Department has applied a refund towards a demand while CIRP is underway. | Refund and demand assessment years, adjustment notice, CIRP admission and moratorium dates, and relevant orders. | Have insolvency and tax counsel assess whether and how to contest the adjustment; tribunal decisions show case-specific routes, not an automatic refund process. |
| Refund or demand affected by an approved resolution plan | The plan and its approval may affect the treatment of claims, including older tax claims. | Resolution plan, approval order, dates the claims arose, and the relevant refund and demand records. | Assess the specific plan wording and orders before asserting a right to payment or opposing set-off. |
Who can act for the company after CIRP admission?
Section 140(c) of the Income-tax Act addresses verification of a company return where an insolvency resolution process has been admitted under sections 7, 9, or 10 of the Insolvency and Bankruptcy Code. In that situation, the insolvency professional appointed by the Adjudicating Authority verifies the return. The Department’s published ITR-6 instructions also describe this rule; those instructions are for AY 2018-19, so they corroborate the role but should not be treated as current-year form guidance.
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Establish authority and portal access
Before filing or requesting reissue, assemble the records that show who is entitled to represent the company and identify its tax account.
- The NCLT admission and appointment order naming the Interim Resolution Professional (IRP) or Resolution Professional (RP).
- The company’s PAN and the return or refund records for the relevant assessment year.
- Any additional appointment or identity documents requested by the portal for representative registration.
- Access to the company’s portal account and an accepted verification method for the intended transaction.
Income Tax Department guidance identifies an appointed Resolution Professional as eligible to register to act for a company under the IBC or court liquidation and lists appointment-related documents and the company PAN. Company-account registration is a related but distinct process; the Department’s company-registration FAQ describes prerequisites including an active company PAN and a registered DSC for the principal contact. Follow the portal’s current prompts rather than assuming that ordinary company registration alone establishes an RP’s representative access.
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Check the return and assessment year before claiming
Review the return history and the Department’s records for the specific assessment year. Confirm whether a return was filed, whether it claimed the expected refund, and whether the Department has issued an intimation, order, demand, or refund-failure record. Reconcile the company’s tax-credit information with its books and supporting records before relying on a refund figure.
Use the current return form and deadline for the assessment year in question. The AY 2018-19 ITR-6 instructions are not a guide to present-day filing specifications or deadlines. If the return has not yet produced a determined refund, follow the applicable return, processing, assessment, or other relevant correction procedure; do not submit a refund-reissue request in place of it.
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Request reissue only for a failed refund payment
The Department’s refund-reissue manual describes a portal service for a refund that has failed after a return was filed. The user must be registered, the return must have been filed, the refund payment must have failed, a bank account must be validated, and an available verification method must be used. The Department’s company FAQ says portal registration enables a company to file returns and access tax-deduction details and refund status.
- Sign in through the appropriate registered portal account for the company or its authorised representative.
- Check the refund record and confirm that it is marked as failed. If the refund has not been determined, address the return or processing issue instead.
- Open the refund-reissue service and select the failed refund record shown for the relevant return.
- Select a validated bank account belonging to the company and complete the verification method accepted by the portal for the transaction.
- Save the transaction ID and monitor the request status in the portal.
If a reissue fails again, first check the recorded failure reason, whether the selected company account remains validated, and the return-processing record. The portal manual does not make a reissue request a substitute for correcting an underlying return or demand issue.
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If the Department set off the refund against an older demand
Record the dates and amounts before challenging a set-off: the assessment years for the refund and demand, when the refund was determined and adjusted, when CIRP began, the applicable moratorium period, any notice or intimation, and whether a resolution plan has since been approved.
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Have insolvency and tax counsel promptly review the record and advise on correspondence with the tax authority and, where appropriate, an application to the NCLT or another competent court. Do not treat the portal’s reissue process as a mechanism for deciding whether a set-off was lawful.
Review the plan if it has been approved
Where a resolution plan has been approved, compare its terms and approval order with the dates and treatment of the particular tax claims. The Supreme Court has discussed the effect of an approved plan on claims arising before transfer and tax-authority efforts to pursue older dues. That principle informs the analysis but does not, by itself, establish whether a particular refund is payable or adjustable. The facts, timing, orders, and wording of the plan need to be assessed together.
When to get case-specific advice
Professional review is especially important where the Department has adjusted a refund during the moratorium, a demand is contested, the refund or demand predates the approved plan, or portal records do not match the company’s tax documents. The decisive records are usually the appointment and admission orders, the return and processing history, demand and adjustment notices, the relevant dates, and the resolution plan and approval order. Portal menus, statutory text, and assessment-year filing requirements can change; confirm the current requirements for the company’s case.
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