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Insolvency And Bankruptcy Code Will Override Provisions Of Other Enactments Inconsistent With It

In PR Commissioner of Income Tax-6, New Delhi v. Monnet Ispat & Energy Limited, the Supreme Court while referring to judgment in Dena Bank vs Bhikhabhai Prabhudas Parekh and Co. & Ors., made it clear that income-tax dues, being in the nature of Crown debts, do not take precedence even over secured creditors, who are private persons and therefore Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act.

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