Page Contents
Based on the facts stated by you, the attachment of the personal bank account of Mr. XXX merely because he is acting as resolution professional (RP) of ABC Pvt. Ltd. appears legally questionable and prima facie unsustainable unless the Income Tax Department can establish a specific statutory basis making him personally liable for the tax dues of the company.
The notice shared by bank to resolution professional appears to be a proceeding under Sections 226 and 225 of the Income-tax Act seeking recovery of approximately INR 28.98 crore relating to M/s ABC Pvt Ltd . and directing the bank to attach account number Name: XXX Indian Oversea Bank – Current Account – Bank Account No 00650200000VVVV, Bank IFSC Code IOBA00000CC. The notice is addressed to Indian Overseas Bank Janpath branch The screenshot also shows a debit freeze/attachment effect on the personal account. The notice refers to tax dues of the company and not personal tax dues of Mr. Singh.
A resolution professional is not the owner, director, promoter, or guarantor of the corporate debtor merely because he manages the affairs of the company during the corporate insolvency resolution process. The RP acts as An officer of the insolvency process, A fiduciary for all stakeholders., A professional appointed under the IBC, An officer answerable to NCLT and IBBI. The tax liabilities remain liabilities of the corporate debtor and do not automatically become liabilities of the resolution professional.
Section 233 expressly provides protection to an insolvency professional or liquidator for actions done in good faith under the IBC. The section states that no suit, prosecution, or other legal proceeding shall lie against an insolvency professional for anything done or intended to be done in good faith under the Code. Therefore, where No fraud is attributable to the RP, no personal gain is established, no misconduct is proved, and actions against the RP personally require strong legal justification.
Once CIRP commences, recovery against the Corporate Debtor is governed by the IBC framework and the moratorium provisions. Income tax dues are treated as operational debt and are subject to the insolvency process and claim submitted to RP. Tax authorities are expected to submit claims before the RP.
Normally, no, the income tax department may recover tax dues from The assessee, a person who is statutorily liable like a director; a representative assessee, a director under specific provisions, A garnishee holding money belonging to the assessee. However, An officer of the insolvency process, a fiduciary for all stakeholders, a professional appointed under the IBC, and an officer answerable to NCLT and IBBI. Merely being a resolution professional does not make a person personally liable for the corporate debtor’s tax dues.
Based on the facts narrated in this matter: The resolution professional has no personal tax liability. The resolution professional has not received any money of the company. The resolution professional has not committed any misconduct. And the resolution professional is pursuing recovery proceedings against former management. The resolution professional is acting under NCLT supervision. No allegation of personal enrichment exists. Therefore, attachment of the resolution professional’s personal savings account merely because the company owes tax appears contrary to the scheme of the IBC.
In Ghanashyam Mishra & Sons Pvt. Ltd. v. Edelweiss ARC (2021),
the Supreme Court held that government authorities, including income tax authorities, are bound by the provisions of the IBC and approved resolution plans. Claims are to be dealt with within the insolvency framework. The Supreme Court judgment reinforces the principle that statutory authorities cannot ignore the IBC mechanism and pursue recoveries outside the Code contrary to its provisions.
In the circumstances described, the RP may consider filing an immediate representation before the assessing officer/deputy commissioner, explaining that he is only the RP of the corporate debtor. The account is his personal account. He is not the assessee. No personal liability exists.
Approaching the NCLT seeking directions against coercive recovery measures affecting the insolvency process.
Filing a writ petition before the jurisdictional High Court challenging the attachment as without jurisdiction, arbitrary, contrary to IBC, and violative of Section 233 protection. Informing IBBI and CoC regarding the attachment and its impact on discharge of resolution professional functions.
One Deadline Relaxed, Another Tightened: Four Key IBBI Circulars Every Insolvency Professional Must Know The Insolvency and Bankruptcy Board of… Read More
Direct Tax Collections FY 2026-27 (as on 14.10.2026) – Detailed Analysis The data compares Direct Tax collections up to 14… Read More
Key Provisions, Jurisdiction, Mediation under Commercial Courts Act 2015 Introduction The Commercial Courts Act, 2015 marked a significant reform in… Read More
GST Council Proposes Major Measures to Simplify Compliance The GST Council has recommended a series of reforms aimed at reducing… Read More
XBRL Applicability under the Companies Act, 2013 – Detailed Explanation XBRL (eXtensible Business Reporting Language) is a globally accepted electronic… Read More
MSME New Feature Alert: PAN to MSME Search in Bridze MSME Compliance Suite The PAN to MSME Search feature in… Read More