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For an Indian company admitted to the corporate insolvency resolution process (CIRP), the appointed insolvency professional verifies the company’s income-tax return. To pursue a refund, first establish the representative’s authority and portal access, then identify whether the company needs to file or resolve a return, reissue a failed refund payment, or challenge an adjustment against an existing demand. These are different processes, and CIRP alone does not guarantee that a refund will be paid.
Who can act for the company after CIRP admission?
Section 140(c) of the Income-tax Act, 1961 provides that when a company’s CIRP application under sections 7, 9 or 10 of the Insolvency and Bankruptcy Code (IBC) has been admitted, its return is verified by the insolvency professional appointed by the Adjudicating Authority. That may be the interim resolution professional (IRP) or the resolution professional (RP), depending on the appointment and stage of the case.
The appointed professional’s role in verifying a return is distinct from the portal steps needed to access the company’s account or act as its representative. Section 238(2) also addresses claiming or receiving a refund through a specified representative where insolvency or another cause prevents the taxpayer from doing so. The applicable procedure depends on the company’s circumstances and current portal requirements.
First establish authority and portal access
Gather the CIRP admission and appointment order naming the IRP or RP, the company’s PAN, and any other documents the Income Tax Department requests. 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.
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Do not assume that ordinary company-account registration and registration as an appointed representative are interchangeable. The Department’s company-registration FAQ describes requirements for a company account, including an active company PAN and a registered digital signature certificate (DSC) for the principal contact. Follow the portal’s current prompts for the company’s particular situation; the ordinary company-registration instructions may not resolve every representative-access issue.
Choose the right route for the refund
Check the company’s return history, refund status, tax-credit records, intimation or order, and demand history. The next step depends on what has already happened:
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| Situation | What to check | Route |
|---|---|---|
| The return has not been filed, or the refund has not been determined | Assessment year, prior returns, books and tax-credit records | Use the current return and assessment procedures. The appointed IRP or RP verifies the company’s return under section 140(c). |
| A refund was determined, but payment failed | Refund failure reason, return acknowledgement and bank-account validation | Use the portal’s refund-reissue service for the failed refund record. |
| A refund was adjusted against a tax demand during the moratorium | Refund and demand assessment years, CIRP and moratorium dates, and adjustment notice | Assess a fact-specific challenge; a reissue request does not contest the underlying adjustment. |
| A refund or demand is affected by an approved resolution plan | Plan, approval order, dates and treatment of the relevant claims | Obtain case-specific legal analysis of the plan and relevant tax orders. |
If the company still needs to file or resolve a return
Confirm the assessment year and records
Identify the assessment year concerned and reconcile the company’s return history, tax credits, refund status, demand records and any intimation or assessment order. The refund claim must be supported by the return and the relevant processing record; a general portal service request cannot substitute for filing or resolving the return that gives rise to the claim.
Use the current filing requirements
File or address the return under the requirements and deadline applicable to that assessment year, with the IRP or RP appointed by the Adjudicating Authority verifying it after CIRP admission. The Department’s published ITR-6 instructions for AY 2018-19 also describe the section 140(c) verification rule, but they are not current-year filing instructions. Check the current form and deadline for the year at issue.
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If a determined refund payment failed
The Income Tax Department’s refund-reissue manual describes a service for a refund that has already failed. It is not the route for claiming a refund that has not yet been determined or for disputing a tax demand. The manual requires a filed return, a failed refund, a registered portal user, a validated bank account and an available verification method.
- Confirm the refund record. Check the return acknowledgement, processing record and recorded failure reason so you are selecting the failed payment rather than trying to create a refund claim through reissue.
- Check portal access and bank validation. Sign in through the appropriate registered user or representative access. Confirm that the selected account belongs to the company and is validated in the portal.
- Submit the reissue request. Select the failed refund record, choose the validated bank account and complete verification using a method accepted by the portal, such as the required DSC where applicable.
- Save the transaction ID and monitor status. If the request fails again, check the failure reason, bank-validation status and return-processing record before submitting another request.
The Department’s company FAQ says portal registration enables a company to file returns and access tax-deducted details and refund status. Use the refund-reissue service only when the portal shows a failed refund eligible for that process.
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If the refund was adjusted against an older demand
An adjustment against an earlier tax demand is a different issue from a failed payment. Record the assessment years for both the refund and demand, the dates the refund was determined and adjusted, the date CIRP began, the moratorium period, any adjustment notice or intimation, and any resolution-plan approval order.
NCLT decisions have granted relief in individual cases involving refunds adjusted against prior demands during a moratorium. For example, the RSAL Steel order describes an RP’s application seeking return of amounts adjusted against an old demand during CIRP; another NCLT order records a direction to refund an amount adjusted during an ongoing CIRP. These are examples of case-specific outcomes, not a general administrative rule that every such adjustment must be reversed. The result may depend on the facts, procedural posture, jurisdiction and later appellate law.
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Have insolvency and tax counsel promptly assess the available route, which may include correspondence with the tax authority and an application to the NCLT or another competent court where appropriate. A refund-reissue request does not itself challenge a set-off or recover an amount already adjusted.
If a resolution plan has been approved
Review the plan and its approval order before asserting that a refund is payable or opposing a tax-authority adjustment. Check the relevant dates, the claims admitted or provided for, and how the plan treats the tax claims at issue. The Supreme Court has discussed the effect of an approved resolution plan on claims accruing before transfer and tax-authority attempts to pursue older dues. That authority informs the analysis but does not, by itself, decide whether a particular refund is payable or can be adjusted; the plan wording and case facts matter.
What to take to a tax or insolvency professional
- The CIRP admission and IRP/RP appointment order, plus the company PAN and portal-access details.
- The return acknowledgement and processing record for the assessment year concerned, along with tax-credit records.
- Any refund failure message, reissue transaction ID, bank-validation status, demand notice, adjustment intimation or assessment order.
- The CIRP commencement and moratorium dates, and—if applicable—the resolution plan and approval order.
Portal procedures and statutory requirements can change. The company’s appointment documents, refund record, demand history, moratorium dates and plan should be reviewed against the current portal instructions and applicable law.
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