IBC overrides Income Tax as well as GST or over any other enactment for that matter in case of conflicting provisions.
2) it is necessary that workmen and employees file their claims with the Interim Resolution Professional (IRP). Where no claims are filed by workmen and employees, and if the resolution plan is received and approved (without providing for any payment to workmen and employees) then such debts stand extinguished[
3)
The amount that the workmen and employees of the CD shall be entitled to receive against the amount of their claims admitted by IRP / Resolution Professional (RP), is covered under section 30(2)(b) of the IBC. It means that under the resolution plan, workmen and employees shall be entitled to receive the higher of the following amounts:
- Amount of the average liquidation value (as per the valuations of two valuers appointed by the RP), if were to be distributed as per section 53 of the IBC; or
- Amount of resolution plan (total value offered under the resolution plan), if were to be distributed as per section 53 of the IBC