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2021 (11) TMI 311 - AT - Income TaxDisallowance on account of irrecoverable debts/advances written off during the year, on the ground that irrecoverability of the debts has not been proved - DR submitted that above company has been referred to the Insolvency & Bankruptcy Code, 2016. Nobody appeared on behalf of the assessee - HELD THAT:- On careful consideration it is found that the above company has been referred for initiation of corporate insolvency process in terms of Section 14 of the Insolvency & Bankruptcy Code, 2016. The National Company Law Tribunal, New Delhi has referred this company for insolvency proceedings. The present appeals are found to be filed by Shri Sunil Kumar Sharma in the capacity of Executive Vice Chairman of the appellant's company. The moment IRP is appointed, the board of the company is super-ceded. Therefore, these three appeals filed by the Executive Vice Chairman are not maintainable. In view of this, we dismiss all the appeals filed by the assessee company with a liberty that as soon as the committee of creditors is being decided to pursue these matters then the IRP should file these appeals. If it is so decided, then we give liberty to the IRP either to make an application for recall of this common order by filing corrected Form No. 36 or to file the fresh appeals with the condonation of delay request. Accordingly, all the three appeals filed are dismissed.
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