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2022 (7) TMI 1144 - AT - Income TaxReopening of assessment u/s 147 - application u/section 7 of the Insolvency and Bankruptcy Code filled - as argued notice under section 143(2) of the Act was not served within the prescribed period - Assessee also challenged the addition made by AO/CIT(A) on account of unexplained money under section 69A - HELD THAT:- Since proceedings under I&B code have already been initiated/decided and moratorium has been declared by prohibiting all the proceedings against the corporate debtors including execution of any judgment, decree or order of any court of law, tribunal, arbitration panel or other authority, present appeals in the present format are not maintainable having not been filed by the Interim Resolution Professionals (IRP) who can file appeal with approval of committee of creditors. Moreover, none has come present on behalf of IRP to assist the Bench to proceed further in these appeals, hence aforesaid appeals are liable to be dismissed being not maintainable at this stage. Resultantly, aforesaid appeals filed by the assessee companies are disposed of with liberty to file fresh appeal in the proper format, duly verified by the person authorized to file the return of income or to get the present appeal restored by moving an application. However, nothing expressed herein shall affect the aforesaid appeals on merits.
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