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2022 (12) TMI 783 - ITAT DELHIMaintainability of revenue appeal against the order of CIT(A) granting relief to assessee - NCLT has declared moratorium u/s 14 of IBC Code in the case of assessee - IBC Code overriding in any other enactment including Income Tax Act - AR has submitted that Hon’ble by Edelweiss Asset Reconstruction Company Ltd.against the assessee u/s 7 of the IBC Code and has declared moratorium - HELD THAT:- Hon’ble Apex Court in the case of PCIT vs. Monnet Ispat & Energy Ltd. [2018 (8) TMI 1775 - SC ORDER]has held that IBC Code will override anything inconsistent in any other enactment including Income Tax Act. When NCLT has declared moratorium u/s 14 of IBC Code in the case of assessee, then there is a complete bar to initiate and continue proceedings against the assessee before any authority. Therefore, in view of the moratorium granted by NCLT, no proceedings against the assessee can continue. In view of the aforesaid facts, the appeal of Revenue deserves to be dismissed. However, liberty is granted to the Revenue to seek revival of the appeal after the lifting of the moratorium and in accordance with law. Grounds of appeal filed by Revenue are dismissed.
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