TMI Blog2017 (9) TMI 1907X X X X Extracts X X X X X X X X Extracts X X X X ..... used. It appears to the Court that s. 238 of the Code is categorical that the Code will apply, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Sec. 14(1)(a) of the Code states, inter alia, that on the 'insolvency commencement date', the adjudicating authority shall by order declare moratorium for prohibiting the institution of suits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would include the present appeal by the IT Department ('Department') against the order of the Income-tax Appellate Tribunal in respect of the tax liability of the respondent-assessee. The appeals are disposed of with liberty to the appellant-Department to revive them subject to the further orders of the NCLT. - IT Appeal Nos. 533 to 552 and 554 of 2017 - - - Dated:- 4-9-2017 - Dr. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... debtor including execution of any judgment, decree or order in any Court of law, Tribunal, arbitration panel or other authority . That the Code will prevail over all other statutes inconsistent therewith has been explained in the recent decision dt. 31st Aug., 2017 of the Supreme Court in Civil Appeal Nos. 8337- 8338 of 2017 (Innoventive Industries Ltd. vs. ICICI Bank). 2. In the instant case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings against the respondent in other fora. In the order dt. 18th July, 2017 it is clear that the moratorium continues till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub-s. (1) of s. 31 or passes an order for liquidation of corporate debtor under s. 33, as the case may be . Consequently, these appeals are disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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