TMI Blog2019 (10) TMI 1438X X X X Extracts X X X X X X X X Extracts X X X X ..... t pressed the present appeal in view of the aforesaid instruction since the tax effect in the instant appeal is less than the amount of ₹ 50 lakhs. Circular No. 17/2019 dated 08/08/2019 will apply to all pending appeals. Therefore the precedent, it is held that the appeal is not maintainable in the instant case as the tax effect is less than ₹ 50 lakhs. As held that appeal filed by the revenue is not maintainable. We also hastened to add that certain times instances stated in para No. 10 of the CBDT Circular No. 3/2018 dated 11.07.2018 is not discernable from the assessment and appellate orders, therefore, in such cases, we also give liberty to revenue that if such instances comes to their notice than he may file miscellaneou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said application of CIRP has since been admitted by the Hon'ble NCLT, Allahabad vide its order dated 29.05.2018 (revised o 31.05.2018) and consequent upon such admission the CIRP has commenced w.e.f. 29.05.2018 (copy of order dated 31.05.2018 issued by the hon'ble NCLT, Allahabad is placed as Annexure-1). 4. That pursuant to the admission of application of CIRP, the Hon'ble NCLT Allahabad vide its said order dated 31.05.2018 has interalia appointed the Mr. Anshul Gupta (Registration Number: IBBI/IPA/-002/IP-N00310/2017-18/10899), as the Interim Resolution (IRP) for conducting the CIRP and exercise all powers and subject to all duties as contemplated under the provisions of the IBC. It was also Public announcement made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company however, the appeal shall continue. She further referred to rule 26 of The Appellate Tribunal Rules 1963 to provide that proceedings before ITAT can continue even after insolvency. 7. We have carefully considered the rival contentions. Apparently, the provisions of section 14 of The Insolvency And Bankruptcy Code , 2016 provides that all these suits or continuation of pending suits or proceedings against the corporate debtor including any judgement or decree or order in any court of law, tribunal, arbitration panel or other authority cannot be passed during the moratorium period. The period of moratorium shall have the effect from the date of such order till the completion of the corporate insolvency resolution process. In the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of Tribunals with regard to IBC. Thus therefore after recent amendment also there is no reason to continue with these appeals. 9. In view of this, we dismiss the appeals filed by the revenue in case of above 3 companies with the liberty to AO to file these appeals after moratorium period, if AO wants to continue with this proceedings, making the respective representative of committee of creditors, IRP. Thus, all the appeals of revenue with respect to these 3 companies are dismissed. 10. Further with respect to the appeals filed by the assessee also cannot be sustained as assessee did not furnish any permission obtained from National company law tribunal as held by the honourable madras High Court in Mrs. Jai Rajkumar v. Standic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Syntex Pvt. Ltd, ITA No. 150/Del/2007 in case of M/s. Arhum Syntex Pvt. Ltd are the appeal of the revenue be decided as per the Instruction of the CBDT. 12. We have heard the contention of the ld DR and perused the material on record. We find that the CBDT vide Circular No. 17/2019 dated 08th August 2019 has enhanced the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon'ble High Courts and Hon'ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- '2. As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/judgement involves more than one assessee each assessee shall be dealt with separately. 4. The said modifications shall come into effect from the date of issue of this Circular. 5. The same may be brought to the notice of all concerned. 6. This issues under section 268A of the Income-tax Act, 1961.' 13. We find that the tax effect involves in the appeal of the Revenue is below ₹ 50 lakhs. There is no dispute that the Board's instructions or di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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