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2022 (7) TMI 1144

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..... d/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, .....

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..... the prescribed period. Assessee also challenged the addition made by the Assessing Officer (AO)/Commissioner of Income Tax (Appeals)[CIT(A)] on account of unexplained money under section 69A of the Act. On the basis of assessment framed under section 144 read with section 147 of the Act AO initiated the penalty proceedings under section 271(1)(c) of the Act and thereby levied the penalty which has been confirmed by the Ld. CIT(A). 3. Assessee companies carried the matter before the Ld. CIT(A) by way of challenging assessment orders and penalty orders by filing appeals who has upheld the assessment orders as well as penalty orders passed by the AO. Feeling aggrieved assessee companies have come up before the Tribunal by way of filing pre .....

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..... order in any court of law, tribunal, arbitration panel or other authority; (ii) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (iii) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (iv) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 7. In view of the order passed by the Hon ble NCLT (supra), we are of the considered .....

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