TMI Blog2023 (7) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... ratorium 03.10.2020 passed u/s. 14 of the Insolvency Act prohibits the institution of suits or continuation of pending suits or proceedings against the company including execution of any judgment, decree, or order of any court of law, Tribunal, arbitration panel or other authority. This being the position no useful purpose is going to be served in continuing with the present proceedings in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... measures in accordance with law. Appeal of the revenue is dismissed in limine for statistical purposes. - ITA No. 3671/Del/2012 - - - Dated:- 25-7-2023 - Shri Chandra Mohan Garg, Judicial Member And Dr. B.R.R. Kumar, Accountant Member For the Revenue : Ms. Samita Singh, Sr. DR For the Assessee : Shri Abhishek Mathur, CA ORDER PER CHANDRA MOHAN GARG, J.M. This appeal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. CIT(A) granted part relief to the assessee on certain grounds including sole ground of revenue raised before this Tribunal (supra) thus the revenue is an appeal against the aforesaid order of assessee deleting the addition made by the Assessing Officer on parts and accessories of air pollution control machineries. 5. The ld. AR has filed an application informing that the NCLT by order date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Act, 2002. iv) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the company. 6. Thus, it appears that the NCLT has ordered liquidation of assessee company under IBC 2016 by observing that the order of moratorium 03.10.2020 passed u/s. 14 of the Insolvency Act prohibits the institution of suits or continuation of pending suits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities below including CIT(A) and the ITAT in respect of tax liability of a dater under Corporate Insolvency Resolution Process (CIRP). 7. In view of foregoing discussion, the appeal of the revenue is dismissed with a liberty to the revenue to seek remedial measures in accordance with law as and when it is in a position to justify the continuance of the proceedings or where it is otherwise nece ..... X X X X Extracts X X X X X X X X Extracts X X X X
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