GRAND VENEZIA COMMERCIAL TOWERS PVT. LTD.,NEW DELHI vs. ACIT(CENTRAL CIRCLE)- 2, NEW DELHI

ITA 3817/DEL/2017Status: DisposedITAT Delhi03 July 2025AY 2013-14Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI M. BALAGANESH (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the provisions of Section 14 of the IBC 2016 prohibit the continuation of any suits or proceedings against a corporate debtor during a moratorium period. This overrides other laws, including those related to income tax appeals.

What were the facts?

The appeals filed by the assessee and the revenue arose from orders of the Commissioner of Income Tax (Appeals). A moratorium had been declared by the National Company Law Tribunal (NCLT) under the Insolvency & Bankruptcy Code, 2016 (IBC 2016).

What were the issues?

Whether income tax appeals can continue during a moratorium period declared under the Insolvency & Bankruptcy Code, 2016, considering the overriding nature of the IBC.

Which sections of the Income-tax Act were involved?

Section 153C,Section 143(3),Section 14,Section 26,Section 238

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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI VIKAS AWASTHY & SHRI M. BALAGANESH

For Appellant: Shri Vikash Jain, Adv
For Respondent: Ms. Namita Khurana, CIT-DR (on rotational duty)
Hearing: 03/07/2025Pronounced: 03/07/2025

PER BENCH:

1.

The appeal in ITA No.486/Del/2017 for AY 2012-13 and 3817/Del/2017 for AY 2013-14, arises out of the ld. Commissioner of Income Tax (Appeals)-23, Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 16.11.2016 for AY 2012-13 and dated 30.03.2017 for AY 2013-14 against the order of assessment passed u/s 153C/143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 30.03.2015 by the Assessing Officer, ACIT, Central Circle-2, New Delhi (hereinafter referred to as ‘ld. AO’).

2.

At the ou

The order continues below.

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