TWENTY FIRST CENTURY WIRES RODS LTD.,MUMBAI vs. ACIT, CIRCLE- 16(1), NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeals, following a previous order where similar appeals were dismissed due to the NCLT moratorium. The assessee was granted liberty to revive the appeals upon further orders from the NCLT.
What were the facts?
The assessee's appeals for assessment years 2005-06 and 2006-07 were before the ITAT. The National Company Law Tribunal (NCLT) had granted a moratorium under the Insolvency and Bankruptcy Code, 2016.
What were the issues?
Whether pending appeals can be pursued when a moratorium has been granted under the Insolvency and Bankruptcy Code, 2016.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’, NEW DELHI
Before: SHRI SAKTIJIT DEY & DR. BRR KUMARR
ORDER PER SAKTIJIT DEY: JUDICIAL MEMBER:
Captioned appeals by the same assessee, arise out of two separate orders of learned Commissioner of Income-Tax(Appeals)- 33, New Delhi, pertaining to assessment years and 2005-06 and 2006-07.
At the outset, learned counsel appearing for the assessee submitted that National Company Law Tribunal (NCLT) in judgment dated 12.09.2018 has granted moratorium in terms of Section 14 of Insolvency and Bankruptcy Code 2016. He submitted that, as a result, no suit or appeal can be pursued including the pending disputes. He submitted, keeping this fact in view, the Tribunal has dismissed the cross appeals relating to the assessee for assessment year 2008-09 with a liberty to revive the appeal subject to further order of the NCLT. He submitted, similar decision may be taken in case of these appeals as well.
We have heard the parties and perused the material available on record.
Undisputedly, in case of the present assessee insolvency, resolution process has been initiated by the NCLT and moratorium in terms of Section 14 of the Code has been granted.
Considering the above aspects, the Tribunal vide order dated 02.02.2022 has dismissed the cross-appeals relating to the assessee for the assessment year 2008-09 being & 4128/Del/2012.
Keeping in view the submissions of the parties and the order passed by the Tribunal in assessment year 2008-09, as referred to above, we dismiss the present appeals with liberty to the assessee to seek revival of the appeals subject to further orders of NCLT.
In the result, both the appeals are dismissed.
More judgments on Section 14
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- Manpreet Estates LLP, Mumbai vs ACIT, Central Circle 8(3), MumbaiITA 4386/MUM/2026[2020-21]Status: Disposed11 Sept 2026AY 2020-21
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