DCIT CENTRAL CIRCLE-16, NEW DELHI vs. ADTV COMMUNICATIONS PRIVATE LIMITED, NEW DELHI

PDF · subscribers
ITA 2141/DEL/2023Status: DisposedITAT Delhi29 May 2025AY 2011-12Bench: SHRI YOGESH KUMAR U.S. (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)1 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the NCLT had imposed a moratorium and directed the appointment of an Interim Resolution Professional. Consequently, the appeal filed by the Revenue was deemed not maintainable.

What were the facts?

The Department of Revenue filed an appeal against an order by the CIT(A) for AY 2011-12. The assessee's counsel informed the tribunal that the NCLT had admitted a petition for Corporate Insolvency Resolution Process (CIRP) against the assessee.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the assessee is undergoing CIRP and a moratorium has been imposed by the NCLT.

Which sections of the Income-tax Act were involved?

Section 7,Section 14,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SHRI YOGESH KUMAR U.S. & SHRI MANISH AGARWAL

For Appellant: Shri Rajeshwar Prasad Painuly, CA
Hearing: 27/05/2025Pronounced: 29/05/2025

Appellant Respondent Assessee by Shri Rajeshwar Prasad Painuly, CA Revenue by Sh. Mahesh Kumar, CIT(DR) Date of Hearing 27/05/2025 Date of Pronouncement 29/05/2025 ORDER

PER YOGESH KUMAR, U.S. JM:

1.

The present appeal is filed by the Department of Revenue against the order of the Commissioner of Income Tax Appeals-Delhi, 27 [‘Ld.

CIT(A)/NFAC’ for short] dated 22/05/2023 pertaining to the Assessment Year 2011-12.

2.The Ld. Counsel for the Assessee submitted that the NCLT vide its order dated 17/12/2024 in Company Appeal (AT) (Insolvency) No. 849/2023 and I.A No. 2894,2895 of 2023 admitted the petition for commencement of Corporate Insolvency Resolution Process (‘CIRP’) against the Assessee under Section7 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’) and also declared moratorium in terms of Section 14 of the Code. Further the adjudicating authority has been directed appoint Interim Resolution Professional and to take necessary steps as per IBC.

3.

We have gone through the order of the NCLT dated 17/12/2024, wherein by admitting the application filed by the applicant a moratorium has been imposed and the adjudicating authority has been directed appoint Interim Resolution Professional and to take necessary steps as per IBC. In view of the same, the present Appeal filed by the Revenue is not maintainable, accordingly, Appeal filed by the Revenue is hereby dismissed with a liberty to the Revenue/parties to file appropriate application for restoration of the present Appeal, if so advised.

4.

In the result, the appeal filed the Revenue is dismissed.

More judgments on Section 7

All 296 judgments and leading authorities on Section 7 →

Recent GST High Court judgments

Search GST case law →