RITESH SINGH ACIT CIRCLE 3 3 1 MUMBAI, MUMBAI vs. TREND ELECTRONICS LIMITED, MUMBAI

ITA 5459/MUM/2024Status: DisposedITAT Mumbai24 December 2025AY 2017-18Bench: SHRI OM PRAKASH KANT (Accountant Member), SHRI RAJ KUMAR CHAUHAN ( (Judicial Member)17 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in not adjudicating the grounds of appeal on merits. It stated that while IBC prevails, tax authorities can determine quantum but not initiate recovery during moratorium. The appeals were set aside and restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee company was undergoing liquidation under the Insolvency and Bankruptcy Code (IBC). The CIT(A) allowed the company's appeals, holding that tax dues were extinguished due to liquidation on a 'clean slate' basis. The Revenue appealed this decision.

What were the issues?

Whether the CIT(A) was justified in not adjudicating appeal grounds during insolvency proceedings and whether tax dues are extinguished upon liquidation under IBC.

Which sections of the Income-tax Act were involved?

Section 270A,Section 143(3),Section 7,Section 14,Section 33(5),Section 53

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Income Tax Appellate Tribunal, MUMBAI BENCH “E” MUMBAI

Before: SHRI OM PRAKASH KANT (ACCOUNTANT & SHRI RAJ KUMAR CHAUHAN

For Appellant: Shri Leyaqat Ali, Sr. DR
Hearing: 24/12/2025

Per: Bench These appeals by the Revenue are directed ag

The order continues below.

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