IL & FS ENGINEERING AND CONSTRUCTION COMPANY LIMITED(FORMERLY MAYTAS INFRA LIMITED),HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD

ITA 1894/HYD/2019Status: DisposedITAT Hyderabad10 September 2026AY 2009-1014 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that due to the NCLAT's interim stay order, the appeals could not be proceeded with. The previous dismissal was based on incorrect assumptions about IBC proceedings.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) had previously dismissed appeals in limine due to a misunderstanding of the Insolvency and Bankruptcy Code (IBC) applicability. Upon recalling the order, the Tribunal considered an NCLAT interim stay order against proceedings involving IL & FS.

What were the issues?

Whether appeals can be proceeded with when there is an NCLAT stay order against the assessee. Whether the earlier dismissal based on IBC provisions was erroneous.

Which sections of the Income-tax Act were involved?

Section 241, Section 242

AI-generated summary — verify with the full judgment below

आयकर अपीलीय अिधकरण, हैदराबाद पीठ", हैदराबाद INCOME TAX APPELLATE TRIBUNAL, HYDERABAD B-BENCH, HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER ITA Nos.1887 to 1889/HYD/2019 & ITA.Nos.1890 to 1894/HYD./2019 िनधा"रण वष"/Assessment Years 2009-2010 to 2011-2012 & 2012-2013 to 2015-2016 & 2009-2010 IL & FS ENGINEERING DY. COMMISSIONER AND CONSTRUCTION OF INCOME TAX, COMPANY CENTRAL CIRCLE-9 LIMITED(FORMERLY 8TH FLOOR, AAYAKAR MAYTAS INFRA BHAVAN, LIMITED) BASHEERBAGH 8-2-120/113/3, 1ST HYDERABAD-, Vs. FLOOR, BLOCK B, TELANGANA SANALI INFO PARK, AND The ACIT, ROAD NO.2, BANJARA HILLS, HYDERABAD-, Central Circle-3(2), TELANGANA HYDERABAD. अपीलाथ" Appellant ""थ" Respondent ITA.Nos.130 to 135/Hyd./2020 िनधा"रण वष"/Assessment Years 2009-2010 to 2014-2015 The ACIT, IL & FS ENGINEERING Central Circle-3(2), AND CONSTRUCTION COMPANY LIMITED HYDERABAD. अपीलाथ" Appellant ""थ" Respondent

ITA 1887 to 1894/HYD/2019 AND ITA 130 to 135/Hyd./2020

Permanent Account Number of Assessee: AABCM3722F

अपीलाथ" "ारा/Appellant represented by: CA K C Devdas ""थ" "ारा/Respondent CIT-DR Waseem UR Rehman represented by: सुनवाई की तारीख / Date of conclusion of heari

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