DCIT 3(1), MUMBAI vs. EKL APPLIANCES LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal held that the appeal filed by the Assessing Officer could not be continued due to the provisions of Section 14 of the Insolvency and Bankruptcy Code, 2016. The respondent was also not properly substituted.
What were the facts?
The assessee company, M/s EKL Appliances Ltd., had amalgamated with M/s Videocon Industries Ltd., which subsequently underwent Corporate Insolvency Resolution Process (CIRP). The CIRP of Videocon Industries Ltd. was stayed by the Supreme Court.
What were the issues?
Whether an appeal can be continued against a company undergoing insolvency resolution process, and if the respondent was properly substituted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “K” BENCH, MUMBAI
O R D E R PER PRASHANT MAHARISHI, AM: 01. This appeal is filed by the Asst. Commissioner of Income Tax, Circle 3(1), Mumbai (the learned Assessing Officer) against the appellate order passed by the learned Commissioner of Income-tax (Appeals)-15, Mumbai [the learned CIT (A)] dated 6th August, 2012. The assessee, M/s EKL Appliances Ltd., as per order sheet entry dated 25th November, 2021, states that Assessee Company had amalgamated with M/s Videocon Industries Ltd. and further M/s Videocon Industries Ltd. has undergone corporate Insolvency Resolution Process. Corporate Insolvency Resolution Process in case of M/s Videocon has also been stayed by Hon'ble Supreme Court. Therefore, according to Section 14 of Insolvency and Bankruptcy Code 2016, the learned Assessing Officer could not have
In the result, the appeal of the learned Assessing Officer is dismissed.
Order pronounced in the open court on 23.12.2022.
More judgments on Section 14
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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- Narayan Industries Global Limited, New Delhi vs DCIT Circle 16(1), DelhiITA 8422/DEL/2025[2016-17]Status: Disposed24 Sept 2026AY 2016-17
- 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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