M/S. KSL AND INDUSTRIES LTD.,MUMBAI vs. DCIT CENT. CIR. - 5(3), MUMBAI
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 held that as per Section 14 of the IBC-2016, no proceedings can be continued against a corporate debtor during the moratorium period. Therefore, continuing the appeals would be a continuation of proceedings.
What were the facts?
The assessee, M/s KSL and Industries Ltd., was undergoing Corporate Insolvency Resolution Process under the IBC-2016. The National Company Law Tribunal (NCLT) had passed an order on 06.09.2019.
What were the issues?
Whether appeals filed by the assessee and revenue can be continued against a corporate debtor undergoing insolvency resolution process under IBC-2016.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI
Before: SHRI PAVAN KUMAR GADALE & SHRI AMARJIT SINGH
Heard together (6 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R Per Bench: These are the appeals filed by the assessee and the revenue against the common order of Commissioner of Income-tax (Appeals) -53 Mumbai.
At the time of hearing, the Ld. DR has brought to the knowledge of the bench that, the assessee has been referred to the Corporate Insolvency Resolution Process as per IBC- 2016 Laws. Further the order passed by the National Company Law Tribunal (NCLT),Ahmedabad dated 06.09.2019 was brought on record.
We found as per the provisions of Sec.14 of IBC-2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with these appeals filed by the assesse and the revenue and also keeping the appeals pending is also a continuation of proceedings.
More judgments on Section 14
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Asstt. Commissioner of Income Tax, Central… vs Shri Jayantibhai Virjibhai Babariya, SuratWTA 2/SRT/2025[2015-16]Status: Disposed30 Sept 2026AY 2015-16
- Asst. Commissioner of Income Tax, Central… vs Shri Jayantibhai Virjibhai Babariya, SuratWTA 1/SRT/2025[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- 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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