DCIT 14(1)(2), MUMBAI vs. C. MAHENDRA EXPORTS LTD., MUMBAI

ITA 2291/MUM/2016Status: DisposedITAT Mumbai27 July 2022AY 2010-113 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 held that since the assessee is a corporate debtor undergoing insolvency resolution, no suit can proceed against it. The erstwhile directors who signed the appeals are also functus officio.

What were the facts?

The assessee company, C. Mahendra Exports Ltd., had filed appeals before the ITAT. The Hon'ble High Court had earlier ordered winding up of the company, but this order was recalled and the matter was transferred to the NCLT for corporate insolvency resolution process.

What were the issues?

The primary issue was the maintainability of the appeals before the ITAT given the ongoing corporate insolvency resolution process and the recall of the winding-up order.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K” BENCH, MUMBAI

Before: SHRI PRASHANT MAHARISHI, AM & SHRI KULDIP SINGH, JM

For Appellant: Shri Bharat Kumar, AR

For Respondent: Shri Samruddhi D Hande, DR

Hearing: 27.07.2022Pronounced: 27.07.2022

O R D E R PER BENCH: 01. is filed by the assessee for A.Y. 2008–09. ITA no.2290 & 2361/Mum/2016 are cross Order pronounced in the open court on 27.07.2022.

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