I.T.O, WARD-8(2), KOLKATA, KOLKATA vs. M/S. SARGA HOTEL PVT. LTD. , SALT LAKE

order : 31-December-2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: These two appeals filed by the Revenue are against the separate orders of the Commissioner of Income Tax (NFAC), Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AYs 2013-14 & 2014-15 dated 16.03.2023, which have been passed against the assessment orders u/s 143(3) of the Act, dated 29.02.2016 and 16.12.2016, respectively. Since both the appeals were heard together, they are being decided vide this common order for the sake of convenience and brevity. 1.1 The Registry has informed that the both the appeals are delayed by 49 days. Along with the appeal memo, the Revenue has filed an application seeking condonation of delay. The reasons mentioned are 6.1 Since in this case, the petition u/s 7 of IBC, 2016 has been admitted and the CIRP had commenced and moratorium u/s 14 of the IBC, 2016 had been enforced, therefore, the appeal before the Tribunal becomes infructuous. Further, subsequent to the approval of the resolution plan, all proceedings initiated prior to the admission of application of CIRP are discontinued and the statutory dues forming part of the resolution plan only can be enforced. Hence, the appeal of the Revenue becomes infructuous and are liable to be dismissed.