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Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
आदेश / ORDER आदेश आदेश आदेश
PER SUSHMA CHOWLA, VP Both the appeals filed by the assessee and the Revenue are against the order of Commissioner of Income Tax(Appeals)-23, New Delhi dated 11.05.2015 relating to assessment year 2008-09 against order passed under section 143(3) of the Income Tax Act, 1961.
The cross appeals filed by the assessee and the Revenue were heard together and are being disposed of by this consolidated order for the sake of convenience.
None appeared on behalf of the assessee nor any application for adjournment was moved.
The learned DR for the Revenue pointed out that the issue stands covered against the assessee by the order of the Tribunal vide order dated 30.01.2020 for assessment years 2009-10, 2011-12, 2012-13 and 2013-14 in 4303, 5177 and 5596/Del/2016.
On perusal of record and after hearing the learned DR for the Revenue, we note that the said company has been referred for resolution of insolvency in CP(IB) No. 3109/MB/2019 under Insolvency and Bankruptcy Code, 2016. During the period of moratorium, no suit or proceeding can continue against the company. In view thereof, we dismiss the cross appeals filed by the assessee and Revenue with liberty to file the same afresh after
आयकर अपील सं. / 4738, 4880/Del/2015 moratorium period as per IBC Code, 2016 ends. Hence the cross appeals are dismissed.
In the result, the cross appeals filed by the assessee and Revenue are dismissed.
Order pronounced in the open court on 12th day of March, 2020.