ACIT CENTRAL CIR-2(1) MUMBAI, MUMBAI vs. M/S WIZCRAFT INTERNATIONAL ENTERTAINMENT PVT. 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 no proceedings can be continued against a corporate debtor during the insolvency resolution process. Therefore, the appeal filed by the Revenue could not be proceeded with.
What were the facts?
The Revenue filed an appeal against the deletion of an addition made by the Assessing Officer. The assessee company was undergoing corporate insolvency resolution process under the IBC-2016.
What were the issues?
Whether an appeal filed by the Revenue can be continued against a company undergoing corporate insolvency resolution process under the IBC-2016.
Which sections of the Income-tax Act were involved?
Section 14 of IBC-2016
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
O R D E R PER PRASHANT MAHARISHI, AM:
This appeal is filed by the Asst. Commissioner of Income- tax, Central Circle-2(1), Mumbai for Assessment Year 2014-15 raising the solitary grievance for deletion of addition with respect to provision of ₹17,49,68,217/-.
At the time of hearing, the assessee has filed a letter dated 15th February, 2022, wherein the assessee has enclosed the order passed by the NCLT, Mumbai dated 27th October, 2021, wherein the assessee has been referred to the corporate insolvency resolution process according to IBC-2016.
In view of this, we find no merit that at this stage the appeal filed by the learned Assessing Officer can be proceeded with. Even keeping this appeal pending before us ialso continuation of proceedings. In view of this, we dismiss the appeal filed by the learned Assessing Officer in terms of provisions of section 14 of IBC-2016 with a liberty to the learned Assessing Officer that as soon as the moratorium is over, he may prefer the appeal afresh or may file application for recall of this order.
In the result, the appeal filed by the learned Assessing Officer is dismissed.
Order pronounced in the open court on 22.03.2022.
Recent GST High Court judgments
Search GST case law →- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026