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Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI
O R D E R PER BENCH 1. These are the bunch of seven appeals filed by the parties in case of above two assessee’s namely M/s. HBN Dairies and Allied Ltd and HBN Homes Colonizer Pvt. Ltd for respective assessment years. In case of both these companies the National Company Law Tribunal has passed an order u/s 9 of Insolvency and Bankruptcy Code, 2016. The NCLT has also declared the moratorium u/s 14 of the Code and appointed Insolvency Resolution Professional for carrying out either insolvency resolution or winding up of the companies.
In view of the provisions of that section of Code, the appeals filed by the revenue are not maintainable till the resolution come to end and the appeals filed by the assessee, there is no letter of authority filed on behalf of IRP. Even otherwise the Tribunal is not empowered to pass any order in such cases because of the mandate of section 14.
In view of this, all these 7 appeals filed by the respective parties are dismissed with a liberty to both the parties to prefer the same before the coordinate bench after the completion of moratorium period. Order pronounced in the open court on 11/10/2019. -Sd/- -Sd/- (BHAVNESH SAINI) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 11/10/2019 A K Keot Page | 2