DCIT, NEW DELHI vs. M/S. NIMITYA HOTELS & RESORT LTD., DELHI

ITA 1719/DEL/2014Status: DisposedITAT Delhi27 February 2025AY 2009-10Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)8 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that due to the moratorium declared under the Insolvency and Bankruptcy Code, 2016, the appeals cannot be adjudicated at present. The appeals are dismissed without prejudice to the assessee's right to seek revival later.

What were the facts?

The assessee company is undergoing insolvency proceedings, and a moratorium has been declared by the National Company Law Tribunal (NCLT). This moratorium prohibits the continuation of pending suits or proceedings against the corporate debtor.

What were the issues?

Whether pending appeals can be proceeded with when a moratorium has been declared under the Insolvency and Bankruptcy Code, 2016.

Which sections of the Income-tax Act were involved?

Section 14

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’: NEW DELHI

Before: SHRI PRADIP KUMAR KEDIA & SHRI SUDHIR PAREEK

For Appellant: Shri Yanoranjan Nayak, AR
For Respondent: Shri Baljeet Kaur, CIT(DR), Shri Yanoranjan Nayak, AR
Hearing: 27.02.2025Pronounced: 27.02.2025

PER SUDHIR PAREEK, JM

These cross appeals filed by the Assessee (ITA No.- 1832/Del/2014) and Revenue (ITA No.- 1719/Del/2014) against the order dated 28.01.2014 of the Ld. Commissioner of Income Tax (Appeals)-III, New Delhi, [hereinafter referred to as “Ld. CIT(A)”] pertaining to Assessment Year 2009-10. The aforesaid cross appeals were earlier heard by the ITAT,

The order continues below.

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