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Facts
The assessees challenged final orders of the Assessing Officer dated 27.10.2017, 31.10.2017, and 30.10.2019, which followed directions from the DRP. However, the Hon'ble Supreme Court had previously imposed a moratorium on Unitech Limited and its subsidiaries (including the assessees) via a judgment dated 21.01.2020 in Civil Appeal No.10856/2016, prohibiting the institution or continuation of proceedings against them.
Held
The tribunal held that due to the Supreme Court-ordered moratorium on the assessee companies, the present appeals were not maintainable and were dismissed in-limine. The assessees and the department were granted liberty to seek restoration of the appeals if the moratorium is lifted or circumstances change.
Key Issues
Maintainability of appeals before the Income Tax Appellate Tribunal in light of a Supreme Court-ordered moratorium on all proceedings against the assessee companies.
Sections Cited
AI-generated summary — verify with the full judgment below
ORDER PER BENCH In the above appeals the Assessees have challenged final orders of the Assessing Officer dated 27.10.2017, 31.10.2017 and order dated 30.10.2019 respectively which were passed consequent to directions of the DRP.
The Learned Counsels for the Assessees submitted that the Hon’ble Supreme Court in Civil Appeal No.10856/2016 and connected matters, vide Judgment dated 21.01.2020, ordered for moratorium on the Assessee company, therefore submitted that suitable order may be passed considering the judgment of the Supreme Court(Supra).
Per Contra Learned DR submitted that the appeals of the Assessees would be maintainable if the moratorium imposed by the Supreme Court are lifted. Thus, submitted that a liberty may be reserved to contest the matter on merits in case of lifting of the moratorium by the Supreme Court.
We have considered the submissions made by both the parties and also gone through the order of the Supreme Court in Civil Appeal No. 10856/2016 dated 21.01.2020. Hon’ble Supreme Court, while ordering for the moratorium on the Assessees at page-35 para(vii) held as under:
7/ Del/2018 & 9004/Del/2019 “(viii) Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the company as well as the enforcement of orders that may have been passed against the company.”
The Hon’ble Supreme Court vide order dated 21.01.2020 ordered for moratorium period on the Assessees companies, thus consequent to the said Judgment of the Hon’ble Supreme Court the present appeals filed by the Assessees are not maintainable and liable to be dismissed. Accordingly, we dismiss the appeals filed by the Assessees with the liberty to Assessees/department to seek for restoration of the above Appeals on lifting of the moratorium period ordered by the Hon’ble Supreme Court or any other change of circumstances.
Accordingly, the appeal in & 7/Del/2018 and are dismissed in-limine.