GIGEO CONSTRUCTION CO. PVT. LTD.,,NAGPUR vs. ACIT, CENTRAL CIRCLE- 1(3),, NAGPUR

ITA 97/NAG/2017Status: DisposedITAT Nagpur09 September 2024AY 2003-04Bench: SHRI V. DURGA RAO (Judicial Member)9 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that due to the moratorium declared by the NCLT, all proceedings against the assessee are prohibited. Therefore, the appeals filed by both the revenue and the assessee are dismissed.

What were the facts?

The assessee company, M/s. Gigeo Construction Co. Pvt. Ltd., is undergoing insolvency proceedings under the Insolvency and Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT) has prohibited all pending proceedings against the corporate debtor.

What were the issues?

Whether pending appeals before the ITAT can continue when the assessee company is under insolvency proceedings and a moratorium has been imposed by the NCLT.

Which sections of the Income-tax Act were involved?

Section 14,Section 238,Section 178

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(7)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER

For Appellant: Shri Manoj G. Moryani a/w, Shri Bhavesh Moryani
For Respondent: Shri Kailash C. Kanojiya

PER K.M. ROY, A.M.

The Revenue has filed appeals for the assessment year 2007–08 and 2009–10, which arose out of the impugned orders of even date 21/06/2016, and the assessee has also filed its appeal for the assessment year 2003–04,

M/s. Gigeo Construction Co. Pvt. Ltd. which arose out of the impugned order dated 28/12/2016. All these appeals have been passed by the learned CIT(A)–3,

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Similar judgments

Other orders that rely on the same authority or decide the same section.

More judgments on Section 14

All 685 judgments and leading authorities on Section 14 →

Latest GST High Court judgments

Search GST case law →