MESERS CREST STEEL AND POWER PRIVIATE LIMITED,RAJNANDGAON vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, RAIPUR
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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI RAVISH SOOD, JM & SHRI ARUN KHODPIA, AM
Per Arun Khodpia, AM : This appeal is filed by the assessee against the order passed by the CIT(A)-I, Raipur, dated 07.12.2018 for the assessment year 2015-2016. 2. None appeared on behalf of the assessee even the case was called for second round of hearing. Therefore, the Bench proceeded to dispose off the appeal of the assessee after hearing the ld. CIT-DR and considering the facts and circumstances of the case.
At the outset, we found that the assessee company has filed a letter dated 23.11.2022, wherein it is stated that the issue involved in the present appeal has been fully and finally settled before the NCLT, Cuttack Bench Cuttack vide order dated 01.11.2021 in MA No.125/CTB/2020 in TP No.205/CTB/2019 [earlier CP(IB) No.1664/MB/2017]. In view of the above, we are of the opinion that the present appeal filed by the assessee before the Income Tax Tribunal is no longer to stand. Similar view has 2 also been taken by the coordinate bench of the Tribunal in the case of assessee itself along with other assessees passed in IT(SS)A No.04/RPR/2018 and other connected appeals, order dated 03.01.2023, wherein in paras 8 & 9, the Tribunal has held as under :-
Thus, in terms of section 14 of IBC, there is a complete prohibition imposed on the institution or continuation of any pending suit against the assessee- company including the execution of any judgment in any Court of law or Tribunal, etc. Therefore, at present this appeal cannot be continued, and same view has been confirmed by (i) ITAT, Delhi “A” bench in ACIT Vs. M/s Amtek Ring Gears ltd., ITA No. 5028/Del/2014 dated 17/05/2 18! and (ii) I TAT! Ahmedabad "D" Bench in DCIT Vs. Sona Alloys Pvt. Ltd. ITA No. 768/Ahd/2019 dated 11/11/2022. 9. For the aforestated reasoning! In the light of moratorium we dismiss this appeal, however, in the interest of justice we give liberty to the appellant company to file miscellaneous application for revival if necessitates as and when the moratorium period is over or as approved by the concerned authorities or in accordance with any law as may permit such action.
Respectfully following the above observations of the coordinate bench of the Tribunal, we dismiss the present appeal, with a liberty to file Miscellaneous Application, if requires, as and when the moratorium period is over or as approved by the concerned authorities or in accordance with any law as may permit such section.
In the result the appeal of the assessee is dismissed. Order pronounced in pursuance to the Rule 34(4) of ITAT Rules,1963 on 17/02/2023. (RAVISH SOOD) (ARUN KHODPIA) न्यानयक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER रायऩुर/Raipur; ददनाांक Dated 17/02/2023 Prakash Kumar Mishra, Sr.P.S
3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : 1. अऩीऱाथी / The Appellant- प्रत्यथी / The Respondent- 2. आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. विभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, रायऩुर/ DR, ITAT,
Raipur गार्ड पाईऱ / Guard file. 6. सत्यावऩत प्रयत //// आदेशानुसार/ BY ORDER,
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