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Income Tax Appellate Tribunal, DELHI BENCH ‘G’: NEW DELHI
per Section 14 of the Insolvency and Bankruptcy Code, 2016, no proceedings shall remain pending with any Court or Tribunal, once the Insolvency Resolution Proceedings had been initiated on a Corporate Debtor. It is not in dispute that the assessee company is a Corporate Debtor. The Interim Resolution Professional (IRP) has been appointed in the instant case and the IRP has not impleaded himself before this Tribunal by filing form No.36. Hence, the present appeal in the present format is not maintainable and hence, liable to be dismissed.
In view of the above, we deem it fit and appropriate to dismiss this appeal of the assessee as not maintainable with a liberty given to IRP to prefer Miscellaneous Application, if so desired, after the completion of Insolvency Resolution Process, in which event, this appeal shall be restored.
Uniworld Sugars Pvt. Ltd. vs. ACIT 5. In the result, appeal of the assessee is dismissed as not maintainable.
Order pronounced in the open court on 11th September, 2023.