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Facts
The assessee's appeal was filed against an order of the Ld. CIT(A) concerning assessment year 2018-19. The National Company Law Tribunal (NCLT) had admitted a petition for Corporate Insolvency Resolution Process (CIRP) against the assessee and declared a moratorium.
Held
The Tribunal held that in light of the NCLT's order admitting the CIRP and imposing a moratorium, the present appeal filed by the assessee was not maintainable.
Key Issues
Whether an appeal filed by an assessee is maintainable when a moratorium has been imposed by the NCLT due to the admission of CIRP against the assessee.
Sections Cited
250, 143(3), 143(3A), 143(3B), 7, 14
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “G” BENCH: NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
Year : 2018-19] HIL (India) Ltd., vs National 2nd Floor, Core-6, e-Assessment Centre, Scope Complex, Lodhi Road, Delhi New Delhi-110003. PAN-AAACH0905Q APPELLANT RESPONDENT Appellant by Shri Ankur Sharma, CA Respondent by Shri Pradumna Kumar Singh, Sr.DR Date of Hearing 03.09.2025 Date of Pronouncement 03.09.2025 ORDER
PER MANISH AGARWAL, AM :
The present appeal is filed by the assessee against the order dated 29.01.2025 of Ld. Commissioner of Income Tax (A), National Faceless Appeal Centre (“NFAC”), Delhi [“Ld. CIT(A)”] in Appeal No. NFAC/2017-18/10031966 u/s 250 of the Income Tax Act, 1961 [“the Act”] arising out of assessment order dated 12.01.2021 passed u/s 143(3) read with sections 143(3A) & 143(3B) of the Act pertaining to assessment year 2018-19.
The Ld. Counsel for the Assessee submitted that the NCLT vide its order dated 30.07.2025 in CP (IB) No.404/(PB)/2024 admitted the petition for commencement of Corporate Insolvency Resolution Process (“CIRP”) against the Assessee under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“the Code”) and also declared moratorium in terms of Section 14 of the Code. Further, the adjudicating authority has been directed appoint Interim Resolution Professional and to take necessary steps as per IBC.
We have heard the contentions of both the parties and gone through the order of the NCLT dated 30.07.2025 wherein by admitting the application filed by the applicant, a moratorium has been imposed and the adjudicating authority has been directed to appoint Interim Resolution Professional and to take necessary steps as per IBC. In view of the same, the present Appeal filed by the assessee is not maintainable, accordingly, Appeal filed by the assessee is hereby, dismissed with a liberty to the assessee/parties to file appropriate application for restoration of the present Appeal, if so advised.
In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 03.09.2025.