PCIT v. Monnet Ispat & Energy Ltd.

Vijaygroup Housing Private Limited, Mumbai vs. NFAC CIT(A), Mumbai

In the result, appeal of the assessee is dismissed

Bench: Raj Kumar Chauhan & Shri Om Prakash Kant

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE RAJ KUMAR CHAUHAN, JUDICIAL MEMBER AND SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER ITA No. 5280/MUM/2024 AY: 2019-20 & ITA No. 5281/MUM/2024 AY: 2016-17 Vijaygroup Housing Pvt Ltd. National Faceless Appeal 708 Raheja Centre, 7th Floor, Centre CIT(A), Mumbai Free Press Marg, Nariman Aayakar Bhavan, R. NO. 528, Vs. Point, Mumbai 400021 5th Floor, Mumbai 400020 PAN: AADCN1474D (Appellant) (Respondent) Assessee Represented by : Shri. RAjnish Vohra a/w. Mr. Parth Gupta Department Represented by : Shri. Pravin Salunkhe, Sr. DR Date of conclusion of Heari…

Vijaygroup Housing Pvt Ltd, Mumbai vs. NFAC CIT(A), Mumbai

In the result, appeal of the assessee is dismissed

Bench: Raj Kumar Chauhan & Shri Om Prakash Kant

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE RAJ KUMAR CHAUHAN, JUDICIAL MEMBER AND SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER ITA No. 5280/MUM/2024 AY: 2019-20 & ITA No. 5281/MUM/2024 AY: 2016-17 Vijaygroup Housing Pvt Ltd. National Faceless Appeal 708 Raheja Centre, 7th Floor, Centre CIT(A), Mumbai Free Press Marg, Nariman Aayakar Bhavan, R. NO. 528, Vs. Point, Mumbai 400021 5th Floor, Mumbai 400020 PAN: AADCN1474D (Appellant) (Respondent) Assessee Represented by : Shri. RAjnish Vohra a/w. Mr. Parth Gupta Department Represented by : Shri. Pravin Salunkhe, Sr. DR Date of conclusion of Heari…

DCIT Cen Cir 5(2), Mumbai vs. Satra Properties (India) Ltd, Mumbai

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

…have been allowed to continue. 5. We find that as regards filing / continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, the Hon’ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– M/s. Satra Properties (India) Ltd. ITA no.3812/Mum./2017 ITA no.4796/Mum./2017 “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, i…

Satra Properties (India) Ltd, Mumbai vs. DCIT Cen Cir 5(2), Mumbai

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA no.3812/Mum./2017 (Assessment Year : 2011–12) M/s. Satra Properties (India) Ltd. Dev Plaza, 2nd Floor, Opp. Andheri Fire Station ……………. Appellant S.V. Road, Andheri (West) Mumbai 400 058 PAN AAACE1835C v/s Dy. Commissioner of Income Tax …………….Respondent Central Circle–33, Mumbai ITA no.4796/Mum./2017 (Assessment Year : 2011–12) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–5(2), Mumbai v/s M/s. Satra Properties (India) Ltd. Dev Plaza, 2nd…

DCIT 15(3)(1), Mumbai vs. Reliance Telecom Ltd., Navi Mumbai

In the result, the appeal of the assessee and revenue are dismissed

Bench: Shri Aby T Varkey & Shri Amarjit Singhthe Dy. Commissioner Of Vs. M/S Reliance Telecom Income Tax 15(3)(1) Ltd., H-Block, 1St Floor, Room No. 451, 4 Th Floor, Dakc, Koparkhairane, Aayakar Bhavan, Navi Mumbai - 400710 Maharshi Karve Road, Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacr2658E Respondent .. Appellant Reliance Telecom Ltd., Vs. The Dy. Commissioner Of “Bhq”, Block, 2Nd Floor, Income Tax 15(3)(1) Dhirubhai Ambani Aayakar Bhavan, Knowledge City, Maharshi Karve Road, Navi Mumbai – 400710 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacr2658E Respondent .. Appellant

…he provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High ITA No.2669 &1193/Mum/2016 A.Y.2008-09 4 The DCIT15(3)(1) Vs. M/s Reliance Telecom Ltd. Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority (…

Reliance Telecom Ltd, Navi Mumbai vs. DCIT 3(3), Mumbai

In the result, the appeal of the assessee and revenue are dismissed

Bench: Shri Aby T Varkey & Shri Amarjit Singhthe Dy. Commissioner Of Vs. M/S Reliance Telecom Income Tax 15(3)(1) Ltd., H-Block, 1St Floor, Room No. 451, 4 Th Floor, Dakc, Koparkhairane, Aayakar Bhavan, Navi Mumbai - 400710 Maharshi Karve Road, Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacr2658E Respondent .. Appellant Reliance Telecom Ltd., Vs. The Dy. Commissioner Of “Bhq”, Block, 2Nd Floor, Income Tax 15(3)(1) Dhirubhai Ambani Aayakar Bhavan, Knowledge City, Maharshi Karve Road, Navi Mumbai – 400710 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacr2658E Respondent .. Appellant

…he provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High ITA No.2669 &1193/Mum/2016 A.Y.2008-09 4 The DCIT15(3)(1) Vs. M/s Reliance Telecom Ltd. Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority (…

DCIT (TDS) 2(1), Mumbai vs. Reliance Communications Infrasructure Ltd, Navi Mumbai

In the result, appeals of the Revenue are dismissed

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon‟ble Delhi High Court was affirmed by the Hon’ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon‟ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present cross appeals are a continuation of pending Suit against the…

DCIT (TDS) 2(1), Mumbai vs. Reliance Communications Infrasructure Ltd, Navi Mumbai

In the result, appeals of the Revenue are dismissed

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon’ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority (…

Global Softech Ltd, Mumbai vs. DCIT CC 5(3), Mumbai

In the result, appeals by the assessee are dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…have been allowed to continue. 7. We find that as regards filing / continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, the Hon’ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith M/s. Global Softech Ltd. A.Y. 2008–09, 2009–10, 2011–12, 2013–14, and 2014–15, contained in any other law for the time being in force. Section 14(1)(a) of the Code states, i…

Global Softech Ltd, Mumbai vs. DCIT CC 5(3), Mumbai

In the result, appeals by the assessee are dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon’ble Delhi High Court was affirmed by the Hon’ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon’ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present appeals are a continuation of pending Suit against the Corpor…

Global Softech Ltd, Mumbai vs. DCIT CC 5(3), Mumbai

In the result, appeals by the assessee are dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon’ble Delhi High Court was affirmed by the Hon’ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon’ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present appeals are a continuation of pending Suit against the Corpor…

Global Softech Ltd, Mumbai vs. DCIT CC 5(3), Mumbai

In the result, appeals by the assessee are dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon’ble Delhi High Court was affirmed by the Hon’ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon’ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present appeals are a continuation of pending Suit against the Corpor…

Global Softech Ltd, Mumbai vs. DCIT CC 5(3), Mumbai

In the result, appeals by the assessee are dismissed

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

…disposed of with liberty to the Appellant Department to revive them subject to the further orders of the NCLT.” 8. The aforesaid decision of the Hon’ble Delhi High Court was affirmed by the Hon’ble Supreme Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 18 SCC 789. The Hon’ble Supreme Court also upheld the overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions by virtue of non obstante clause contained in section 238 of the Code. Thus, we are of the considered view that the present appeals are a continuation of pending Suit against the Corpor…

JCIT (OSD)-8(1)(1), Mumbai vs. M/S Reliance Communication Infrastructure Ltd, Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communications Infrastructure Ltd., Mumbai vs. ACIT-8(1)(1), Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communications Infrastructure Ltd, Navi Mumbai vs. DCIT 8(1)(1), Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…down in the said sections are satisfied. Insofar as filing/continuation of appeal under the provisions of the Act, during the continuation of moratorium period is concerned, we find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communication Ltd, Navi Mumbai vs. DCIT 15(3)(1), Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Reliance Communication Ltd, Navi Mumbai vs. DCIT 15(3)(1), Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…

Jt.CIT (OSD) - Cir. - 15(3)(1), Mumbai vs. Reliance Communication Ltd, Navi Mumbai

In the result, cross appeals are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…he provisions of the Act, during the continuation of moratorium period is concerned, we Reliance Communications Ltd. A.Y. 2009–10, 2010–11, 2011–12, 2012-13, 2013-14 and 2014-15 find that Hon‟ble Delhi High Court in PCIT v/s Monnet Ispat & Energy Ltd., [2018] 304 CTR 234 (Del.), observed as under:– “2. It appears to the Court that Section 238 of the Code is categorical that the Code will apply, notwithstanding anything Inconsistent therewith contained in any other law for the time being in force. Section 14(1)(a) of the Code states, inter alia, that on the Insolvency commencement date the Adjudicating Authority…