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TMI Blog2022 (3) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... ited during the moratorium period. The period of moratorium shall have the effect from the date of such order till the completion of the corporate insolvency resolution process. In the present case, the appeal filed by the Revenue is an institution of suit against the corporate debtor, which is prohibited under section 14 of the Code. Hon ble Supreme Court in the case of Pr. CIT v. Monnet Ispat Energy Ltd. [ 2018 (8) TMI 1775 - SC ORDER] has upheld overriding nature and supremacy of the provisions of the Code over any other enactment in case of conflicting provisions, by virtue of a non-obstante clause contained in section 238 of the Code. It is further pertinent to note that under section 178(6) of the Act, as amended w.e.f. 01.11.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... afresh by the Interim Resolution Professional / Resolution Professional, as may be substituted by the Hon ble NCLT, on behalf of the Corporate Debtor with prior permission of the Hon ble NCLT - ITA No. 2394/Mum./2017 And ITA No. 2464/Mum./2017 - - - Dated:- 16-3-2022 - Shri Prashant Maharishi, Accountant Member And Shri Sandeep Singh Karhail, Judicial Member For the Assessee : None For the Revenue : Shri Shekhar L. Gajbhiye (CIT-DR) ORDER PER SANDEEP SINGH KARHAIL, J.M. The present cross appeals have been filed by either parties challenging the order dated 27.04.2015, passed by the learned Commissioner of Income Tax (Appeals) 53, Mumbai, under section 250 of the Income Tax Act, 1961 ( the Act ), for the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... templated under the provisions of the Code. 6. It is pertinent to note that as per the provisions of section 14 of the Code institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority shall be prohibited during the moratorium period. The period of moratorium shall have the effect from the date of such order till the completion of the corporate insolvency resolution process. In the present case, the appeal filed by the Revenue is an institution of suit against the corporate debtor, which is prohibited under section 14 of the Code. Hon ble Supreme Court in case of Alchemist Asset Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Liquidator, as the case may be. 9. Further, the appeal filed by the assessee also cannot be sustained as the assessee did not furnish any permission obtained from Hon ble NCLT as held by the Hon ble Madras High Court in Mrs. Jai Rajkumar v. Standic Bank Ghana Ltd. [2019] 101 taxmann.com 329. Further, no letter of authority issued by the Interim Resolution Professional in favour of the Authorised Signatory of the assessee, in respect of present cross-appeals before us, has been filed. Nor it has been brought on record whether the Interim Resolution Professional has been authorised by the Committee of Creditors. 10. Accordingly, the appeal filed by the assessee is also dismissed with the liberty to file the appeal afresh by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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