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TMI Blog2022 (11) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore the appeal filed by the Revenue is treated as dismissed in limini. However, liberty is given to the Revenue to revive/restitute after the moratorium period expires or as approved by the adjudicating authority. - ITA No. 768/Ahd/2019 - - - Dated:- 11-11-2022 - Ms. Annapurna Gupta , Accountant Member And Shri T. R. Senthil Kumar , Judicial Member Appellant by : Shri Alok Kumar , CIT - DR Respondent by : None ORDER PER : T. R. SENTHIL KUMAR , JUDICIAL MEMBER : - This appeal is filed by the Revenue as against the order dated 25.02.2019 passed by the Commissioner of Income Tax (Appeals)-8, Ahmedabad, as against the assessment order passed under section 143(3) r.w.s. 142(2A) of the Income Tax Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; d) the recovery of any property by an owner or lessor where such property is occupied by or in possession of the corporate debtor. (2) The supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during the moratorium period. (3) The provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any Court of Law, Tribunal, Arbitration Penal or other authority in view of Section 14(1) (a) of the Insolvency and Bankruptcy Code, 2016 and, therefore, no proceedings can be continued including the Income-tax proceedings before this Tribunal in the case of the assessee during a moratorium period. 3. The Ld.counsel for the assessee has invited our attention to the decision of Bombay Bench of this Tribunal in the case of Mahavir Roads Infrastructure Pvt. Ltd. vs. DCIT (ITA Nos. 646 to 651/Mum/2019 order dated 08/06/2022), wherein the appeal of the assessee in the similar facts and circumstances was dismissed by the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said appeals after the moratorium period expires or as approved by the adjudicating authority. 7. In the result, all the appeals filed by the assessee are dismissed in limine. 4. Having regard to all the facts of the case and keeping in view the decision of Co-ordinate Bench of this Tribunal at Mumbai in the case of Mahavir Roads Infrastructure Pvt.Ltd. vs. DCIT (supra), this appeal filed by the assessee is treated as dismissed in limine. Liberty, however, is given to the parties to revive/restitute this appeal after the moratorium period expires or as approved by the adjudicating authority. 5. In the result, the appeal filed by the assessee is dismissed. 5. Accordingly, the appeal filed by the Revenue in the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X
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