9911796707
TMI Blog2022 (6) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating Authority) Rules 2016, no proceedings can continue against the corporate debtor i.e. the assessee. In view of this and drawing further force from the order of coordinate bench in the case of Real Steps Ltd. [ 2021 (7) TMI 1445 - ITAT AHMEDABAD] all these nine appeals before this Tribunal filed by the assessee/Department are dismissed as infructuous. However, ld. AO is at liberty to make an application for reinstitution of these appeals after the resolution process ends in IBC 2016. Accordingly, the appeals of the assessee and the Department (totaling nine in numbers) are dismissed as infructuous. - SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER For the Department : Md. Ghayas Uddin, CIT, DR For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice on behalf of the assessee to the aforesaid interim resolution professional and the matter was adjourned. A copy of the order sheet is reproduced hereunder for ease of reference. 4. Considering the facts on record in the above stated order sheet and with the aid of ld. CIT, DR, we are inclined to take up the matter in this bunch of nine appeals and decide it on the basis of material placed on record. 5. Brief facts of the case are that the assessee is a reseller of timber and wood products. A search and seizure operation u/s. 132 of the Act was conducted at its business premises and several other offices and factory premises of the group companies on 21.11.2013. In respect of AY 2008-09, the Ld. AO enquired about the unsecured loans take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of reference. 8. In the light of the above order by Hon ble NCLT in the assessee s own case for its CIRP as per Rule 4 of the Insolvency Bankruptcy (Application to Adjudicating Authority) Rules 2016, no proceedings can continue against the corporate debtor i.e. the assessee. In view of this and drawing further force from the order of coordinate bench of ITAT Ahmedabad in the case of Real Steps Ltd. Vs. PCIT (supra), all these nine appeals before this Tribunal filed by the assessee/Department are dismissed as infructuous. However, ld. AO is at liberty to make an application for reinstitution of these appeals after the resolution process ends in IBC 2016. Accordingly, the appeals of the assessee and the Department (totaling nine in number ..... X X X X Extracts X X X X X X X X Extracts X X X X
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