SEJAL GLASS LTD., MUMBAI V. DCIT, CIRCLE - 13(2)(1), MUMBAI

ITA 2664/MUM/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9900 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 30-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HOSHANG.B.IRANI
• Assessee Lawyers: SAURABH MOHITE
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.2664/Mum/2018 (Assessment Year 2013-14) M/s Sejal Glass Ltd. 3 rd Floor, 173/174 Sejal Encasa Opp. Bata Showroom S.V. Road Kandiwali (West) Mumabi-4000067 Vs. Dy. CIT Circle-13(2)(1) Mumbai-400020 PAN/GIR No. : AADCS8659M Appellant .. Respondent Appellant by : Shri. Saurabh Mohite, AR Respondent by : Shri. Hoshang.B.Irani-DR Date of Hearing 05.07.2022 Date of Pronouncement 06.07.2022 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: This is the appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-21, Mumbai Passed u/sec143(3) and 250 of the Act. ITA.No2664/Mum/2018, Sejal Glass v. DCIT 2. At the time of hearing, the Ld. DR has brought to the knowledge of the bench that, the assessee has been referred to the Corporate Insolvency Resolution Process as per IBC-2016 Laws. Further the order passed by the National Company Law Tribunal (NCLT), Mumbai dated 26.03.2021 was brought on record. 3. We found as per the provisions of Sec.14 of IBC- 2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with the appeal filed by the assesse and also keeping the appeal pending is also a continuation of proceedings. 4. Accordingly, we considering the provisions of section14 of IBC-2016 Laws and the order of the NCLT dismiss the appeal filed by the Assessee. Further we grant the liberty to the appellant/assessee to move an application to recall the present order after the ITA.No2664/Mum/2018, Sejal Glass v. DCIT moratorium is over as per the provisions of IBC-2016 laws. 5. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 06.07.2022 Sd/- Sd/- ( PRASHANT MAHARISHI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 06.07.2022 PK, Sps /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. आ आ / The CIT(A) 4. आ आ ( ) / Concerned CIT 5. ! !" , आ $ %, हमद द / DR, ITAT, Mumbai 6. () * + / Guard file. ान ु सार/ BY ORDER, ! //True Copy// 1. (Asst. Registrar) ITAT, Mumbai