The Tribunal held that the moratorium period commenced pursuant to order dated May 5, 2021 passed by the Company Law Tribunal and the appeal had been filed by the Department on July 30, 2021, i. e., after commencement of moratorium period and thus it was in contravention of the provisions of section 14 of the Code. The appeal was liable to be dismissed in terms of the provisions of section 14 of the Code with liberty to the Assessing Officer, as soon as the moratorium period was over, to prefer the appeal afresh. (AY. 2013-14)
ACIT v. Wizcraft International Entertainment Pvt. Ltd. (2022)96 ITR 79 (SN) (Mum)(Trib)
S. 253 : Appellate Tribunal-Appeal-Company in respect of which Corporate Insolvency Resolution Process Ongoing-Appeal filed after Commencement of Moratorium period-Not maintainable-Liberty to Assessing Officer to prefer appeal afresh after moratorium period over. [Insolvency and Bankruptcy Code, 2016, S. 14]