Both assessee (Corporate debtor) and revenue filed cross appeals challenging order passed by Commissioner (Appeals).The appeal filed by revenue was an institution of suit against corporate debtor which was prohibited under section 14 of Insolvency and Bankruptcy Code, 2016. Appeal filed by revenue was dismissed with liberty to Assessing Officer to file appeal afresh after completion of moratorium period upon revival of corporate debtor as per resolution plan as approved by Adjudicating Authority or upon appointment of liquidator, as case may be. Appeal filed by assessee also dismissed, as it did not furnish any permission obtained from National Company Law Tribunal (NCLT) and no letter of authority issued by Interim Resolution Professional in favour of authorised signatory of assessee had been filed before Tribunal. Assessee was granted liberty to file appeal afresh with prior permission of NCLT or after completion of moratorium period. (AY. 2012-13)
Dy. CIT v. Global Softech Ltd. (2022) 212 DTR 133 / 217 TTJ 1 / 140 taxmann.com 103 (Mum)(Trib)
S. 253 : Appellate Tribunal-Corporate debtor-Moratorium period-Appeal of the Revenue-Cross appeals-Institution of suit against corporate debtor-Permission obtained from National Company Law Tribunal was furnished-Appeal of Revenue was dismissed-which was prohibited under Section 14 of Insolvency and Bankruptcy Code, 2016, it deserved to be dismissed and appeal filed by assessee also deserved to be dismissed, as it did not furnish any permission obtained from National Company Law Tribunal. [Insolvency and Bankruptcy Code, 2016, S, 14, 238]