The Delhi High Court directed the Income Tax Department to approach the Court for revival as the insolvency proceedings are pending against Amrapali Group.
In the orders dated 08.04.2021 and 17.06.2021, the Tribunal has relied upon the order dated 17.03.2021 and dismissed the appeals filed by the assessee and the revenue in view of the respondent/assesse undergoing Corporate Insolvency Resolution Process ( CIRP ).
The counsels appearing on behalf of the appellant/revenue informed the Court that the respondents/companies, which are the part of the Amrapali Group, are undergoing insolvency proceedings. And that proceedings qua Amrapali Group are being looked at by the Supreme Court.
A Division Bench comprising Justices Rajiv Shakdher and Girish Kathpalia observed that “Since more than one year has passed without definite information, we are inclined to close the instant appeals, with liberty to the appellant/revenue to approach the court for revival, albeit as per law, as and when they obtain clarity in the above-captioned matters. Consequently, the pending applications concerning condonation of delay in re-filing the appeal (i.e., CM APPL. 60497/2023 in ITA 646/2023) shall stand closed.”
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