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Case Law Details

Case Name : Krishna Knitwear Technology Ltd. Vs DCIT (ITAT Mumbai)
Appeal Number : ITA Nos. 139, 140, 141 & 142/M/2020
Date of Judgement/Order : 14/07/2022
Related Assessment Year : 2008-09
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Krishna Knitwear Technology Ltd. Vs DCIT (ITAT Mumbai)

ITAT held that since proceedings under I&B code have already been initiated/decided and moratorium has been declared by prohibiting all the proceedings against the corporate debtors including execution of any judgment, decree or order of any court of law, tribunal, arbitration panel or other authority, present appeals in the present format are not maintainable having not been filed by the Interim Resolution Professionals (IRP) who can file appeal with approval of committee of creditors. Moreover, none has come present on behalf of IRP to assist the Bench to proceed further in these appeals, hence aforesaid appeals are liable to be dismissed being not maintainable at this stage.

8. Resultantly, aforesaid appeals filed by the assessee companies are disposed of with liberty to file fresh appeal in the proper format, duly verified by the person authorized to file the return of income or to get the present appeal restored by moving an application.

FULL TEXT OF THE ORDER OF ITAT MUMBAI

Aforesaid appeals filed by M/s. Krishna Knitwear Technology Ltd. and its other group concerns (hereinafter referred to as the assessee companies) bearing common question of law and facts, are taken up for disposal by way of composite order for the sake of brevity.

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