Deputy Commissioner of Income Tax v. Compuage Infocom Limited

Parties Involved

Facts Summary

The case involves an appeal by the Deputy Commissioner of Income Tax against an order passed by the National Faceless Appeal Centre (NFAC), Delhi, which decided an appeal of the Assessee against an Assessment Order. The Assessee, Compuage Infocom Limited, has pending proceedings under the Insolvency and Bankruptcy Code, 2016. The moratorium has come into effect, halting continuation of pending proceedings. The Hon’ble Delhi High Court and the Supreme Court have held that on admission of petition under Section 7 of the Code, the institution of suits or continuation of pending suits or proceedings against the corporate debtor is not permitted. The appeal by the Revenue is dismissed with liberty to the Revenue to revive the issues raised either by filing an application for recall of the order or by filing a fresh appeal as per law on expiry of the moratorium period or earlier resolution, as the case may be.…

Legal Issues

• 1. Whether the appeal by the Revenue can be entertained in light of the pending IBC proceedings against the Assessee?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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