IL & FS Engineering and Construction Company Limited vs. Dy. Commissioner of Income Tax, Central Circle-9 and The ACIT, Central Circle-3(2), Hyderabad

Parties Involved

Facts Summary

The case involves appeals by the assessee and the revenue against the orders of the learned CIT(A) for the assessment years 2009-2010 to 2015-2016. The appeals were initially dismissed in limine due to a mistaken assumption that Corporate Insolvency Resolution Proceedings (CIRP) were pending against the assessee under the Insolvency and Bankruptcy Code, 2016. However, the Tribunal recalled its earlier order and allowed the appeals to be heard again. The assessee argued that the appeals should be decided in the same terms as the earlier disposed cross-appeals for the assessment year 2008-2009. The revenue submitted that the appeals could not proceed due to an interim stay order passed by the NCLAT against any proceedings against 'IL & FS' and its group companies.…

Legal Issues

• 1. Whether the Tribunal's earlier dismissal of the appeals was based on a correct assumption regarding the pendency of CIRP under the IBC, 2016.
• 2. Whether the interim stay order by the NCLAT affects the proceedings of these appeals.

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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