Appeal – Corporate Insolvency Resolution Process – Appeals cannot proceed while the moratorium under Section 14 of the IBC, 2016, was in operation: Insolvency and Bankruptcy Code, 2016.

Pr. Commissioner of Income Tax-13 Mumbai vs. Shirpur Gold Refinery Ltd,

ITA Nos. 729/2018, 798/2018 & 773/2018

Dated 23.07.2025

Appeal - Corporate Insolvency Resolution Process - Appeals cannot proceed while the moratorium under Section 14 of the IBC, 2016, was in operation: Insolvency and Bankruptcy Code, 2016.

The Resolution Professional on behalf of the Respondent submitted that the Respondent Company was undergoing a Corporate Insolvency Resolution Process (“CIRP”) under the provisions of the Insolvency and Bankruptcy Code, 2016 (for short “IBC, 2016”). Since the company was undergoing a CIRP, and there was a moratorium in effect/in force under Section 14 of the IBC, 2016, the above Appeals cannot proceed. In this regard, he relied upon a decision of the Hon’ble Delhi High Court in the case of Principal Commissioner of Income Tax-6, New Delhi vs. Monnet Ispat and Energy Ltd [(2017) SCC Online DEL 12759]. He submitted that, the Delhi High Court had clearly held that during the period of moratorium, the Appeals filed by the Revenue before the High Court [against the orders of the ITAT], cannot proceed. He submitted that the aforesaid decis