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Judgment
PER ANUBHAV SHARMA, JM:
These appeals preferred by the assessee against the order dated 16.03.2024 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN & Order No: ITBA/NFAC/S/250/2023-24/1062751720(1) arising out of the assessment order dated 27.04.2021 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by the National e-Assessment Centre, Delhi for AYs: 2017-18 & 2018-19.
On hearing both sides we find that in regard to the present appeals of the department assesse has relied National Company Law Appellate Tribunal order dated 15.10.2018 in Company Appeal (AT) No. 346 & 347/2018 whereby moratorium like protection has been granted by staying the institution or continuation of suits or any proceedings by any party against the assesse company or its group company in any court of law including, Tribunal and based upon same assessing officer has filed a reply through ld. DR that the appeals be kept in abeyance or adjourned sine die till the final outcome of proceeding before NCLT.
We are of the considered view that once moratorium has been granted then without first establishing a claim in the insolvency or liquidation proceedings, the department cannot succeed and there is nothing before us to show that any claim of the department has been made with regard to present assesse and the issue therein involved. Keeping appeals pending is not justified.
Accordingly, the appeals are dismissed, with a liberty to get the appeals restored in case any favourable order with regard to claim of the department, in the impugned assessment orders involved, is available as a remedy to the department to prosecute the appeals.