https://www.taxtmi.com/caselaws?id=312276 The moratorium under the Insolvency and Bankruptcy Code, 2016 bars only the institution or continuation of proceedings against the corporate debtor, including execution proceedings, and does not prevent proceedings initiated on its behalf. An appeal filed by the corporate debtor through the Resolution Professional was therefore not barred merely because insolvency proceedings had been admitted. Although the erstwhile directors were functus officio, the tribunal erred in treating that as a reason to dismiss the appeal for want of jurisdiction under the moratorium. The dismissal on that ground was unsustainable, and the appeal was restored to the tribunal. en-us Mon, 06 Feb 2023 00:00:00 +0530 Fri, 09 Feb 2024 18:27:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312276 The moratorium under the Insolvency and Bankruptcy Code, 2016 bars only the institution or continuation of proceedings against the corporate debtor, including execution proceedings, and does not prevent proceedings initiated on its behalf. An appeal filed by the corporate debtor through the Resolution Professional was therefore not barred merely because insolvency proceedings had been admitted. Although the erstwhile directors were functus officio, the tribunal erred in treating that as a reason to dismiss the appeal for want of jurisdiction under the moratorium. The dismissal on that ground was unsustainable, and the appeal was restored to the tribunal. Case-Laws Income Tax Mon, 06 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312276